MENOMINEE, MICHIGAN (WTAQ-WLUK) – A handful of cannabis dispensaries and the city of Menominee, Michigan are involved in an intense legal battle.
Three of the city’s five pot businesses were shut down by court order last Friday.
As police were forcing cannabis store Higher Love to shut down, Angela Belling was nearby watching it all go down.
“I was curious because that’s my favorite one. I go there all the time,” said Belling.
Higher Love is one of three Menominee dispensaries forced to close under a judge’s temporary restraining order. The others are Nirvana Center and Lume Cannabis Company.
Two pot shops remain open: Rize and The Fire Station.
“As soon as Lume opened, all cars from Wisconsin were four wide, probably 40 cars, and all the other dispensaries were empty,” said James Nyland of Menominee, Michigan.
Nyland says customers started lining up at Rize and Fire Station the night the other dispensaries were shut down.
“There was probably 20 cars at each one, so they’re getting their business back since they’ve been shut down.”
2019 is when Michigan residents could first legally buy marijuana in the state.
In 2021, the city of Menominee awarded marijuana retail permits to Rize and Fire Station.
The dispensaries that weren’t awarded permits sued, but eventually were given permits under a new ordinance passed after turnover on Menominee’s city council.
Rize and Fire Station then sued.
Court documents show a judge determined the city council likely violated Michigan’s open meetings law in passing the new ordinance.
On Friday, the judge issued the temporary restraining order to temporarily close Rize and Fire Station’s competition.
“My clients, they are all for open markets and fair business competition, but it has to be in compliance with all the laws, rules and regulations and under fair circumstances,” said James Martone, an attorney for The Fire Station.
Attorneys for Fire Station and Rize say the new ordinance relaxed requirements for pot retail permits, giving an advantage to the dispensaries who lost out under the original ordinance.
“We were encouraged to spend more,” said Mike Cox, an attorney for Rize. “We did in order to get our licenses.”
Matthew Cross, the attorney for the city of Menominee, filed a motion to dissolve the temporary restraining order.
“We are disappointed with the Court’s decision to grant the temporary restraining order and shut down these businesses,” said Cross in an email to FOX 11. “We will continue to speak through our court filings and we are hopeful that the Court will realize the Plaintiffs have not articulated a single legitimate basis for the Court to invalidate the uncapping ordinance at issue.”
Lume Cannabis Co. says it is happy with Menominee’s support and efforts to get its more than 70 employees back to work.
“We are disappointed with Friday’s decision that suddenly closed Lume, which forces local workers to file for unemployment,” said Kevin Blair, Lume’s attorney. “We firmly believe Lume and the city of Menominee have complied with all laws, ordinances, and court orders. That’s exactly why we are supporting the city’s motion to get clarity on last week’s ruling and reopen the store without delay.”
Lume says dozens of its workers have filed for unemployment.
On its Facebook page, Higher Love apologized to its Menominee store customers for the closure.
“Our Menominee store is temporarily closed due to legal actions taken by our competitors, Rize and The Fire Station,” said Higher Love’s Facebook post. “We appreciate your support in the face of this unforeseen challenge and would encourage you to show it by avoiding stores who would deny others access to our favorite plant.”
Joni Moore, President of Higher Love, says her business did nothing wrong and she is confident a judge will also see it that way when their side of the issue can be laid out in court.
Moore also believes Rize and The Fire Station are just trying to eliminate their competition.
“I don’t know any other business that is allowed to cry because there’s too many stores in the area,” said Moore. “That is what it’s all about, survival. The best one wins.”
How long the dispensaries remain closed will likely be determined at a court hearing next week.
Cox says he hopes a judge’s decision will keep them closed at least until the city passes a new ordinance.
“All we’re asking is the law be enforced ad that it will be the same for everyone.”
“How many people are out of jobs now? At least probably 15 from here,” said Belling of Higher Love.
Belling says she hopes her preferred dispensary reopens, while her friend James Nyland says the market is flooded.
“What is there? 1, 2, 3, 4, 5 dispensaries in Menominee?” said Nyland. “12,000 people. That’s ridiculous.”
At least for the next week, it appears there will only be two.
