BROKEN ARROW, Okla. - The Oklahoma Supreme Court has ruled the City of Broken Arrow is allowed to enforce medical marijuana ordinances.
After Oklahoma voters approved medical marijuana in June 2018, the City of Broken Arrow proposed a set of ordinances to regulate how dispensaries could operate.
In September 2018, the BA City Council adopted two ordinances that designate permissible zoning areas and licensing requirements for medical marijuana dispensaries, commercial growers and marijuana processors operating in the City of Broken Arrow.
Just days later, Cloudi Mornings, a medical marijuana business, filed suit against Broken Arrow challenging the city’s authority and right to regulate the marijuana industry. A district judge granted an injunction preventing the city from enforcing its marijuana ordinances. The City of Broken Arrow appealed.
On November 19, 2019, the Oklahoma Supreme Court dismissed the city’s appeal, a month after a district judge concluded that Broken Arrow’s marijuana ordinances comply with state law, because they did not unduly change or restrict zoning laws to prevent the opening of a retail marijuana establishment.
More about Broken Arrow’s Medical Marijuana Ordinances
All operators of a Medical Marijuana Dispensary, Commercial Grower or Marijuana Processer within the City of Broken Arrow must maintain a valid commercial establishment license from the State.
All operators must have a City of Broken Arrow issued permit to operate a Medical Marijuana Dispensary, Commercial Grower or Marijuana Processor.
No permit shall be granted or renewed for a Medical Marijuana Dispensary, Commercial Grower or Marijuana Processor in a residence.
A Medical Marijuana Dispensary, Commercial Grower or Marijuana Processor permit will not be granted to any applicant where the proposed location would be located within one thousand (1,000) feet from any public or private school entrance.