A company that operates pharmacies that sell medical cannabis demanded that the Ministry of Health and the Cannabis Products Unit reverse their decision to revoke the company’s license to sell cannabis.
The court ruled that the decision to revoke the cannabis sales license was reasonable under the circumstances and there is no room for interference with it. A decision by an administrative authority exceeds the scope of reasonableness only if it was made in excess of authority, based on extraneous considerations, arbitrarily, or in creating discrimination. Insofar as this is an administrative decision that a reasonable administrative authority would have been entitled to make, there is no room for the court to intervene in the said decision, and this is all the more true when it is a decision based on the recommendation of a professional. Here, in the inspections carried out at the pharmacies, numerous deficiencies were found in the conduct of the pharmacy and the pharmacist that justify the committee’s decision to revoke the license. The company was duly heard and its arguments were heard in full, even though the hearing was conducted in writing and not orally, and the committee’s decision was made reasonably and in accordance with the procedures, based on relevant considerations, and without any evidence of selective or selective enforcement. Thus, there is no room for the court to intervene in the administrative authority’s decision.
To read the ruling, Atm (Y-M) 36070-08-24 Maor Algali v. Director General of the Ministry of Health
Published in Legal Channel 430 08.01.2025 Afik & Co. https://he.afiklaw.com/
