The growers who would have liked to participate in the experiment for legal cannabis cultivation, but lost in the draw, also lost in court. According to the judge, the selection could have been different, but there is nothing wrong with the current state of affairs.
Preliminary injunction
The cannabis growers requested a preliminary injunction because they believe that the selection for participation in the cannabis experiment was unfair, but the preliminary relief judge of the Amsterdam District Court did not agree.
The growers, namely Canna Hood B.V, Green B.V, CANPRO B.V, DutchCanGrow B.V, So Green B.V, TYCH B.V and Can Dutch Connextion B.V., do not agree with how the selection process went.
Objections
The judge ruled that the choice of drawing lots is not unlawful. "The fact that there were other options than a draw does not mean that the draw is the wrong choice," is the opinion.
The growers would have liked to see more assessment on the quality of the applications in the selection process. According to them, growers of 'insufficient quality' have now been selected, while it is 'very important that the experiment succeeds'.
Other points that were discussed by the judge were an extra draw whereby three growers were still admitted to the draw ('not unusual', according to the judge), change of location after drawing-in, and the fact that there are applicants who submitted multiple applications with multiple locations.
None of the points could ultimately persuade the judge to grant a preliminary injunction. A judicial follow-up to the case is not possible.
The growers that have been selected are currently undergoing a screening based on the Bibob Act - ie the financial control and the integrity assessment.