Circuit Court Halts the Permitting Process for MMJ Cultivators in Arkansas

March 15, 2018, Arkansas

In an unexpected turn of events, Circuit Judge in Arkansas has frozen the issuance of growing permits to medical cannabis cultivators in the state. A lawsuit was filed by the MMJ growing companies, which remained unsuccessful in securing the permit, terming the entire process a farce. Two MMJ growing companies, Delta Cannabinoid and Naturalis Health, filed the lawsuit demanding the court to issue restraining order just before the announcement of successful applicants.

Circuit Judge Wendell Griffin has been convinced by the arguments made by the companies that filed the lawsuit. In his judgment, the honorable judge mentions that there are significant chances of violation of merit in awarding those cultivating permits.

A several pages long lawsuit filed by Naturalis Health states complete lack of faith on the permitting process. The lawsuit blames Arkansas Medical Marijuana Commission of making it suspicious and asks the court to hold up.

Circuit Judge Wendell Griffin – Image powered by Katv.com

Lawsuit also reminds the state of it’s responsibly to ensure the authenticity of the process, not just for the sake of growers, but for the residents as well who also gets affected by such indiscretions. The lawsuit also mentions a conflict of interest regarding a member of the commission who is in close professional and personal contact with a company that has been awarded the permit.

For now, only confusion is prevailing because the commission is not sure how to proceed. They had planned to issue these MMJ growing permits on Wednesday. However, law experts think that the lawsuit most certainly won’t prevail because plaintiffs have named the state as defendant.

Alex gray is an experienced Arkansas-based attorney who filed a lawsuit on the behalf of growers in the past. He is currently working with a cannabis advocate group Arkansas Medical Marijuana Association. He has made an important point whether the lawsuit will prevail or not. He has mentioned that the Arkansas Supreme Court has ruled earlier this year that the state institutions can’t be sued in the courts located in the jurisdiction of the state. He is of the thought that the lawsuit might not prevail because of the sovereign immunity enjoyed by the state.

Arkansas Medical Marijuana Association – Image powered by Facebook.com

Meanwhile, state regulators are unsure whether the commission will move forward with issuing the license. According to Spokesperson of the state’s Department of Finance and Administration, legal counsel of the department is reviewing the situation and soon they will announce their plan of action. On the other hand, Judge Griffin has scheduled a hearing on the issue of permit discrepancies for Friday.

It’s worth mentioning that Arkansas is one of the first states in the South to legalize medical marijuana. However, in this legal fight between regulators and MMJ businesses, patients ultimately have to bear the brunt. A delay in permitting growers will eventually affect the supply of MMJ medications in the state. It will disrupt the equation of supply and demand, which will culminate into inflated prices of cannabis medications.

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