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July 2022

Ohio Board of Pharmacy Successfully Withstands Challenge to Its Request for Applications Process

In the National Association of Boards of Pharmacy’s (NABP) Innovations publication, health care associate Jonathan Keller, PharmD, explores issues in a case brought against the State of Ohio Board of Pharmacy related to its request for applications (RFA) process.

According to the article, with the establishment of the Ohio Medical Marijuana Control Program, the Board was delegated the responsibility of licensing retail medical marijuana dispensaries and enacting rules to govern their licensing and operation. Keller outlines JG City LLC v. State Bd. of Pharmacy and how the Board denied JG City’s application for a license to operate a retail medical marijuana dispensary pursuant to its RFA process.

Keller also outlines the Court of Appeals of Ohio’s analysis of the case, stating that the Court affirmed the overruling of three of JG City’s allegations and found two others to be moot. In conclusion, he emphasizes that boards of pharmacy should understand the burden of proof necessary to sustain decisions regarding an RFA process and how not tailoring those decisions can provide an avenue for an applicant to challenge the board’s process.

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