Judge extends order preventing Detroit from taking applications for limited pot licenses
A temporary restraining order preventing the city of Detroit from accepting applications for limited recreational marijuana licenses was extended by a Wayne County Circuit Court judge Friday.
Judge Leslie Kim Smith granted a motion for a temporary restraining order at the end of last month, delaying the city’s plans to begin accepting applications for the retail, consumption lounge and microbusiness cannabis licenses on Aug 1.
On Friday, Smith heard two hours of oral arguments from attorneys representing JARS Cannabis and the city of Detroit. The cannabis company, which has two medical marijuana dispensaries in Detroit, filed a lawsuit in June asking the court to stop Detroit from moving forward with its ordinance.
Christine Constantino, the attorney representing JARS Cannabis, argued Detroit's second attempt at an ordinance is similar to the city's first try ordinance, which set aside at least half of the limited licenses for longtime Detroiters. A federal judge called that ordinance "likely unconstitutional."
Constantino argued that this second ordinance still gives preference to Detroit residents, and doesn't provide a competitive application process, violating state law.
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Meanwhile, Eric Gaabo, an attorney for the city, argued that state law leaves it up to municipalities to figure out how they're going to structure their ordinance, and said the ordinance is legal, although the plaintiffs may feel it's unfair.
Smith said she'll prepare a written opinion within a week to 10 days.
Contact Adrienne Roberts: amroberts@freepress.com.
This article originally appeared on Detroit Free Press: Judge extends order blocking Detroit from taking some pot applications
