An Arkansas decide on Tuesday issued a brief restraining order stopping the state Medical Marijuana Fee from issuing the final two dispensary licenses till a lawsuit alleging racial bias within the software course of will be totally heard, the Arkansas Times reviews. The lawsuit was filed by Absolute Essence, which claims that the applying course of was arbitrary, with none rational foundation, and that its procedures had been illegal and inconsistent.
Moreover, the lawsuit alleges racial bias within the fee’s processes, alleging it didn’t “evenhandedly and uniformly apply its personal guidelines as between black-owned and non-black-owned.” The lawsuit contends that the dispensary software accomplished by Absolute Essence, a 100% Black-owned firm, was not scored correctly and will have obtained a better rating.
The lawsuit argues that “demonstrably much less certified non-black owned companies – together with many who had been patently unqualified to even apply for licenses and who ought to have been disqualified on the outset – have been awarded licenses,” in keeping with courtroom paperwork outlined by the Arkansas Democrat Gazette.
Candidates for licenses had been scored by PCG – a consulting firm employed by the fee.
The panel finally chosen two corporations that had been subsequent in line of their respective geographic zones primarily based on their scores from PCG to obtain every of the 2 remaining licenses if the change is accepted by the Arkansas Legislative Council. As a part of the licensing course of, the fee divided the state into eight zones, permitting for a most of 5 dispensaries in every zone, and simply two zones wouldn’t have the utmost of 5 dispensaries. The lawsuit seeks to forestall the council from approving that change and to cease the fee from issuing any new licenses till it both reevaluates the functions or completes a evaluation utilizing a wholly new course of.
The lawsuit names the fee, the Arkansas Division of Finance and Administration, the Arkansas Alcoholic Beverage Management Division, Inexperienced Cures Group, and T&C Administration – which is subsequent in line to obtain the disputed license.
The momentary restraining order expires on February 15 however may very well be prolonged.
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