Supreme Court of Arkansas

Arkansas Department of Finance and Administration; Arkansas Alcoholic Beverage Control Division; and Arkansas…

May 28, 20202020 Ark. 213

Summary

The court held that Carpenter Farms could proceed with an Administrative Procedure Act challenge alleging that the Medical Marijuana Commission failed to adopt required model rules and with a declaratory-judgment equal-protection claim. It dismissed claims challenging the Commission's case-specific application of its rules, claims seeking review under the APA's adjudication provision, and claims relying on an internal Commission rule as an independent jurisdictional basis. The court also declined to order reassignment of the circuit judge.