State sued over medical marijuana permitting

BOSTON (AP) — A company that lost its bid to open a medical marijuana dispensary wants a judge to overturn the state's decision.

In a lawsuit filed in state Superior Court in Boston on Tuesday, Brighton Health Advocates argues that the state's June decision "was an abuse of discretion, was arbitrary and capricious, was not based on substantial evidence" and should be vacated.

The company, which proposed a marijuana facility in Fairhaven, accuses the state Department of Public Health of making "increasingly onerous demands for information to search for a pretext" to reject its application.

The department, which did not immediately respond to requests for comment, said in June that it revoked the company's preliminary approval because the nonprofit had proposed a corporate structure that appeared to violate state regulations.

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