Medical marijuana companies in Jefferson County have filed a lawsuit against the commonwealth and former Office of Medical Cannabis executive director Sam Flynn, alleging the rollout of Kentucky's medical marijuana program is unconstitutional.
Attorney James Gregory Troutman said his clients, a group of investors who had originally hoped to secure processing and dispensary licenses, allege the Kentucky General Assembly illegally delegated authority to create the commonwealth's licensing districts and issuance limits to the Kentucky Cabinet of Health and Family Services. The suit also asks the court to pause all operations for currently licensed medical marijuana business and issue licenses to the plaintiffs, who were not chosen to receive them during the lotteries that took place in 2024.
"We're taking issue with the way the legislature failed to be the ones who decided how the state would be carved up for licensing purposes into various regions and how those licenses would be allocated within the regions. We believe that was a function that the legislature — and the legislature only — had to address," Troutman said.
The filing of the lawsuit follows several complaints from community members, as well as local hemp and cannabis business owners and farmers, in regards to the program's application process and lottery drawing.
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