PROVIDENCE – A federal judge on Thursday dismissed two civil lawsuits challenging the constitutionality of the state's legal cannabis law that were brought against the Cannabis Control Commission and its chairperson, Kimberly Ahern.
The separate orders issued by U.S. District Court Judge Melissa DuBose said that the lawsuits were not “ripe for judicial review" – meaning that both plaintiffs lacked standing because the state’s final rules governing the state’s adult-use cannabis industry had not yet been finalized.
State law allows the commission to grant 24 new retail recreational licenses, half of which are reserved for social-equity licenses and worker-owned cooperatives. There is also a provision mandating that all dispensaries be at least 51% owned by a Rhode Island resident.
The decision states that the lawsuits were brought prematurely, and said the court "cannot and will not speculate as to when the proposed rules and regulations will be promulgated or when the application period for retail cannabis licenses will open.”
In May, California attorney Jeffrey Jensen and his wife and plaintiff Justyna sued the commission arguing the social equity provisions and the ownership requirements violated the Dormant Commerce Clause of the U.S. Constitution and ran afoul of the Equal Protection Clause protecting against discrimination based on factors such as race and religion.
The Jensens sought a preliminary injunction against the issuance of new dispensary licenses in Rhode Island. They did not immediately respond to a request for comment.
In June, Florida resident John Kenney filed a similar suit challenging the residency and ownership requirements.
Reached for comment Friday, Kenney's attorney Aaron L. Weisman vowed to appeal the decision, if only to “to preserve the issue.”
Weiseman remained confident their legal argument was sound, and hinted at the possibility of bringing another suit when the rules and regulations do go into effect because the issue “won’t be unripe.”
“Even if the rules were out today that doesn't affect our legal argument," he said.
Coincidentally, the commission released its draft rules and regulations governing the state’s adult-use cannabis industry on Jan. 8, starting the minimum 30-day public comment period which runs through Friday at midnight.
While it remains unclear when the rules will be finalized, Under the R.I. Administrative Procedures Act, following the public comment period state agencies have another 180 days to file the rules and regulations with the Secretary of State for final review.
Responding to the lawsuit's dismissal, spokesperson Charon Rose on Friday said the commission was "pleased with the court’s orders and remains focused on building a strong and responsible cannabis regulatory framework for Rhode Island.”
Christopher Allen is a PBN staff writer. You may contact him at Allen@PBN.com.
