Oklahoma Supreme Court rejects challenge to marijuana agency chiefPosted by On

Adria Berry, executive director of the Oklahoma Medical Marijuana Authority, reviews documents at her office in Oklahoma City.

The Oklahoma Supreme Court has rejected a challenge to the state’s top marijuana regulator, ruling that a Moore dispensary owner isn’t permitted to contest the qualifications of the state officer.

In a brief and unanimous order on Monday, the justices said the proper party in such an action would be the state attorney general, a district attorney or a contestant for the office at issue.

“A ‘collateral attack by a private individual is not permitted,’” the court said, citing past cases.

Darrell Carnes, owner of the Mary Jane Dispensary, filed a challenge with the high court in July claiming Adria Berry does not have the required state certification as a peace officer to serve as executive director of the Oklahoma Medical Marijuana Authority. 

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