Supreme Court of Arkansas

Osage Creek Cultivation, LLC Delta Medical Cannabis Company, LLC Bold Team, LLC Natural State Medicinals…

March 16, 20232023 Ark. 47

Summary

The court held that the circuit court had subject-matter jurisdiction under the declaratory-judgment statute to consider the claim that state officials acted ultra vires in issuing a cultivation license. Nevertheless, dismissal was proper because the complaint did not allege sufficient facts to overcome sovereign immunity. The court affirmed on sovereign-immunity grounds and expressly declined to address standing.