The CEO of Hot Springs' only licensed seller of medical marijuana says he will appeal the administrative ruling issued last month by the head of the state's enforcement agency.

Dragan Vicentic said he's appealing Alcoholic Beverage Control Director Doralee Chandler's ruling on violations Green Springs Medical was cited for following a July inspection. Chandler dismissed two of the five violations and reduced the penalty the agency issued in September, ordering a $7,025 fine and a 120-day probation.

Chandler ruled there was insufficient evidence to sustain violations for failing to maintain a video surveillance system and limit access to marijuana storage areas. Violations for improper labeling, failing to maintain biometric locks and posting banners outside the Seneca Street location were upheld.

Vicentic said he's petitioning the agency's board for a full dismissal. His dispensary was one of the first to open following the 2016 passage of the state constitutional amendment legalizing marijuana for medicinal purposes, making its first sale last May.

"Even though they backed off of almost half of the violations, I still did not get the vindication that I needed for my patients, for Green Springs Medical and for myself for the unprecedented time and effort that I put in every single day," he said. "I run a first-class operation at Green Springs Medical, and, without getting into too much detail, those citations were just not right. That will be proven in the end."

ABC said unless Vicentic requests a continuance the appeal will be heard at the board's Feb. 26 monthly meeting. Any materials offered in support of the appeal cannot be introduced until then, the agency said.

Vicentic's business partner, Bruce Simpson, opposed the decision to appeal the violations, arguing in the lawsuit he filed against Vicentic last year that the appeal endangered the renewal of the dispensary's license.

Simpson, listed as security manager and vice chairman in the dispensary application filed in 2017, told the court in October that Vicentic forced him out of the business a month after it opened. Vicentic testified that the decision to part ways was mutual. Following the four-hour hearing, a special judge ruled Simpson is entitled to an equal say in business decisions and that half of the profits be set aside for him while his lawsuit moves through the court.

Vicentic petitioned the state Court of Appeals to review the lower court's ruling. The brief in support of the appeal is due later this month.

Green Springs continued to lead the state in sales, reporting 80 pounds sold from Jan. 28 through Thursday. The 42 pounds reported by the Source in Bentonville was the second most. Since opening May 12, Green Springs has accounted for a state-leading 1,343 pounds of the 5,904 pounds sold statewide through Thursday.

The 637 pounds sold by the Releaf Center, which opened Aug. 7 in Bentonville, ranked second. Seventeen of the 33 locations licensed by the Medical Marijuana Commission in operation as of Thursday reported $38 million in combined sales.

Suite 443 on Malvern Avenue in unincorporated Garland County reported 315 pounds sold through Thursday. It opened a day before Green Springs, making it the first location to sell marijuana legally in Arkansas.

Vicentic said Green Springs has maintained a statewide customer base even as more dispensaries have come online.

"Patients, even though dispensaries have opened closer to them, still drive three to four hours from the four corners of the state to get the service, variety and prices that we offer," he said. "I get people every day who thank me for making their medicine affordable for them compared to other dispensaries."

Thirty-two dispensary licenses were initially issued, with four allocated to each of the eight zones, but the commission recently issued an additional one for Zone 7 in southeast Arkansas. ABC said the dispensary will be in Pine Bluff. The amendment authorized the commission to license up to 40 locations.

Local on 02/10/2020