The Michigan Supreme Court issued an order on April 30 dismissing the Pinebrook, LLC vs. City of Warren appeals case that has been in litigation for six years.

The case was reopened in Macomb County Circuit Court and is still pending there.

Attorney representing the City of Warren, Andrea Pike, declined to comment on the dismissal due to the case still pending in Macomb County Circuit Court.

It is related to the application process for medical marijuana licensing in Warren and the city’s Marijuana Review Committee that was responsible for reviewing and scoring applications. At issue is  the role of the marijuana committee, specifically if it was a decision-making public body that was subject to the Open Meetings Act..

Based on the recommendations of the Marijuana Review Committee, the City Council selected 15 recipients to which medical marijuana licenses would be awarded. More than 60 applicants were reviewed by the committee.

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Several companies that did not receive licenses immediately filed lawsuits in Macomb County Circuit Court stating that the committee’s scoring system for applicants was flawed and that the committee had violated the OMA multiple times.

The case has been to the Macomb County Circuit Court, Michigan Court of Appeals and Michigan Supreme Court.

The Michigan Court of Appeals issued an opinion in December in the case and ordered that 15 medical marijuana licenses issued five years ago are null and void and remanded the case back to Macomb County Circuit Court.

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Earlier this year, the Warren City Council approved an ordinance allowing for unlimited recreational marijuana dispensaries. There was speculation at that time that allowing for unlimited recreational licenses could lead to an end of litigation in the Pinebrook LLC case.

The cannabis business has changed dramatically over the past five years with interest in medical licenses fading as they have become almost obsolete, and recreational licenses becoming much more desirable. All indicators point to the state phasing out medical marijuana licenses and making all licenses recreational.