A local medical marijuana dispensary has requested a hearing with the director of Alcoholic Beverage Control after ABC's enforcement division cited it for numerous violations during a July inspection.
The state Department of Finance and Administration, the agency that oversees ABC, said Dragan Vicentic, CEO of Green Springs Medical LLC, the only licensed medical marijuana purveyor in incorporated Hot Springs, requested a hearing. DFA said the hearing has been tentatively scheduled for Oct. 28.
Green Springs and fellow Garland County dispensary Doctor's Orders RX Inc. were the first locations to sell marijuana legally in Arkansas when they opened in May. Violations were also found during a July inspection of Doctor's Orders, which accepted the state's settlement offer of a $3,550 fine and a 180-day probation.
DFA said Fiddler's Green in Mountain View is the only other dispensary that's been cited for a violation. Ten of the 32 dispensaries licensed statewide are operating after Harvest in Conway opened Friday, DFA said. More than $12 million in medical marijuana has been sold statewide since the first sales were made in Garland County.
The offer of settlement ABC sent Vicentic last month listed 47 counts of improper storage, failure to maintain video surveillance systems, failure to maintain biometric locks, failure to restrict access to sensitive areas and violation of signage rules. The offer proposed a $13,500 fine, with $5,875 suspended upon successful completion of a 180 day probation period.
A lawsuit filed against Vicentic last month in Garland County Circuit Court by Bruce Simpson, who's listed as Green Springs' security manager/vice chairman and a 40 percent owner on the company's application for a dispensary license, accused Vicentic of "systematically and continuously" violating rules and regulations promulgated by the state's Medical Marijuana Commission.
A four-hour hearing was held Monday on Simpson's request for a preliminary injunction. The hearing notice said Simpson requested to enjoin Vicentic from banning him from the dispensary and excluding him from business decisions and profit distributions. According to the complaint, Vicentic has not distributed profits according to the ownership percentages listed on the license application and has banned Simpson from the premises.
Simpson's attorney, Scott Hickam, said Thursday that Special Judge Ted Capeheart asked him to prepare a preliminary order for the court to consider. He said an order could be entered within the next few days.
The state Supreme Court appointed Capeheart, a retired judge, to the case after the county's four circuit judges recused.
Vicentic's attorney Ryan Culpepper filed a motion to continue the hearing, arguing he should be able to respond to the complaint Vicentic was served with Sept. 19 before a hearing is held. The case file includes a copy of the dispensary permit issued in Vicentic's name. Culpepper argued in a letter to Capeheart that because Vicentic's is the only name listed on the permit only he can operate the dispensary.
Vicentic could not be reached for comment on the hearing he requested with ABC or Monday's hearing in circuit court.
Local on 10/12/2019