Judge Gievers rules the statutory caps unconstitutional
TALLAHASSEE, FL, Feb. 4, 2019 /CNW/ - After nearly a year of litigation, Trulieve Cannabis Corp. (CSE: TRUL) has won a suit alleging the statutory caps on the number of dispensaries permitted for each licensed medical marijuana treatment center were unfairly and wrongly added by the state legislature after voters approved the Florida Medical Marijuana Legalization Initiative ("Amendment 2") in 2016. Judge Karen Gievers of Florida's Second Judicial Circuit ruled that the statutory caps placed on the number of dispensaries allowed across the state were not only unconstitutionally added after Amendment 2 had been approved by voters, but were adversely impacting patient access.
In response to the ruling, Trulieve CEO Kim Rivers said, "Trulieve was originally designated as the licensee for the Northwest region of Florida, which is the most rural region in the state. As a result, during the original application process, a cornerstone of our application was patient access and being able to dispense to patients in less populated areas. The court has sided with the argument that access to medicine is critical; Trulieve stands ready to fulfill our commitment to open dispensaries in these areas."
The suit, filed by Trulieve in April of 2018, alleged that the statutory caps, which were established after Trulieve had been awarded a license to grow, cultivate, distribute, and sell medical cannabis in Florida, were unconstitutionally added after-the-fact and that such restrictive caps were never contemplated during the application and selection process.
Regarding the caps, Judge Gievers ruled that "the evidence clearly and conclusively establishes beyond any doubt that the imposition of regional and statewide caps on the number of dispensaries for each licensed [medical marijuana treatment center] does not support Voter-Approved constitutional goals." Judge Gievers added that when the legislature established the statute, they used language that was different from what voters approved, effectively ignoring voters' instructions.
In response to the order, Trulieve's attorney David Miller stated, "Since being granted a license, Trulieve has operated with a strong emphasis on patient safety and access. Limiting the number of dispensaries affects patients negatively. Dispensaries not only allow for more efficient and less costly patient access, they promote in-person communication, helping patients make more informed decisions in regard to their care. This order will change the landscape of the medical marijuana market in Florida for the better."
Trulieve Cannabis Corp. is a vertically integrated "seed to sale" company and is the first and largest fully licensed cannabis company in the State of Florida. Trulieve cultivates and produces all of its products in-house and distributes those products to Trulieve-branded stores (dispensaries) throughout the State of Florida, as well as directly to patients via home delivery. Trulieve also operates in California and Massachusetts.
Trulieve is listed on the Canadian Securities Exchange under the symbol TRUL.
This press release does not constitute an offer to sell or a solicitation of an offer to buy nor shall there be any sale of any of the securities in any jurisdiction in which such offer, solicitation or sale would be unlawful. The securities have not been and will not be registered under the United States Securities Act of 1933, as amended (the "U.S. Securities Act"), or the securities laws of any state of the United States and may not be offered or sold within the United States (as defined in Regulation S under the U.S. Securities Act) unless registered under the U.S. Securities Act and applicable state securities laws or pursuant to an exemption from such registration requirements.
This news release includes forward-looking information and statements, which may include, but are not limited to, information and statements regarding or inferring the future business, operations, financial performance, prospects, and other plans, intentions, expectations, estimates, and beliefs of Trulieve. Forward-looking information and statements involve and are subject to assumptions and known and unknown risks, uncertainties, and other factors which may cause actual events, results, performance, or achievements of Trulieve to be materially different from future events, results, performance, and achievements expressed or implied by forward-looking information and statements herein. Although Trulieve believes that any forward-looking information and statements herein are reasonable, in light of the use of assumptions and the significant risks and uncertainties inherent in such information and statements, there can be no assurance that any such forward-looking information and statements will prove to be accurate, and accordingly readers are advised to rely on their own evaluation of such risks and uncertainties and should not place undue reliance upon such forward-looking information and statements. Any forward-looking information and statements herein are made as of the date hereof, and except as required by applicable laws, Trulieve assumes no obligation and disclaims any intention to update or revise any forward-looking information and statements herein or to update the reasons that actual events or results could or do differ from those projected in any forward looking information and statements herein, whether as a result of new information, future events or results, or otherwise, except as required by applicable law.
To learn more about Trulieve, visit www.Trulieve.com.
SOURCE Trulieve Cannabis Corp.
For further information: Kevin Darmody, Director, Investor Relations, (850) 480-7955, [email protected]; Victoria Walker, Director of Marketing & Community Relations, (704) 773-3446, [email protected]