Massachusetts Cannabis Stores Sue Baker Over Coronavirus Shutdown

BOSTON — Five cannabis dispensaries and a medical marijuana patient seeking to open a recreational dispensary sued Massachusetts Gov. Charlie Baker for his decision to order them closed as part of an emergency order aimed at slowing the spread of the new coronavirus.

The lawsuit was filed Tuesday in Suffolk Superior Court and seeks a preliminary injunction that would allow the state's 43 recreational marijuana shops to reopen. Baker classified the dispensaries as "nonessential businesses" and ordered them to close at noon on March 24.

"If it continues, this mandatory closure will cause profound and irreparable damage to the nascent adult-use marijuana industry; will deprive Massachusetts residents of safe access to regulated marijuana; and, will make it very difficult or impossible (e.g.,in Nantucket) for certain medical-marijuana users to obtain marijuana legally," the lawsuit said.

In his press briefing Wednesday, Baker said the stores had been listed as nonessential businesses because they attract customers from outside of Massachusetts.

"Many of the states around us, in fact I think all of them, have not legalized recreational marijuana," Baker said. "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."

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Without the injunction, the stores will need to stay closed at least until May 4. Combined, the state's cannabis stores employ more than 8,000 people. The lawsuit claims the dispensaries combine for $13 million in weekly sales.

The lawsuit was filed by Stephen Mandile, who is seeking to open a store, the Green laby of Nantucket, CommCann in Millis and Southborough, Athol-based MassGrow and Bloom Brthers 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).