Rejected Pa. Medical Pot Licensee Has Right To See Score

Law360 (September 15, 2020, 9:59 PM EDT) -- The Pennsylvania Commonwealth Court ruled Tuesday that state regulators' scores on a rejected medical marijuana license application are not exempt from the state's public records law, holding that the scores don't fall under a carveout for certain deliberations.

Senior Judge Bonnie Brigance Leadbetter, writing for the panel, rejected the Pennsylvania Department of Health's argument that the scores sought by an attorney for applicant BCI2 were prohibited from disclosure by a "predecisional deliberations" provision of the state's so-called Right-to-Know Law.

BCI2's application for a grower-processor permit was rejected by the department for allegedly missing a signature on one document, according to the...

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