Menominee Judge Rules for City in Dispensary License Dispute, Moving Marijuana Litigation Saga Forward

Menominee, MI — A local court’s decision marks a pivotal moment in Menominee’s ongoing dispute over the regulation of its cannabis industry. Earlier this month, the Menominee Circuit Court, led by Judge Mary Barglind, sided with the city in a legal battle concerning the number of licensed marijuana dispensaries permitted to operate.

This ruling addresses the complaints put forth by Rize and The Fire Station, two local dispensaries. These companies initiated a lawsuit against the city in May 2023, after Menominee officials decided to amend their marijuana ordinance to allow more than two dispensaries, a move the businesses labeled as part of a “civil conspiracy.”

Echoing the sentiment of urgency to move beyond the legal tangles, Menominee City Mayor Casey Hoffman emphasized the necessity of fair treatment for all cannabis enterprises to prevent further lawsuits. Despite his initial opposition to the introduction of marijuana businesses in Menominee, Hoffman acknowledges the reality of their presence and the need for a balanced approach.

The legal representative for Rize, Attorney Mike Cox, has expressed his intent to challenge the recent court decision via an appeal, signaling that the legal conflict is far from over.

In a related development, a controversial proposal that would have required cannabis dispensaries to be located at least 1,000 feet from residential areas was narrowly defeated last week in the city council. The deadlock in the council vote was broken by Mayor Hoffman, who argued that the amendment would have effectively shut down all existing dispensaries in the area. Such a zoning change, he cautioned, would render every cannabis business non-compliant.

Adding to the series of legal maneuverings, another cannabis operator, Medfarms, had prepared to sue the city last July. However, following the city council’s decision to reject the restrictive zoning proposal, Medfarms’ Project Manager Shawn Dabish announced the company would stand down on its legal threats. Dabish expressed satisfaction with the city’s commitment to maintaining a competitive market for cannabis businesses.

Menominee’s handling of its marijuana policy has financial implications as well. The city received $295,000 in state tax revenue last year owing to the operation of five licensed cannabis dispensaries.

Efforts to contact council members who supported the now-defeated zoning amendment were unsuccessful.

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