Judge Says MA Pot Shops Will Stay Closed In Coronavirus Shutdown

BOSTON — Recreational marijuana dispensaries in Massachusetts will have to remain closed until at least May 4 after a Suffolk Superior Court judge sided with Gov. Charlie Baker Thursday.

Five cannabis dispensaries and a medical marijuana patient had filed a lawsuit April 7 against Baker in hopes of getting a temporary injunction allowing them to reopen. Recreational marijuana shops were closed March 24 when Baker shut down all nonessential businesses to slow the spread of the new coronavirus.

"Many of the states around us, in fact I think all of them, have not legalized recreational marijuana," Baker said a day after the lawsuit was filed. "Making those sites available to anybody from the northeast would cut completely against the entire strategy we're trying to pursue here in Massachusetts to keep people safe. And that's why they're nonessential businesses."

Suffolk Superior Court Judge Kenneth Salinger agreed with Baker. In a ruling issued Thursday, he said Baker could have taken the shutdown further, limiting medical marijuana sales to Massachusetts residents and requiring appointments.

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"While the ruling, which confirmed Gov. Baker’s executive authority, was expected, we are encouraged by the judge’s acknowledgment that the cannabis industry has several tools at its disposal which would allow adult-use cannabis shops to reopen without harming public health or safety – including limiting sales to Massachusetts residents, reserve ahead ordering and curbside pickup," David Torrisi, president of the Commonwealth Dispensary Association said in a statement. "We look forward to continuing the conversation with the Administration around reopening adult-use shops."

The lawsuit was filed by Stephen Mandile, a medical marijuana patient and activist who is seeking to open a store, the Green Lady of Nantucket, CommCann in Millis and Southborough, Athol-based MassGrow and Bloom Brothers in Pittsfield.

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Dave Copeland writes for Patch and can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).