Broken Arrow To Appeal Injunction On City Medical Marijuana Ordinances, Mayor Says

Tuesday, October 2nd 2018, 10:46 pm
By: Amy Avery

The Broken Arrow City Council is discussing the medical marijuana lawsuit filed against the city over new ordinances passed at their last meeting.

The lawsuit is the first in the state over local medical marijuana regulations.

Nothing was decided after the executive session on Tuesday, but the mayor of Broken Arrow said on Friday that they do plan to appeal the injunction that blocks them from enforcing fees and restrictions on medical marijuana.

However, this isn’t stopping local businesses from fighting back.

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

“I stroked out on my right side,” said Austin Miller from Cloudi Mornings.  “My right leg didn’t work.  My right hand didn’t work.  The right side of my face didn’t work.”

Miller says he was involved in a motocross accident a couple of years ago and eventually started using CBD products to get over his injury.

“I no longer take neurologist prescribed medication,” he said.  “I only take a CBD extract and it helps with the tremors that I have left over from the traumatic brain injury.”

Miller leased a facility to grow medical marijuana in a Broken Arrow industrial park, but city councilors are now saying it isn’t in the correct zone.

“When I applied, I applied for this location specifically and my license was actually mailed to this mailbox,” he said.

Miller and his attorney, Ron Durbin, recently sued the City of Broken Arrow after it passed new ordinances.  Then, on Friday, Judge Pickrell granted an injunction blocking the city from enforcing fees and restrictions on grow facilities.

9/28/2018 Related Story:  Judge Grants Injunction In Medical Marijuana Lawsuit Against Broken Arrow

“In addition to not being able to require permits, they’re not able to require the enforcement of the zoning changes that they made,” said Durbin.  “Anything that applies to medical marijuana has been halted.”

Miller says he has been preparing to open his facility for months and hopes that the Broken Arrow City Council will change its mind on zoning ordinances.

“I’ve put in a lot of work as far as hanging the lights, and getting things prepared and ready, and getting everything going,” said Miller.  “It would be devastating to me to have to move now.”

Durbin says he hopes that, ultimately, a special session will be called so that the state can have a unified set of restrictions for cities, so they don’t have to make their own rules.