Cannabis Company Threatens Second Lawsuit Against Salem

SALEM, MA — A company that wants to open a medical marijuana dispensary on Highland Avenue is threatening to file a second lawsuit against city, in part because of a video Ward 4 City Councilor Tim Flynn posted to his Facebook page. But Flynn says the video was an effort to inform constituents of the Mederi's plan, and that the company never said details discussed in a meeting last month could not be disclosed. Mederi has already filed a lawsuit against Salem over its denial of the company's application to open a recreational cannabis store in Salem.

"During the meeting the plan to open a medical marijuana shop on Highland Ave was discussed. I requested that their be some type of meeting for the neighbors so they could be in the loop and ask questions," Flynn said Tuesday. "The company discussed moving forward quickly. At no time was this information told to be a secret. Also, I was never told that I could not discuss it with my constituents."

After the meeting Flynn —who uses his social media accounts to post everything from political positions to birthday wishes to Ward 4 residents — posted a video from the proposed location of the medical marijuana dispensary at 250 Highland Avenue with commentary on details of the plan.

Patch has asked Mederi for comment and will update this story when we hear back from them. CEO Chris Pantano told the Salem News, which first reported this story, there were "several errors" in Flynn's video but declined to give specifics. Pantano described the video as the "last straw" in a process he called "purely discriminatory."

Flynn said Pantano requested a meeting via text message after Mederi officials met with Salem Mayor Kim Driscoll and City Solicitor Beth Rennard. During that August meeting, Driscoll told the company it had made a commitment to Flynn and Ward 4 residents to not consolidate the city's cannabis businesses on Highland Avenue. Driscoll told the company that if neighbors could be invited into the process and sign off on the proposal, she would hear the company's plan out.

Flynn said he found the text messages, which he has turned over to the city as part of a public records request, "to be disturbing."

"This is why when they requested to meet that it was at city hall with the city solicitor present," Flynn said. Flynn did not disclose the contents of the text messages.

Since the meeting, Mederi has claimed it is receiving ambiguous information from city officials on the procedure it would need to follow to open the medical marijuana dispensary. That, along with Flynn's video, prompted the company to threaten a second lawsuit.

Mederi filed a lawsuit in December claiming the state Cannabis Control Commission — not municipalities — have the authority on which businesses get licenses. While Mederi received zoning approval, the city notified the company in early December it would not be invited to negotiate a host community grant with the city.

"I did walk the area after and tried to let the neighbors know that I have been approached by a company that wants to open a business at 250-260 Highland Ave.," Flynn said "I believe in being transparent and informative. I also made it clear that I will support what the neighbors want. As stated before I work for the residents of Ward 4."