Cannabis Companies Sue Massachusetts Governor Over Halt In Dispensary Operations

Several adult-use cannabis companies are clapping back at Massachusetts Gov. Charlie Baker after his recent executive order that demanded that recreational marijuana stores close their doors as part of a stay-at-home advisory in response to the coronavirus pandemic.

CommCan Inc., The Green Lady Dispensary Inc., Ascend Mass LLC, MassGrow LLC and Slang Inc. filed a joint lawsuit against Baker on Wednesday, calling the recent resolution to shut recreational cannabis stores unconstitutional.

“By classifying adult-use marijuana establishments as nonessential, while classifying similar regulated businesses – such as liquor stores and medical marijuana dispensaries – as essential, the Executive Orders violate the constitutional rights of the plaintiffs and exceed the Governor’s executive authority,” the lawsuit said. 

Stephen Mandile, an Iraq War veteran who has promoted the use of marijuana as a way of getting off prescription drugs, is also a plaintiff. 

According to legal documents posted by MJBizDaily, the executive order has forced 43 licensed recreational use marijuana retailers and many more growing and production facilities to halt their operations.

The companies produce $13 million in weekly gross sales and have a staff of around 8,000 people.

The suit also questions the governor’s reason for deeming adult-use cannabis stores as non-essential.

Baker said he feared that many residents from bordering states would come to shop for cannabis in Massachusetts, which could potentially result in more coronavirus cases.

“The plaintiffs are not aware of any reasons offered by the Governor for not simply requiring adult-use marijuana establishments to limit their sales to Massachusetts residents alone, other than his concern that this might not be legal,” according to the lawsuit.