Minnesota City Denies Pot Shop – Can They Legally Do That?

Recreactional marijuana - it's now legal in some states.  Minnesota happens to be one of those states.  Not everyone is happy about this legalization.  Personally, I feel like if you don't like it, don't do it.  If you do like it, go ahead, just remember, the same rules apply to marijuana as they do for alcohol consumption.

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Since the legalization of marijuana in Minnesota, there has been a waiting period for people to receive a license to open a cannabis shop.  And, once the licenses were given out, there were only a handful of them that were awarded.

THE FIRST LICENSE

One of those licenses was given to Jacob Schlichter of Albert Lea.  He owns a space called the "Smoking Tree".  He is actually the first one in Minnesota to receive a license to open his shop.

The City Council had something else to say about that.

From KARE 11, Albert Lea City Council doesn't like that they feel that they don't have a say regarding what types of businesses open in their city.  They held a meeting, and there were residents that offered their opposing opinion to the opening of the recreational cannabis shop in their city.

 ...the council voted 4-3 against signing off on registering the business following several residents speaking out against its opening.

"We're inviting a lot of trouble," said one resident.

Councilors are now defying state law after recreational marijuana became legal two years ago, arguing they should have more control than state legislators.

Since they are going against state legislators, can Schlichter sue them?  Short answer is yes, he can.

RESTRICTIONS

The city can put zoning restrictions on businesses like this so they are only in a certain area, but cities need to allow these businesses to open.  Legally.  There can be one business per 12,500 residents.  This means that Albert Lea can legally have two of these businesses within their city.

Jurisdictions can't choose to entirely opt out of the industry and the city attorney said there would be little chance the city would prevail if a lawsuit was filed.

"They're not going to win," said cannabis lawyer Jason Tarasek. "The statute says what is says, but right now there's a lot of fear, there's a lot of stigma, and it's unfortunate local governments are taking this approach."

So, this should be interesting moving forward.  Stay tuned...