The Lawton Constitution experiences… A Tulsa law agency has filed a category motion lawsuit towards the Oklahoma Medical Marijuana Authority for rejecting license renewals of medical marijuana dispensaries due to changes in state law made after the entities have been licensed.

While the go well with filed in Oklahoma County District Court lists three entities, the agency stated its class motion petition is critical due to the potential impact on medical marijuana companies throughout the state that now not match full compliance with state law (though they did when initially licensed in 2018) as a result of their house owners haven’t been Oklahoma residents for 2 years or as a result of the definition of academic amenities and the tactic of measuring distances has modified.

Ronald Durbin, an legal professional with Viridian Legal Services, stated as a result of the State Legislature didn’t act this 12 months to amend changes made final 12 months to a law created in 2018, the Oklahoma Medical Marijuana Authority (OMMA) “was forced to begin denying license renewals to hundreds of existing medical marijuana businesses” as a result of house owners or their enterprise areas now not match state law. The Oklahoma State Department of Health gave management of implementing such entities and their licensing necessities to OMMA.

Durbin, in a written assertion, stated attorneys have begun speaking to state officers and imagine the difficulty could be resolved amicably.

The class motion lawsuit, filed on behalf of Genesis Canna-Farms LLP, KC’s Cannabis LLC and Teresa Bilyeu Inc., facilities on provisions that didn’t exist when the three entities have been licensed in 2018 and, as such, mustn’t apply to companies which might be merely making an attempt to resume present licenses, the go well with argues. Attorneys estimate at the least 250 companies could be impacted by the changes in residency and school-related necessities.

Regulations crafted in 2018 specified enterprise license candidates should present that members, managers and board members are Oklahoma residents, however didn’t specify a size of time for residency (solely that house owners have been residents on the time of utility). The law additionally specified that in relation to medical marijuana dispensaries, retail companies have been prohibited inside 1,000 toes from any public or personal faculty entrance.

Amendments handed in 2019 embrace a provision that each one candidates present proof of residency in Oklahoma for at the least two years continuing the appliance date. The drawback, in accordance with the lawsuit, is that many individuals moved their households to Oklahoma and obtained enterprise licenses to function dispensaries beneath 2018 provisions, together with Genesis Canna-Farms LLP. Those house owners can’t renew their license as a result of they don’t meet the two-year residency provision, which is why Genesis Canna-Farms’ enterprise license renewal was rejected by the OMMA.

The go well with argues these house owners shouldn’t be denied renewal as a result of the two-year residency requirement didn’t exist once they moved to Oklahoma, and that the U.S. Supreme Court has “commonly struck down length of residency requirements.”

The Legislature additionally amended the definition of college to incorporate a public or personal preschool or a public or personal elementary or secondary faculty used for varsity courses and instruction, however neither it nor state law defines preschool, the lawsuit states.

Provisions additionally have been modified to specify {that a} medical marijuana dispensary will not be inside 1,000 toes of any public or personal faculty entrance, which OMMA defines as any opening, resembling a door, passage or gate that permits entry to any faculty, together with buildings, amenities or different indoor and out of doors properties.

The go well with states the 2019 modification and OMMA laws modified the definition of entrance so dramatically that licensed dispensaries which have been greater than 1,000 toes from a college beneath 2018 definitions are lower than 1,000 toes beneath 2019 definitions. The addition of undefined preschools, not thought of faculties in 2018, “has left hundreds if not thousands of previously compliant dispensary business owners subject to non-renewal through no fault of the owners,” the lawsuit states.

KC’s Cannabis LLC was granted a license in September 2018, however OMMA sought to revoke its license in December 2019. While the enterprise is sort of 2,000 toes away from a college constructing, it’s inside 1,000 toes of the doorway to a softball area dugout, an “entrance” beneath OMMA definitions. Teresa Bilyeu Inc. would lose its license as a result of it’s inside 1,000 toes of a HeadStart facility, now labeled as a preschool (it was not in 2018).

The lawsuit is searching for judgment declaring that each one dispensary companies already holding licenses from the OMMA won’t have their licenses revoked or be denied renewal on the idea of the residency or faculty provisions.

Source link