Judge extends order preventing Detroit from taking certain pot requests
A temporary restraining order preventing the city of Detroit from accepting applications for limited recreational marijuana licenses was extended Friday by a Wayne County Circuit Court judge.
Judge Leslie Kim Smith granted a motion for a temporary restraining order late last month, delaying city plans to begin accepting applications for retail, consumer salon and micro-business licenses cannabis on August 1.
On Friday, Smith heard two hours of oral argument from attorneys representing JARS Cannabis and the City of Detroit. The cannabis company, which owns two medical marijuana dispensaries in Detroit, filed a lawsuit in June asking the court to block Detroit from moving forward with its order.
Christine Constantino, the attorney representing JARS Cannabis, argued that Detroit’s second trial order is similar to the city’s first trial order, which reserved at least half of the limited licenses for the long-running Detroiters. date. A federal judge called the order “likely unconstitutional.”
Constantino argued that this second order still gives preference to Detroit residents and does not provide for a competitive application process, in violation of state law.
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Meanwhile, Eric Gaabo, a city attorney, argued that state law leaves it up to municipalities to determine how they will structure their ordinance, and said the ordinance is legal, although the complainants may think it is unfair.
Smith said she would prepare a written notice within a week to 10 days.
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