Vineyard marijuana entrepreneur Jeff Rose joins a Nantucket Island-based dispensary in suing the state Cannabis Control Board in hopes of allowing marijuana to be legally transported to the island for commercial sale. filed a lawsuit.
of lawsuit The lawsuit filed Tuesday in Suffolk County Superior Court asks the state to allow dispensaries to transport marijuana to the islands by boat and not penalize them for doing so. The plaintiffs are seeking a speedy trial.
“We are at a critical juncture,” said Rose, who owns Island Time, a cannabis store in Vineyard Haven. He filed the lawsuit jointly with Green Lady Pharmacy on Nantucket Island.
He said unless a solution is found, not only his business but also the supply for Dukes County’s 234 medical marijuana users is at risk.
committee member discussed this month Whether to enact an emergency order allowing the transportation of marijuana on currently regulated state-controlled waterways. Marijuana is a federally regulated substance and it is illegal to transport marijuana across federal waters, such as Vineyard Sound.
West Tisbury’s Fine Fettle is the only legal marijuana grower on the island, but Closed by September, cut off local sources. Marijuana cultivation in vineyards has already been discontinued.
Commissioners voted unanimously on May 9 to meet with vineyard officials in June about supply chain disruptions.
Tim Swain, one of the attorneys representing the pharmacies, said the commission was contacted about the issue in November. He said the commission maintains that transporting cannabis between the island and the mainland is prohibited.
Representatives for the commission did not respond to requests for comment on the lawsuit.
Massachusetts law requires “randomization” of marijuana transportation, meaning transporting marijuana on regularly scheduled ferries could be a potential problem. There is.
Swain said the lawsuit seeks state permission for Rose to use a private boat to transport marijuana through state waters, which are classified as oceans within three miles of land. said.
Island Time temporarily closed in March due to a dwindling marijuana supply, but briefly reopened in April. It closed again on May 14.
Rose said he was able to stay open for another month because he obtained marijuana from the mainland. He declined to say how he got supplies for the vineyard.
The U.S. Coast Guard enforces federal maritime transportation laws. Coast Guard spokesperson DiOranda Caballero told the Times that marijuana remains illegal under federal law, so even if you have the amount of the drug allowed in your state, you will not be considered “prohibited.” The items will be confiscated and the owner or operator of the vessel may be prosecuted.
Rose said his company can’t wait for the committee to visit the vineyard in June and then meet again to make a decision. He declined to say how long his business will last.
