On Wednesday, a judge halted medical marijuana in Arkansas with a legal injunction, just hours before marijuana growing permits were supposed to be handed out.
The top five scoring marijuana cultivation applicants planned to receive their license at a Medical Marijuana Commission meeting Wednesday evening. Pulaski County Circuit Judge Wendell Griffen halted the issuance of licenses after the lawsuit was filed a day earlier.
A marijuana cultivation applicant who was unsuccessful in earning a license is suing the commission claiming the applications weren't scored fairly.
"It shocks the conscience to look to the evidence and see how inconsistent these applications were scored," said Jay Bequette, attorney for Naturalis Health, LLC.
Naturalis Health LLC claims the commission failed to follow its own rules.
“The evidence we’ve gathered indicate there were manners of inconsistencies, failure to follow their own rules, and it resulted in a process that wasn’t fair for the applicants themselves and ultimately the patients,” said Bequette.
Griffen answered the call to halt the issuance of licenses after claims the selection process was flawed and biased, with conflicts of interest.
“There were some inherent conflicts of interest, personal relationships between commission members and applicants,” said Bequette.
The lawsuit claims successful applicants either failed to complete residency requirements, had Arkansas tax liabilities, or failed to choose a location that was 3,000 feet from a school, church or daycare.
"I’m not sure whether or not it’s true, it’s certainly allegations,” said Arkansas Medical Marijuana Association attorney, Alex Gray.
Gray believes the suit will be challenging since the state has sovereign immunity, meaning it can’t be sued.
“Based on recent precedent, it’s my understanding and my belief that this lawsuit will eventually be dismissed and it will be unsuccessful," said Gray.
The three defendants in the case are the Medical Marijuana Commission, the Arkansas Alcoholic Beverage Control Division, and the Arkansas Department of Finance and Administration.
“We're hoping all these scores and applicants are going to be invalidated," said Bequette.
Griffen scheduled a preliminary injunction hearing for Friday morning.