Dragan Vicentic, Licensee, D/B/A Green Springs Medical, LLC v. Arkansas Alcoholic Beverage Control Board

Summary

The Arkansas Court of Appeals affirmed the revocation of Green Springs Medical LLC’s medical-marijuana dispensary license by the Arkansas Alcoholic Beverage Control Board. The court held that substantial evidence supported findings of inventory, sanitation, labeling, advertising, and expired-testing-date violations, and that the agency followed lawful procedures, including providing notice that the penalty could include license revocation.

Holdings

1. Substantial evidence supported the Board's determination that GSM committed multiple regulatory violations constituting grounds for revocation, and the decision was not arbitrary, capricious, or an abuse of discretion.
2. The ABC followed lawful procedures and provided adequate notice that a hearing could result in an increased sanction, including suspension or revocation, rather than merely the proposed settlement fine.

Questions Presented

1. Whether substantial evidence supported the ABC's revocation of GSM's dispensary license.
2. Whether the ABC revoked GSM's license through unlawful procedure by imposing a sanction greater than the proposed settlement fine without adequate notice.

Disposition

affirmed