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They are trying to persuade an appeals court that state health officials were wrong to scrap his application because he died before the licensing process was complete.
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An administrative law judge rules that the Pigford license earmarked for Moton Hopkins should not go to his heirs and partners because they are not members of a "recognized class."
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State health officials deemed the application submitted by Moton Hopkins and Hatchett Creek Farms, of which he owned 51 percent, to be the cream of the crop, but after he died decided to award the license to someone else.
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The discrimination the set-aside license was meant to redress created obstacles for Frederick Fisher obtain it. This is Fisher’s story as he told oral historians in 2017, as he swore this year in his application and as he tells it now.
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Louis Del Favero Orchids' latest lawsuit follows a September ruling by the 1st District Court of Appeal that sided with the Department of Health and upheld a lower court’s dismissal of a case filed by the company.
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The state Department of Health issued an “intent to approve” for Terry Donnell Gwinn, who vied with 11 others for the opportunity to join the growing medical marijuana industry.
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The Florida Department of Health last year began moving forward with rules to award the license and scheduled an application period in March.