In an unforeseen twist, an Arkansas judge stalls permit process for growing medical marijuana in that state, pending a lawsuit by unsuccessful applicants. Pulaski County Circuit Judge Wendell Griffen directed state officials not to issue licenses to the applicants they have already selected. Regulators with the Arkansas Medical Marijuana Commission had planned to issue those licenses today.
Was The Process Unfair?
The commission announced which applications to cultivate medical marijuana in the state they approved late last month. At least two companies with unsuccessful bids subsequently filed lawsuits on Tuesday alleging the selection process was unfair.
Naturalis Health LLC Health LLC and Delta Cannabinoid Corp. are the plaintiffs in the cases. They included in the suits a request that the judge issue a temporary restraining order to stop the commission from granting the licenses.
The judge sees merit in the plaintiff’s arguments, according to reports in local media.
While announcing his order today, he said that Naturalis Health “asserts facts showing a substantial likelihood of success on the merits regarding violations of the Administrative Procedure Act, due process, and equal protection.”
Plaintiffs Don’t Trust The System
The lawsuit from Naturalis Health is 19 pages long, Arkansas Online reports. In the suit, the company states that they have no faith in the permitting process.
“Defendants have caused a complete distrust in the newly implemented medical marijuana industry, approved by Arkansas voters, to serve the medicinal needs of qualifying Arkansans.”
The lawsuit also called on Judge Griffin to act quickly.
“Arkansas is the first state in the south to legalize medicinal marijuana. The State has an obligation not only to plaintiff but to its citizens, to get this right. The State has a limited window