Arkansas legalized medical marijuana in 2016, but not much has happened since then. Though the state has issued over 5,000 medical marijuana licenses, authorities have been slow to approve dispensaries and growers. In February, the state finally issued 5 marijuana grower licenses but was soon after taken to court by a failed applicant. The Arkansas Supreme Court is now reviewing the case that’s stopping cannabis growers from moving forward.
The State Issued Few Marijuana Grow Licenses
The licensing process was expensive, not to mention competitive. To even be in the running, potential Arkansas growers paid the Arkansas Medical Marijuana Commission $15,000 per application. In total, 95 businesses submitted applications, but only 5 received state approval. These 5 had to pay $100,000 on top of the application fee to proceed with the process.
Not everyone was pleased with Commission’s final decisions. Naturalis Health LLC, whose application the commission rejected, took the Arkansas Medical Marijuana Commission to court. Judge Wendell Griffen presided over the case and ruled in Naturalis Health’s favor.
When Judge Griffen issued an injunction against the five licensed businesses, the entire licensing program came to a halt. The judge’s decision rendered the licenses “null and void,” at least for the time being,
Was Arkansas’ Review Process Unconstitutional?
Judge Wendell ruled that it was. He explained that the review process “created the appearance of bias in violation of due process of law.”
The Judge took issue with several aspects of this process. In certain cases, the commission issued licenses to applicants with whom they had a preexisting relationship. Additionally, the board did not research applicants’ taxation histories or enforce a minimum distance from schools and churches.
The Arkansas Supreme Court Is Reviewing This Case
Arkansas appealed Judge