Revolutionary Clinics loses court appeal

Lawsuit aimed to undermine the equity only priority period for adult use cannabis licenses in Cambridge

By Grant Smith

Corporate RMD (registered marijuana dispensary), Revolutionary Clinics has lost again in its attempt to use a lawsuit to undermine the equity only priority period for adult use cannabis licenses in Cambridge.

The latest loss, at the Superior Court level, means the priority period for equity applicants will be in effect in Cambridge going forward (unless Revolutionary Clinics were to somehow prevail at the conclusion of the case, which is highly unlikely after today's ruling).

This ruling, if it becomes precedent, now opens the door for every other city and town in the Commonwealth to have equity only priority periods for cannabis business licensing that do not include corporate RMDs when issuing adult use cannabis licenses.

Such equity only priority periods on the local level, that exclude corporate medical dispensaries, could result in a fundamental shift in the way equity applicants are able to obtain adult use cannabis licenses within the Commonwealth.

Key quote from the ruling (page 9) as to the relevant portion of MGL 94g section 3 (a) (1) (i)-which says that cities and towns cannot "prevent" RMD's from co-locating as adult use stores;

"The fact that the City's Permitting Ordinance gives additional priority to EE (Economic Empowerment) applicants, even over RMD applicants, does not amount to a “sharp conflict”. The Permitting Ordinance does not bar RMDs converting to CMO's (co-located adult use/medical use dispensary), it just delays their right to do so and still gives RMDs priority over other non-EE and non-RMD applicants.”

Previous coverage: Midnight Mass “Confusion around Cambridge's cannabis equity economic empowerment priority?”

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