KALAMAZOO, MI -- A Kalamazoo dispensary has filed a lawsuit against the city government, demanding that recreational marijuana facilities be allowed.

Lume Cannabis Co. filed a lawsuit, under the business name Green Sunrise, alleging the city has been violating state law by passing Ordinance 2000, or the Adult Use Marihuana Ordinance, in October.

The ordinance delayed the city’s opt-in of permitting commercial recreational marijuana establishments and gave the city commission a new deadline of June 1, 2020.

Lume, which has other locations in Owosso, Honor and Adrian, opened its 3406 Stadium Drive facility this fall with the intent to pivot to recreational sales, President and Chief Operating Officer Doug Hellyar said in November.

The lawsuit alleges the ordinance halts this process. Lume interprets the ordinance as prohibiting businesses such as itself from operating a retail facility in the same location as a medical facility.

The company attempted to work cooperatively with local leaders but ultimately decided to sue, said Nataniel Adkins, Lume Kalamazoo store manager said in a statement.

“With the support of several other local marijuana businesses, we have been in conversations with city officials for months in an effort to find a win-win solution that avoids litigation," Adkins said. “We respectfully disagree with the city’s interpretation of the MRTMA, and believe the ordinance preventing adult-use sales in Kalamazoo disregards the will of the voters across Michigan who overwhelmingly support both medical and recreational marijuana sales.”

Kalamazoo City Attorney Clyde J. Robinson said he could not comment on pending litigation, but clarified that the city’s current ordinance does not address recreational marijuana businesses.

Robinson said Kalamazoo is working on an ordinance addressing the licensing of recreational establishments, but that is several weeks away from completion, he said.

A draft ordinance was posted online on Friday, Feb. 28, the same day the lawsuit was filed.

The lawsuit claims that by waiting to approve recreational sales the city has cost Lume both revenue and future customers as residents travel to the surrounding areas that have opted-in.

Bangor’s first recreational retailer opened in February and Kalamazoo Township is making strides to be the first municipality in Kalamazoo County to have a recreational shop after it opted-in in January.

In a January email included in the lawsuit, Robinson responded to Lume’s threat of litigation saying “an active may only serve to postpone the adoption of the relevant ordinance until after June 1, 2020.”

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