Stay ordered in medical marijuana lawsuit

Image
  • OMMA
Body

Through a filing in the latest lawsuit regarding medical marijuana, the State of Oklahoma will not enforce portions of House Bill 2612, as a judge ruled for a stay in the case.

Parties involved in the lawsuit signed off on the order Monday.

In June Attorneys for Genesis Canna-Farms, LLP, KC’s Cannabis, LLC, and Teresa Bilyeu, Inc., individually have filed a lawsuit against the Oklahoma Medical Marijuana Authority (OMMA) and the Oklahoma State Department of Health (OSDH), regarding renewal fees against medical marijuana.

Monday an agreement was reached between parties regarding the enforcement of HB 2612.

The agreement reads, “The OMMA, by and through the OSDH, will not consider the 2-year residency requirement when evaluating all business license renewal applications, if such licensee applied for licensure prior to August 29, 2019. Nothing herein shall be considered as altering or otherwise impacting the requirement in HB 2612 that at least 75 percent of medical marijuana business owners be current residents of the State of Oklahoma or any other requirement for license renewal.”

The second stipulation reads, “The OMMA, by and through the OSDH, shall rescind and reconsider all license renewal rejections for license applications before August 29, 2019, if such rejection was based, in whole or in part, on the basis the owners of the business are not 2-year residents of the State of Oklahoma.”

The third stipulation reads, “The department will not consider the 1,000-foot rule in reviewing applications, renewals or transfers, if such applicant originally applied for licensure before August 29, 2019.”

The fourth stipulation reads, “the OMMA, by an through the OSDH, shall rescind and reconsider all license renewal rejections for license applications before August 29, 2019, in conformity with this stipulation if such rejection was bases, in whole or in part, on the medical marijuana dispensary location being within 1,000 feet of a school and/or preschool.”

The fifth stipulation reads, “The agreement shall encompass current investigations and pending administrative disciplinary actions.”

The sixth stipulation reads, “Defendant makes no admission concerning the merits of plaintiffs’ claims, does not concede plaintiffs are likely to succeed on merits, does not concede class action is proper and maintains plaintiffs are not entitled to the final relief requested in their petition.”

The plaintiffs challenged two provisions of Oklahoma law governing the medical marijuana industry: the 2-year durational residency requirement for ownership of a medical marijuana business; and the prohibition on a medical marijuana dispensary from operating within 1,000 feet of a school or preschool.

HB 2612 became law August 29, 2019.

That bill required, “all applicants shall provide proof of Oklahoma residency for at 2 years immediately preceding the date of application.”

The bill also added a definition of what constitutes a school by more broadly defining a school to include “a public or private preschool.”