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Judge Rules In Favor Of Pot Shops In Licensing Dispute

marijuana plants
flickr/creative commons

Medical marijuana shops that don't have a full state license yet have won another reprieve from a judge.

Judge Stephen Borrello at the Court of Claims says the state can't shut down shops that don't get a license until 60 days after a final decision from regulators.

He says the state's handling of applications under a 2016 law has been slow and "apt to sudden change, freakish or whimsical."

Licensing deadlines have been extended numerous times due to court action and other reasons, including regulators needing more time to evaluate applications.

The judge said Tuesday that the state's actions were "arbitrary and capricious" and violated due process.

The Legislature is paying attention.

The House recently voted to prevent unlicensed facilities that stay open after June 1 from becoming licensed for a year.

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