Dragan Vicentic, Licensee, D/B/A Green Springs Medical, LLC v. Arkansas Alcoholic Beverage Control Board

── Dragan Vicentic, Licensee, D/B/A Green Springs Medical, LLC v. Arkansas Alcoholic Beverage Control Board ── Court: Court of Appeals of Arkansas Date: March 11, 2026 Category: General Cite as 2026 Ark. App. 170 ARKANSAS COURT OF APPEALS DIVISION 1 No. CV-25-140 Opinion Delivered March 11, 2026 DRAGAN VICENTIC, LICENSEE, D/B/A GREEN SPRINGS MEDICAL, APPEAL FROM THE GARLAND LLC COUNTY CIRCUIT COURT APPELLANT [NO. 26CV-24-702] V. HONORABLE, KARA A. PETRO, JUDGE ARKANSAS ALCOHOLIC BEVERAGE AFFIRMED CONTROL BOARD APPELLEE CASEY R. TUCKER, Judge Dragan Vicentic, licensee, d/b/a Green Springs Medical LLC (GSM), appeals the Garland County Circuit Court’s order affirming the Arkansas Alcoholic Beverage Control Board’s (the Board’s) decision revoking GSM’s dispensary license. For its points on appeal, GSM asserts that the revocation of its license was not supported by substantial evidence and that the Board’s revocation was based on unlawful procedure. We affirm. I. Whether the Revocation Is Supported by Sufficient Evidence GSM is under the misguided impression that the Board was required to find that GSM was endangering cannabis patients in order to revoke its license. Pursuant to the rules for the medical marijuana industry in Arkansas, GSM is incorrect. The Board cited and applied the pertinent rules to the overwhelming evidence, thereby supporting its decision in this case. Pursuant to the Arkansas Medical Marijuana Amendment of 2016, the Medical Marijuana Commission is charged with licensing and regulating the licensing of dispensaries and cultivation facilities. Ark. Const. amend. 98, § 8 (a)(1)–(2). The Alcoholic Beverage Control Division (the ABC) is responsible for administering and enforcing the provisions of amendment 98 as they apply to dispensaries and cultivation facilities. Id. § 8(3). The ABC is charged with adopting rules necessary to carry out the purposes of amendment 98 and to perform its duties. Id. § 8(b)(1). Rules adopted under section 8 are rules as defined in the Arkansas Administrative Procedure Act (APA). Id. § 8(b)(2). The ABC has the duty to adopt rules governing, in pertinent part: (1) Oversight requirements for dispensaries and cultivation facilities; (2) Recordkeeping requirements for dispensaries and cultivation facilities; .... (5) The manufacture, processing, packaging, labeling, and dispensing of usable marijuana to qualifying patients and designated caregivers, including without limitation: .... (6) Procedures for suspending or terminating the licenses of dispensaries and cultivation facilities that violate the provisions of this amendment or the rules adopted under this amendment, procedures for appealing penalties, and a schedule of penalties; (7) Procedures for inspections and investigations of dispensaries and cultivation facilities; 2  (8) Advertising restrictions for dispensaries and cultivation facilities, including without limitation the advertising, marketing, packaging, and promotion of dispensaries and cultivation facilities with the purpose to avoid making the product of a dispensary or a cultivation facility appealing to children, including without limitation: (A) Artwork; .... (F) Other forms of marketing related to medical marijuana; (9) Procedures for the disposal or other use of marijuana not dispensed to a qualifying patient; and (10) Any other matters necessary to the division’s fair, impartial, stringent, and comprehensive administration of its duties under this amendment. Ark. Const. amend. 98, § 8(3). GSM was a medical marijuana