A California Superior Court judge dominated {that a} marijuana testing lab can reopen instantly after having to shut in January as a result of regulators revoked its license.

Judge Frank Roesch wrote in his ruling late Thursday that the state Bureau of Cannabis Control was “prohibited from enforcing the ‘revocation’ issued” final month to Hayward-based Harrens Lab, and he ordered that the lab can “continue to act under (its provisional) license until further order by the court.”

Harrens filed go well with towards the Bureau of Cannabis Control a couple of weeks after its provisional license was revoked, arguing {that a} lack of an appeals course of for the license revocation was a violation of its proper to due course of.

Roesch set a listening to for March 25 so the 2 sides might additional argue whether or not the state has a proper to a preliminary injunction towards the lab.

That listening to units the stage for a bigger authorized query as as to whether marijuana corporations working on provisional licenses have a proper to due course of, mentioned legal professional James Anthony, who represents Harrens Lab.

“The lab’s position is that the (83% of the) provisional licensees that form the bulk of the multi-billion dollar California cannabis industry have a constitutionally protected property interest in their licenses. And that therefore the government cannot shut them down without due process of law,” Anthony wrote in an e mail to Marijuana Business Daily.

“Judge Roesch remarked that it will be an ‘interesting case,’” Anthony wrote, including {that a} remaining ruling within the case would possibly take months if Harrens prevails on the March 25 listening to.

In a response to the lawsuit, California Attorney General Xavier Becerra argued this week that the 8,280 provisional licenses held by marijuana corporations haven’t any proper to due course of beneath present state regulation as a result of these permits are designed to be momentary and, thus, these companies don’t take pleasure in the identical authorized standing and rights as full annual licensees.

To date, the state has awarded only one,670 annual permits.

– John Schroyer

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