New Lawsuit Challenges Adult-Use Ordinance in Detroit

A lawsuit filed Sept. 28 in the U.S. District Court for the Eastern District of Michigan alleges that the city’s adult-use marijuana ordinance is unfair to longtime city residents. The lawsuit is from Plaintiff Arden Kassab and his PharmaCo, which owns multiple medical cannabis dispensaries in Detroit.

of June 2021, the lawsuit concluded with an opinion from U.S. District Judge Bernard Friedman that the process of obtaining an adult-use cannabis license for the City of Detroit was “unconstitutional,” and “unfair, unreasonable, and unfair to long-term Detroit residents. It probably gives an unconstitutional advantage.” All other applicants. A recent lawsuit alleges that “…Detroit essentially rebranded a ‘legacy’ program as a ‘social equity’ program.”

As a result of that incident, the processing of recreational cannabis applications was delayed, and the city revised its regulations later that year in November 2021.

But the latest lawsuit argues that the revised ordinance does not solve the problem. “Detroit claims its new cannabis ordinance cures constitutional flaws discovered by Judge Friedman, but … (the ordinance) remains ‘far more protectionist than fair,’” it said. The new lawsuit cites Judge Friedman’s original statement. 2021.

according to detroit free press, an example was provided to illustrate the issue of the Ordinance in its current form. The plaintiff, Arden Kassab, has lived “for many years” in Pontiac, an area adversely affected by the war on drugs, and has also been convicted of cannabis. However, Kasab no longer lives in Pontiac and is ineligible under current rules.

Similarly, plaintiff PharmaCo (a subsidiary of Red White & Bloom) is currently unable to obtain a recreational license. detroit free press state.

The amended ordinance would allow for licenses reserved for “equity applicants,” such as those currently living in the city, as well as those living in certain areas of Michigan where marijuana convictions are higher. set aside half. % of the population lives below the poverty line, according to federal standards. Previously, the ordinance reserved half of the licenses for “legacy Detroit,” that is, people who had resided in Detroit for a specified period of time.

Michigan legalized recreational cannabis in November 2018, but the city of Detroit did not approve adult sales until November 2020. The first lawsuit he filed less than a year later in June, followed by a revised release in November 2021. The ordinance has entered into force. In April 2022, but he said in May, a new lawsuit (from House of Dank) was filed to address concerns about conflicts with state law. Another lawsuit (from JARS Cannabis) arrived in June alleging that the ordinance violated state law.

By August, both lawsuits had been dismissed. On August 30, Wayne County Judge Leslie Kim Smith wrote an opinion that the ordinance was fair. “The City’s 2022 Marijuana Ordinance is a complex scheme, but it is clear and provides a fair licensing process that complies with MRTMA mandates,” he said. [Michigan Regulation and Taxation of Marihuana Act]’” Smith wrote.

Applications for adult licenses will open on September 1, 2022 and end on October 8, 2022. Detroit Mayor Mike Duggan expressed his confidence in the ordinance in his statement. He “makes sure there is fairness in this process for the people of Detroit.”

Similarly, City Council Speaker Pro Tem James Tate told CBS News Detroit: Early September The process was slow, but the ordinance is fair. “Getting to this point has been an overly protracted process, dating back to his 2020, when the first ordinance was unanimously approved by the Detroit City Council.” Tate said“Now, with lawsuits trying to overturn our ordinance behind us and a failed ballot initiative, Detroit and other equity applicants have made Detroit a welcome city to participate in multi-million dollar projects.” and will have a fair chance to compete for adult licenses in the adult cannabis industry.”

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