Medical Marijuana

Arkansas Supreme Court appeal just another step in a long, long process

In March, a Little Rock judge threw out the process used by the state to award five cultivation facility licenses under the 2016 voter-approved constitutional amendment legalizing medical marijuana.

Pulaski County Circuit Judge Wendell Griffen sided with a company that had been denied a license in a lawsuit claiming the process was unconstitutional and that there was a potential conflict of interest by two members of the state Medical Marijuana Commission. That meant another delay in the already slow process of implementing the new law. And since cultivation licensing was up in the air, the commission decided to table licensing for dispensaries as well.

A month later in denying the request to lift his injunction, Griffen said he hoped his ruling would prompt the commission to get to work and come up with a fair and acceptable process for screening applicants and awarding licenses. He also said he saw his ruling more as a mandate and, based on precedent, didn’t think it would be appealable at that point. He added that the state could not claim the commission had “sovereign immunity”—a doctrine that would shield it from legal action—because the original lawsuit alleged illegal activity.

He was wrong on both counts.

The state of Arkansas did appeal and did say the commission enjoyed sovereign immunity.

On Monday, the Arkansas Supreme Court agreed to take the appeal. Arguments will be heard June 7.

That has some hopeful the long process toward medical marijuana cultivation and sales may actually begin sometime soon.

Here’s some free advice: Don’t hold your breath.

We don’t know what the state’s highest court will rule. We are pretty sure the losing side won’t be happy, and that could easily mean more appeals. Then there are the companies already awarded cultivation licenses. They aren’t going to sit by and watch those tickets to green gold just be taken away.

Plus, there are the other failed applicants in the licensing process not already pursuing legal action who might want another chance.

Stay tuned. There is still a long way to go before this is over.