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March 17, 2014

Judge upholds DHHS fee on medical pot growers

A Knox County Superior Court judge has upheld the Department of Health and Human Services’ ability to assess fees on medical marijuana caregivers and dispensaries.

The Bangor Daily News reported Justice Andrew Horton ruled that the department does not need to go through a formal rule-making process and approval by the Maine Legislature in response to a complaint from a medical marijuana grower who filed a court appeal against the department in November 2012.

John Stewart of Washington had argued that the department overstepped its authority by assessing annual fees of $300 per patient in 2011 and 2012. He also argued the fee was excessive and asked the department to return $1,800 he paid in fees. 

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