A Massachusetts judge did not reverse an order by Gov. Charlie Baker that halts recreational marijuana sales during the COVID-19 pandemic, but the judge did say he sees a clear path to how those pot stores could open with safety in mind.

Baker could limit sales of recreational marijuana to just Massachusetts residents, Justice Kenneth W. Salinger wrote in a ruling. Even with the judge’s suggestion, it does not seem likely those stores will be able to follow that path.

A group of recreational pot shops and an advocate launched a lawsuit against the governor last week in an effort to be considered essential business during the pandemic, arguing that Baker allowing medical marijuana centers and liquor stores to operate, but not adult-use businesses, was unconstitutional. In a ruling issued Thursday, Salinger wrote that Baker was acting constitutionally.

But, Salinger offered a glimmer of hope for recreational businesses, writing that there did seem to be an avenue for the shops to open.

“Plaintiffs make a convincing showing that there may be other ways to address these concerns that would allow adult-use marijuana establishments to restart their businesses without harming public health or safety — for example by temporarily limiting non-medical marijuana sales to Massachusetts residents who have ordered in advance and arrive during an assigned time-slot, authorizing adult-use retail stores to make curbside deliveries of their products just like medical marijuana treatment centers, and requiring other measures to ensure that customers and workers keep a safe physical distance apart," Salinger wrote.

As of Friday morning, it seems unlikely that path will open. Asked if Baker may consider ways for recreational shops to open with safety in mind, the governor’s office offered a statement on the judge’s ruling as a whole.

“The Administration issued a list of essential services based on federal guidance and tailored to Massachusetts’ unique economy, and agrees with the court’s ruling,” the statement said.

The governor’s office did not respond specifically to the judge’s suggestion that stores could open without harming public health.

In responding to critics over the halt of recreational marijuana sales, Baker has argued that pot shops draw in customers from bordering states where marijuana is not legal, which could potentially spread COVID-19, the disease caused by the new coronavirus.

Salinger’s ruilng indicates Baker could restrict recreational marijuana sales to Massachusetts residents only.

“And the Court assumes, without deciding, that to help abate the coronavirus emergency the Governor could lawfully restrict sales of non-medical marijuana to Massachusetts residents, without violating the so-called dormant Commerce Clause of the United States Constitution,” the ruling reads.

Adam Fine of Vicente Sederberg LLP, co-counsel for the plaintiffs, said in a statement that he hopes the governor will consider a temporary ban on sales to customers who do not live in Massachusetts.

“The court rejected Gov. Baker’s stated rationale for closing these establishments by declaring he could ‘lawfully’ limit adult-use cannabis sales to Massachusetts residents. As the plaintiffs in this case review their legal options, we hope the governor will follow his legal option to re-open adult-use cannabis stores with a temporary ban on sales to non-residents," the statement read.

That sentiment was echoed by other members of the state’s marijuana community.

“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 Mass. residents, reserve ahead ordering and curbside pickup," read a statement from the Commonwealth Dispensary Association.

“The CDA maintains that our industry is well suited to operate in this environment due to the regulations we are held to and we should be allowed to resume," the statement continued. "We look forward to continuing the conversation with the Administration around reopening adult-use shops.”

The lawsuit was filed by CommCan, The Green Lady Dispensary, AscendMass, MassGrow, Bloom Brothers and Stephen Mandile, an Iraq veteran who uses recreational marijuana as medicine and is also an Uxbridge selectman.

A major contention of the lawsuit was that people who use marijuana as medicine have relied on the recreational market. A spike in patient registrations as recreational stores closed supports that argument.

Though the court saw an avenue for recreational stores to open, Salinger’s ruling notes that the governor is not obligated to take such measures.

“Nonetheless, the Governor was not legally required to implement a different alternative or ensure that his emergency closure orders impose the smallest possible economic burden on adult-use marijuana establishments,” the ruling read. “The Governor had to craft and issue these orders in rush in order to help protect the people of Massachusetts from a virulent pandemic. Since the choice made by the Governor was constitutional, the Court may not second-guess it.”

Earlier this month, the chairman of the state Cannabis Control Commission while speaking virtually with reporters following a commission meeting, said he did think the industry would be able to operate safely if the governor were to allow adult-use stores to open.

“I hope that the way we have worked with the medical marijuana industry over the last few weeks is proof of that. That we are willing and able to work collaboratively with the industry, issue administrative orders when necessary, be creative as we were with curbside delivery to ensure that the industry, if the governor were to choose to allow it to open, would be able to operate safely,” said CCC Chairman Steven Hoffman.

Baker’s order leaves non-essential businesses closed through at least May 4.

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