Detroit’s legacy residency rule for new pot shops faces lawsuit questioning it’s legality
DETROIT (FOX 2) – – Some call it a buzzkill for Detroiters pushing for justice in the city’s marijuana industry. A federal judge issued an injunction preventing the city from processing requests for recreational marijuana deals.
Hundreds of applicants are now pending, including business owner Enid Parham.
Detroit Pot Shop Filings On Hold As Lawsuit Matters Legacy Residency Requirement Filed
Some call it a buzzkill for Detroiters pushing for justice in the city’s marijuana industry. A federal judge issued an injunction preventing the city from processing requests for recreational marijuana deals.
“Michigan has some of the best cannabis,” she said. “Detroit has some of the best cannabis products and it is unfair for us to be put on hold to enter this market.”
It’s about Detroit’s “Legacy” ordinance, which sees longtime Detroiters and those affected by the war on drug preferential treatment in the application process. This led to a lawsuit against the city. The plaintiff argued that the regulation was unconstitutional and discriminatory.
FOX 2: “Do you feel like you’re seeing this coming?”
“Yes, I’m afraid I did. The constitution makes it clear that as Americans we can move into any state and open up and do business,” he said. “There was a recent US Supreme Court case in Tennesee attempting to have a residence requirement that the US Supreme Court removed,” said Thomas Lavine, Cannabis Counsel.
Lavigne helped create the language for the 2018 marijuana nomination.
“We have advised that people disproportionately affected by the war on drugs should be supported by these acts,” he said. “We want that to happen. But this ‘Legacy Detroit’ was inoperable because it was focused on the residence here in Detroit.”
Detroit City attorney Lawrence Garcia released a statement in which he said:
“The adult license application process is on hold by court order. The city’s Civil Rights, Inclusion and Opportunity (CIRO) office will be reaching out to certified Detroiters to provide general advice and assistance during the pending litigation.”
“We were kind of left out from the start, you know what I’m saying,” said Parham. “And from the start, they never really gave credit to those they charged them with the day before legalization – these are a lot of people I grew up with who are still locked up and separated from their families.”
“I am hopeful and confident that we will get this right and have recreational cannabis in the city of Detroit,” said Jessica Jackson, a marijuana business applicant. “And that the people who are supposed to benefit from this policy and this regulation will have a fair shot and fair access.”
The city of Detroit will not be able to receive new marijuana company applications for another two weeks – then the next hearing will take place.