Losing competitors sue over marijuana cultivation permits

Losing competitors sue over marijuana cultivation permits



The first lawsuit was filed Tuesday over the state Medical Marijuana Commission’s scoring of the top five applicants for cultivation permits under the new medical marijuana law.

The suit was filed by Naturalis Health,  which finished 38th in the scoring, with an application to be in Little Rock.  It asks for an injunction against award of the permits. The suit was assigned to Circuit Judge Wendell Griffen. Defendants are the state Finance and Administration Department, Alcoholic Beverage Control Division and Marijuana Commission. One question is whether the state will raise a sovereign immunity argument against the lawsuit. Gov. Asa Hutchinson seemingly will make the decision. He’s instructed executive agencies not to use the defense without his permission. A judge conceivably could raise the issue on his own.