Judge: Licensing process for Arkansas' first medical pot growers is unconstitutional

A Pulaski County circuit judge on Wednesday declared Arkansas' licensing process for its first five medical marijuana growing facilities unconstitutional.

Judge Wendell Griffen in a Wednesday order granted a disgruntled growing permit applicant's request for a preliminary injunction and declaratory judgement, saying "the licensing decisions and rankings rendered by the Medical Marijuana Commission must not stand, and are, hereby, declared null and void."

Griffen sided with Naturalis Health LLC on several arguments the company made in a lawsuit. Specifically, Griffen said the state Alcoholic Beverage Control Division failed to verify key facts about whether some facilities were in compliance with state regulations, and he said two commissioners' relationships with the owners of two companies that scored in the top five compromised the decision-making process.

It wasn't immediately clear Wednesday morning what Griffen's order means for the licensing process moving forward, but state attorneys in a hearing on Friday indicated that they would appeal any decision.

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