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Marijuana Cultivation Licenses Thrown Out by Arkansas Judge



A judge has thrown out the decisions made by Arkansas’ Medical Marijuana Commission, declaring its cultivation licenses “null and void.”

Circuit Judge Wendell Griffen issued his judgment Wednesday morning.

The commission had picked five locations for legal cultivation centers last month. One, Osage Creek Cultivation was in Carroll County. River Valley Relief in Fort Smith was selected as a top alternate.

Judge Griffen’s decision found the commission disregarded rules in Arkansas’ medical marijuana amendment by failing to verify cultivation centers’ distances from schools, churches and daycares. It also found the commission violated its own rule by not evaluating whether people on the license applications have been affiliated with “entities whose corporate status has been revoked for failure to pay franchise taxes.”

It further found that financial relationships between two members of the commission and two people with ownership interests in cultivation centers “created the appearance of bias in violation of due process of law.”

The judge’s decision also found that the commission didn’t allow hearings for applicants who were denied or for public comment.

“To put it bluntly, the Medical Marijuana Commission and Alcoholic Beverage Control Division have proceeded in a manner that defies due process and the rule of law, rather than in a manner that respects it,” Judge Griffen wrote.

Scott Hardin with Arkansas’ Department of Finance and Adiminstration, sent 40/29 this statement:

“We respect Judge Griffen’s decision and must refer any questions regarding this matter to the Attorney General’s Office, our legal representation in this matter. “

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