The Oklahoma Supreme Court has ruled that cities may approve some regulations of the medical marijuana industry.
The court on Tuesday dismissed an appeal by the city of Broken Arrow in a case filed by marijuana grower Austin Miller. Miller said the city exceeded its authority in 2018 by adopting regulations including a $2,500 annual permit fee on dispensaries and allowing marijuana to only be grown indoors in industrial areas.
The state Supreme Court first overturned a district judge’s injunction blocking the rules.
Now, it has ruled that legislative amendments earlier this year to the voter-approved law allowing medical marijuana allows cities to use “standard planning and zoning procedures” but not prevent marijuana businesses from opening.
Miller’s attorney Ron Durbin called the ruling “a travesty” because he said the amendments apply retroactively. An attorney for the city declined to comment.
