Caselaw

Administrative Petition (Jerusalem) 36070-08-24 Maor Algali v. Director General of the Ministry of Health - part 8

November 24, 2024
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The findings that were transmitted from the district pharmacies included, among other things, the following audit findings, dated March 30, 2023 at the Tiberias branch (paragraph 4.a): Documentation of cannabis dispensing in the name of a pharmacist who was not present; dispensing cannabis in the name of non-pharmacist issuers that were not even included in the appendix of the license; non-pharmacist employees documenting the prescriptions and discrepancies between the prescription system and the prescription book; dispensing cannabis products in the name of the same pharmacist was documented in two remote pharmacies and at close and unreasonable time intervals; refusal and delay of the inspection until the arrival of the pharmacist the petitioner and his participation while interrupting him; In the warehouse, prohibited tools were found, such as bangs, which the petitioner claimed were intended to serve as an aquarium for fish, without presentation notes; The petitioner prevented the pharmacist in charge from approving the audit report and signing it, as is customary; In contravention of the law and the guidelines, cannabis was advertised through the social network 'Facebook' on an account in the petitioner's name.

With regard to the operation of the pharmacy without a lawfully approved pharmacist and the matter and violations in the Tiberias branch, the following findings were detailed (paragraph 4.b): The petitioner and the Tiberias branch continued to operate after the resignation of the responsible pharmacist on July 7, 2023.  As stated in the decision of August 11, 2023, which rejected the petitioner's request for an interim order (Administrative Petition (Jerusalem) 5114-08-23), "...  The petitioners took the law into their own hands from July 21, 2023 until July 31, 2023, when they engaged in the sale of medical cannabis in clear contravention of the respondent's decision of July 20, 2023...  They operated the distancing house in the absence of an approved responsible pharmacist in violation of the provisions of the law and even continued to sell medical cannabis in violation of his decision...  The lack of cleanliness and the lack of legality involved, in and of themselves, justify the rejection of the application for an interim order in limine."

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