During the hearing, it was clarified that the petition focused on the Tiberias branch. It also emerged that this branch does not function as a regular pharmacy, but rather that it is a pharmacy whose main business, almost only, is the sale of medical cannabis.
- In 2020 (after his regular service in the army and his discharge with the rank of sergeant major and service in the police with the rank of sergeant), the petitioner began to develop a business in the field of medical cannabis. At that time, a series of bureaucratic and legal proceedings began, which included at least ten petitions filed by the petitioner. The first petition was accepted, after it was determined that the district pharmacist had delayed the licensing proceedings (Administrative Petition (Nazareth) 40203-12-21, judgment of January 9, 2022) and in the matter of the second petition, an interim order was issued regarding the transfer of information (Administrative Petition (Nazareth) 54599-03-22, decision of May 17, 2022). The rest of the petitions, which will be detailed later, were rejected or deleted.
However, it seems that it is worth mentioning that from all the proceedings and from all the many documents that were submitted, it emerges that in the course of those proceedings, the respondents and those on their behalf were forced to resort to unusual and aggressive conduct on the part of the petitioner towards them. Thus, on June 12, 2022, the district pharmacist in the north filed a complaint with the police for distributing false information, insulting a public servant, harassment, and threats directed at him by the petitioner; On June 20, 2022, the Director General of the Ministry of Health contacted the petitioner regarding his conduct toward the Ministry's employees, while rejecting his claims against the District Pharmacist; Subsequently, the Northern District Attorney (Civil), Adv. Eitan Lederer, contacted the petitioner demanding the removal of offensive publications against the District Pharmacist, the employees of the Pharmacy Division, and the management of the firm's employees.
- The licensing procedures for the Tiberias branch began on February 15, 2022, with the submission of the application for initial approval, and the licensing procedures regarding the branch in Kiryat Ata began on July 7, 2022. On July 26, 2022, after completing all the stages, the business license was granted to the Tiberias branch, and on October 6, 2022, the license was granted to the Kiryat Ata branch.
- Summary of the facts relating to the hearing proceeding regarding the Tiberias branch
- On March 30, 2023, a routine visit was conducted at the Tiberias branch, during which deficiencies were found, including the following:
- In the system, the branch documented two operations of distributing cannabis products at adjacent time intervals, through the same pharmacist in two different pharmacies owned by the petitioner, which are far from each other; Cannabis products were issued in the name of a pharmacist who was not present at all; Cannabis products were issued in the name of people who are not pharmacists, who are not even registered in the cannabis license. This conduct raised serious concerns that dangerous drugs were being issued without the use of a licensed pharmacist, or a pharmacist in general, while impersonating a pharmacist and in violation of the instructions Sections 2512(b) and25XIII in the Drugs Ordinance and the Section 11a IIPharmacists Ordinance.
- The branch possessed and marketed, for a sum of ILS 150, prohibited utensils whose main purpose was drug consumption, such as bongs, in violation of the directive Section 10A in the Drugs Ordinance. During the inspection, the branch claimed that the bangs were used as an aquarium for fish, and even refused to present a delivery certificate or receipt for their purchase, contrary to the directive Section 27 in the Drugs Ordinance.
III. The operators of the Tiberias branch refused to allow the audit to be conducted until the petitioner arrived, and after his arrival, he interfered with the audit, photographed the audit editors and verbally attacked them. He also refused to present documents regarding the bangs that were found, in violation of the instructions Sections 26 and27 in the Drugs Ordinance.
- Following the audit, the Petitioner notified the Ministry on July 8, 2023, of the termination of the work of the pharmacist in charge of the Tiberias branch (Mr. Samer Asala), and at the same time, a request was submitted to appoint Mr. Shai Kurland as a substitute pharmacist in charge of the branch for a period of fourteen days, as well as a request that his appointment be approved as a permanent appointment. The request to appoint him as a permanent pharmacist was rejected in a reasoned decision by the District Pharmacist dated July 20, 2023. The reason for the rejection of the application was that the substitute pharmacist had violated the provisions of the Pharmacists Ordinance and the Drugs Ordinance and the regulations enacted by virtue of the Ordinances, as well as the instructions of the Ministry of Health, while revealing gross negligence in his work. Therefore, it was clarified that the temporary appointment will end on July 21, 2024. The petitioner requested to delay the decision, and in response was told that the substitute pharmacist would be able to serve in the position until July 31, 2023, subject to non-dispensing of dangerous drugs, including medical cannabis.
On August 3, 2023, the Ministry received information that the Tiberias branch would continue to operate even after July 31, 2023, even in the absence of an approved responsible pharmacist and despite the marketing of medical cannabis on the premises. At this time, the Deputy Director of the Pharmacy Division at the Ministry of Health, Mag. Eli Marom, also received a notice from the Ministry of Health, that there was no change in the decision regarding the disqualification of Kurland from serving as a responsible pharmacist at the Tiberias branch. Since, in accordance with the Licensing Guidelines, a condition for a license to practice cannabis is the presence of a permanent pharmacist, the Attorney General notified the Petitioner on August 6, 2023, of the suspension of the cannabis license of the Tiberias branch, so that until the issue of the appointment of the pharmacist in charge is settled and a decision is made on the matter, it is prohibited to engage in cannabis in the premises.