Judge Rules Against BA In Medical Marijuana Business Regulations Battle

Thursday, October 18th 2018, 6:29 pm
By: Dee Duren

A Tulsa County judge says the City of Broken Arrow can't adopt regulations limiting medical marijuana business activities in their city limits that are authorized by the state's Medical Marijuana Act. 

Judge Patrick Pickerill ruled in support of businessman Austin Miller and Cloudi Mornings, LLC. 

Miller and his attorney Ron Durbin sued the city after it passed ordinances establishing fees and restrictions for retail and wholesale medical marijuana businesses, growing facilities and storage facilities that Miller said would destroy his business before it started.

9/25/2018 Related Story: Fees, Restrictions To BA Medical Marijuana Businesses Illegal, Attorney Says

The court ruled that Oklahoma cities are not allowed to adopt regulations, zoning laws, fees or other restrictions authorized under terms of Oklahoma's Medical Marijuana Act approved by voters. 

The ruling notes that the issue is one of statewide concern that would benefit from final resolution by Oklahoma's Supreme Court.

The City of Tulsa considered placing a 90-day moratorium on medical marijuana businesses as it discussed zoning requirements but delayed making that decision in a September council meeting.

9/26/2018 Related Story: Tulsa City Council To Consider Moratorium On Marijuana Growing Permits