Ousted medical pot dispensary sues Billings, state over business closure in 2018 – Montana Standard

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Shawn Palmer, who owns Montana Organic Medical Marijuana, or “MOMS,” is pictured in this 2010 file photo.

BOB ZELLAR, Billings Gazette file photo PHOEBE TOLLEFSON

A medical marijuana business with a history of disputes with the city of Billings is suing, saying a police detective engaged in “judicial deception” amid ongoing efforts to shut down the dispensary.

Montana Organic Medical Supply, or MOMS, sued in U.S. District Court on Tuesday, naming the state, the Department of Health and Human Services, two of its employees, the city of Billings and a police detective.

MOMS is owned by Steven Palmer.

Palmer said that in 2018, the state health department inspected his business’ cultivation facility near Emigrant and its dispensary, previously located at 2918 Grand Ave. in Billings.

Violations were found, and the inspection report gave the business until Sept. 18 to make corrections.

But without any warning, the state shut MOMS down early, Palmer said.

Palmer said he was given a notice the state was revoking his provider license on Aug. 13. He said he only received a copy of the report with the list of required changes on Aug. 7, and that the state bypassed certain findings it would have needed to make in order to revoke the license in an emergency fashion.

So Palmer took the issue to court, asking a Yellowstone County District judge to review the matter.

Judge Donald Harris found the health department’s order revoking the dispensary’s license “lacks any legal or equitable justification” and the expedited process violated the business’ due process rights.

The judge put a stay on the license revocation and the parties agreed to dismiss the case so that MOMS could

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