A cannabis testing lab which has been forced to close may reopen as soon as Wednesday afternoon, if a hearing scheduled for 1:30 p.m. goes the lab’s way. That’s according to longtime California cannabis industry attorney James Anthony, who is representing California Cannabis Testing Labs.
The California Department of Cannabis Control last week denied a request to renew CCTL’s provisional license, but Anthony – who has a solid track record of fighting state marijuana regulators on due process issues – said that move was a red herring to distract from negative press the agency has endured since WeedWeek and The Los Angeles Times published an investigation showing lax oversight of cannabis testing labs.
The lab already filed suit against the DCC in June, alleging that its right to due process had been violated as the regulatory agency moved toward revoking its business permit, Anthony said.
He added that the DCC’s initial response to the June lawsuit was an informal agreement to “take no action” while settlement negotiations were ongoing. The agency caught him and his client by surprise with the denial of the license renewal last week, Anthony’s pushed the Alameda County Superior Court judge for a quick hearing for a temporary restraining order that would bar the agency from forcing the lab to close.
“If I get a court order saying they have to reinstate the provisional, it should be effective immediately,” Anthony said, confirming that CCTL could potentially reopen as soon as Wednesday afternoon.
Anthony admitted that the outcome is uncertain, however, but he’s had a good bit of success fighting the DCC over similar due process claims in the past, garnering a number of settlements because, he said, the DCC doesn’t really want to duke it out in court over whether state-licensed cannabis companies should be afforded due process under the U.S. Constitution.
“I’ve done this like five times” with other cannabis companies facing the loss of licenses without a hearing, Anthony said. “Every single time, when they’ve revoked a provisional (license), they’ve backed down, and we’ve cut a deal. … They didn’t want to test, in court, their position that ‘We can revoke a provisional any time for any reason, and you don’t get a hearing.’”
The June lawsuit noted that CCTL has been in business since the licensed California marijuana market launched in 2018 and has had its business permit renewed each year since.
But on June 10 this year, CCTL claimed in its suit, the DCC sent the lab a letter threatening to revoke its business license for rule violations that took place “two years and five months after” an audit of CCTL that contained issues the DCC used to justify its shuttering of the lab.
The lawsuit, filed two weeks later on June 25, was a precautionary move to prevent the loss of the license, Anthony said.
“The lab on its own initiative, in its continuous procedural improvements, had long since resolved these 20 issues from 2022,” the lawsuit contended. “But no matter the facts, for DCC would provide no venue of due process for a neutral independent decision maker to hear them.”
The lawsuit requests a temporary restraining order and a preliminary injunction to reverse the provisional license cancelation and to force the agency to process the lab’s application for an annual license, which it submitted six years ago.
When reached for a response, the DCC told Green Market Report that it does not comment on pending litigation.
CCTL vs DCC Complaint