Judge denies Callicoat family’s request for Temporary Restraining Order

In a decision issued Thursday, Circuit Judge Jon E. Beetem, rejected a proposed Temporary Restraining Order sought by a rejected cultivation applicant group. 

The plaintiff, Sarcoxie Nursery founders: the Callicoat family, had brought the first legal contention against the State in regards to the medical marijuana licensing process last week.

In his decision Beetem wrote that, “a clear violation has not been established at this point in the litigation which might warrant a TRO. The recent amendment to the Missouri constitution clearly contemplates limits to the number of licenses in that it establishes a minimum number to be issued. If limits were not contemplated, that provision would not be required. Whether or not the regulations constitute a special law, impede “access” to medical marijuana or violates the “right to farm” are fact questions which merit further review. However, these issues do not merit a temporary restraining order.”

The matter has been returned to Division III Judge Joyce where it was originally assigned, and  is scheduled to be heard Jan 21 law day at 1:30 pm for status and scheduling of further proceedings.

The Callicoats released a statement regarding the Judge’s decision shortly after the ruling was issued.

The statement and ruling follow.

   

Sarcoxie Nursery’s Statement Regarding Court Ruling on Temporary Restraining Order

Dr. Paul Callicoat, a retired cardiologist and principal of Sarcoxie Nursery, released the following statement in response to Thursday’s ruling by the Cole County Circuit Court on a motion for a temporary restraining order related to Missouri Department of Health and Senior Services’ handling of medical marijuana licenses:

“While we are disappointed by the ruling, we are gratified that the Court agrees that whether or not the regulations constitute a special law, impede ‘access’ to medical marijuana or violates the ‘right to farm’ are fact questions which merit further review. We are now concentrating on proceeding with litigation.”