Recreational marijuana licensing in Detroit has been stopped by a federal judge.
This comes after the judge called a social equity component of the city’s ordinance “unconstitutional".
The issue surrounds Detroit’s “legacy” program. More than half of the city’s weed dispensary and growing licenses are reserved for Detroiters who have lived in the city for more than a decade. Those residents can take advantage of discounts on business licensing and property purchases.
Other advantages exist for Detroiters who have a marijuana conviction and are low-income. City Councilmember James Tate drafted the original Legacy ordinance. He says the legislation was meant to help Detroiters who have endured mass incarceration, and punitive hiring policies, due to marijuana criminalization.
The ordinance was challenged in court by a River Rouge woman who didn’t qualify. Now, a U.S. district judge is blocking the roll out of licenses. Judge Friedman called the “social equity” advantage “irrational” as other neighboring communities were also impacted by the War on Drugs.
Mayor Mike Duggan says the legacy program was meant to stop suburban business owners from gaining a foothold over city residents.
“The city of Detroit will not issue recreational marijuana licenses if we’re not sure Detroiters are getting their fair share," Duggan said. "What this case today does is guarantee nobody gets a license.”
Duggan explained that before the legacy program, 90-percent of the city’s medical marijuana licenses were held by people who live outside of Detroit.
“The people who are suing us are going to realize that all you’re doing is blocking your own opportunities," Duggan said. "Because, we are never going to have a repeat of the medical marijuana situation, where 90-precent non-Detroiters got the business. It’s just not going to happen. The other operators will realize that a good chance at 50% is a lot better than having a shot at zero percent."
Duggan says the city does not plan to appeal the injunction.