City’s pot rules see new challenge

A Yukon city ordinance that governs the use of medical marijuana is being challenged for a second time in Canadian County District Court.
Attorneys representing 4-Eyed Buds LLC filed a petition seeking a declaratory judgment against the city on Thursday.
The lawsuit claims the city overreached with its ordinance that prohibits the commercial growing of medical marijuana within the city limits.
The city’s ordinance, which was approved by the city council in 2018, has previously been challenged over its licensing requirements for retail stores.
The city’s ordinance requires that retail stores be located in areas that are specifically zoned for such businesses and must be at least 300 feet apart.
In addition, they can’t be within 1,000 feet of schools and 300 feet from churches, daycare centers, parks or recreational facilities.
District Judge Paul Hesse found in favor of the city in that case, saying cities had a right to determine their own rules.
Hesse’s ruling found, at the time, that the city’s ordinance that bans commercial growing facilities was legal as was the city’s ban on warehousing facilities.
In the new lawsuit, filed on behalf of owners Tamara and Tracy Crenshaw, says the couple own property at 2880 N. Yukon Parkway and plan to become a licensed commercial medical marijuana cultivation operation in the city.
However, the city prohibits such operations.
They claim an attorney general’s opinion issued on July 18, 2018, gives only state officials the right to determine who can have such a permit.
The lawsuit claims the city has violated the state constitution by enacting its ordinance.
“The actions of the Yukon City Council exceeded its lawful authority in prohibiting the growing of medical marijuana,” the lawsuit states.
It also claims it goes against the will of the people because State Question 788 that enacted the medical marijuana process was approved through a vote of the people.
“The subject of growing, distribution and use of medical marijuana is of general interest of the state of Oklahoma and not a matter of merely local interest.
“Additionally, in the matter of the adoption of SQ 788 by the people, the ‘local option’ was not provided for in the state question … ,” the lawsuit states.
The lawsuit asks the court to rule that the city ordinance prohibiting commercial growing operations is unlawful.
Attempts to reach attorneys representing the Crenshaws and the city of Yukon were unsuccessful.

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