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.
Oklahoma Attorney General Gentner Drummond countered that the Supreme Court lacked the authority to review Berry’s qualifications since state law gave appointment power for the position to the governor and confirmation power to the state Senate.
“In other words, any question of whether Berry possessed the necessary qualifications to serve as Executive Director of the OMMA was, by law, to be determined by the Governor and the Senate in her confirmation process,” the attorney general’s office argued.
Berry was confirmed by the state Senate in May and is the first to run the authority as an independent agency. She also served as the executive…