Harris, however, wrote that none of the violations “could have posed an imminent danger to the public’s health safety or welfare if the department did not even issue an inspection report for over a month and then allowed Palmer an additional two months to correct all violations.”

He also threw out the DPHHS argument that the judicial review was the only way for the provider to object to the license revocation. He pointed to a provision in the Montana Medical Marijuana Act and state supreme court precedent that gives licensed providers enough ownership to warrant its protection.

Beyond reversing the department’s revocation, however, Harris wrote that it remains unclear what legal remedy Palmer could receive.

The license revocation came while Palmer was involved in negotiations for a merger between Montana Organic Medical Supplies and Lionheart Caregiving, another medical marijuana dispensary. Palmer has contended that the department’s action effectively sank the possibility of a merger between the two businesses.

“(I)t seems apparent that the department has already destroyed Palmer’s medical marijuana business and that it is probably futile to now remand the case for a contested case hearing,” Harris wrote. “The problem is that Palmer may no longer have a meaningful remedy even if he prevails.”