Marijuana growers challenge city in court

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By Conrad Dudderar
Senior Staff Writer

A company seeking to open a commercial marijuana growing business in Yukon city limits has filed a civil action challenging the City of Yukon.

4-Eyed Buds LLC, and its owners Tamara Crenshaw and Tracy Crenshaw, are seeking a declaratory judgment in a petition filed Sept. 17 in Canadian County District Court.

The plaintiffs own a 25-acre property at 2880 N Mustang Road and “intend to become a licensed commercial medical marijuana cultivation operation in the City of Yukon,” according to the petition.

The City of Yukon – however – disallows growing, processing and wholesale medical marijuana businesses.

The Yukon City Council, in February 2019, adopted ordinance 1385 with the specific stated intent to prohibit growing medical marijuana inside Yukon city limits.

“Commercial marijuana growing facilities are not allowed within the municipal boundaries of the City of Yukon, Oklahoma,” according to the ordinance.

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4-Eyed Buds LLC and the Crenshaws claim the Yukon City Council’s actions were “not consistent” with the Constitution or Oklahoma state statutes:

“The actions of the Yukon City Council exceeded its lawful authority in prohibiting the growing of medical marijuana,” according to the suit.

Through their attorneys, 4-Eyed Buds LLC and the Crenshaws have asked a Canadian County judge to declare Yukon’s ordinance 1385 -prohibiting commercial marijuana growth within Yukon’s municipal boundaries – unlawful and void.

The Yukon City Council enacted ordinance 1385 after State Question 788 was passed in June 2018, legalizing medical marijuana in Oklahoma. SQ 788 was approved by a 57% majority of voters.

The ballot title states, “A yes vote legalizes the licensed use, sale and growth of marijuana in Oklahoma for medicinal purposes.”

City of Yukon ordinance also has restricted where medical marijuana dispensaries can be inside the city limits.

“The actions of the Yukon City Council after the adoption of SQ 788 by a vote of the people was explicitly directed in an effort to deny licenses and the right to conduct legal activities authorized by statute,” according to the plaintiffs’ petition.

The plaintiffs – represented by the Oklahoma City law firm Smith & Klubeck, PLLC – noted a “local option” was not provided for in the state question or statutes.

Yukon City Attorney Gary Miller said the City’s ordinance “has been tested in the courts already.”

“The courts have found that the ordinance was appropriate, and the City was correct,” Miller said.

The case has been assigned to Canadian County District Judge Jack McCurdy.