- Summary of the facts relating to the hearing proceeding regarding the Kiryat Ata branch
- The license to practice medical cannabis in the Kiryat Ata branch was granted, as mentioned, on October 6, 2022. On July 30, 2023, a request was sent to renew the license and a request to appoint a new responsible pharmacist for this branch, following the termination of the position of the previous responsible pharmacist. On September 6, 2023, the District Pharmacist received the decision to reject the request for the appointment of the pharmacist in charge, and on September 13, 2023, she received her notice regarding the termination of the position of the pharmacist in charge. Against the background of these two notices, on September 14, 2023, a notice was sent to Petitioner 3 regarding the suspension of the business license of the branch in Kiryat Ata. On the same day, Petitioner 3 announced that it had ceased its activity and that it would provide the details of the new responsible pharmacist for his approval, but in practice did not send anything. The license expired on October 6, 2023, and only on December 11, 2023, did Petitioner 3 apply to the Employment License. In her letter, it was stated that the branch had a stock of cannabis that had been transferred to the management of the pharmacist in charge.
On December 12, 2023, the ICRC replied to Petitioner 3 that her license expired on October 6, 2023. Since, according to the licensing guidelines, an application for the renewal of a license must be submitted at least sixty days before its expiration, and since the special guidelines set in light of the Iron Sword War do not apply in the circumstances under discussion, the license cannot be renewed. Therefore, it was clarified that Petitioner 3 must submit a new application for a license.
- On December 24, 2023, Petitioner 3's request for a dealer code and initial approval was submitted. The application was transferred to the District Pharmacy for review, and when no decision was made, the petitioner filed another petition, which was ultimately deleted. A request was submitted for a dealer's code and an initial approval that the Attorney General forwarded to the District Pharmacy to check if there was invalid information. Due to the lack of a decision on the said application, Petitioner 3 filed a petition, which was ultimately rejected on July 1, 2024, in view of the hearing proceedings that took place, as will now be described (Administrative Petition (Jerusalem) 16013-03-24, the Honorable Judge A. Abarbanel).
- The Hearing Procedure
- On April 7, 2024, the petitioner was sent an invitation to a written hearing, prior to making decisions regarding the cancellation of the license of the second petitioner (Tiberias branch), regarding the applications for initial approval to operate in two additional pharmacies and regarding the disqualification of the petitioner from practicing in the field of cannabis. The order detailed the findings of the audit conducted and stated that the pharmacies "They are being conducted in an unprofessional manner and in contravention of the provisions of the law and the procedures of the Ministry of Health. This systematic conduct is the direct responsibility of Mr. Algali as the owner of the chain. It is also possible to learn about the deficiencies that arise specifically from Mr. Algali's conduct as the owner and CEO of the chain. All of these deficiencies raise serious concerns about the ability of the Ministry of Health to trust Mr. Algali in dealing with the dangerous cannabis-type drug." (ibid., paragraph 7).
The invitation to the hearing is comprehensive and detailed, in the framework of which extensive details were brought of the findings, the main points of which will be detailed below, and in respect of which the petitioners' response was requested.