PULASKI COUNTY, Ark. — Pulaski County Circuit Judge Herbert Wright ruled on Dec. 30 that the Arkansas Medical Marijuana Commission (MMC) should not have awarded a cultivation license to Fort Smith businessman Bennett “Storm” Nolan, court records show.
Nolan, who operates River Valley Relief in Fort Smith, has faced ongoing issues with his cultivation license. His license was revoked in 2022 due to what was described in documents as a “fatally flawed application,” but it was later renewed by the MMC in 2023.
The Arkansas Department of Finance and Administration (DFA), the Arkansas Alcoholic Beverage Control Division (ABC), MMC, Nolan, and his company, River Valley Production, LLC, were named defendants in the latest case.
The plaintiff in the case is marijuana grower applicant 2600 Holdings, LLC, which is doing business as Southern Roots Cultivation. Southern Roots claims MMC improperly issued a cultivation license to Nolan’s business and “did so in error to the extreme prejudice of Southern Roots,” earlier filings say.
On Dec. 30, Judge Wright determined that MMC violated the Arkansas Constitution and its own rules by granting Nolan a license despite application flaws.
“The state defendants have acted unreasonably, unlawfully, and capriciously by awarding Nolan a license,” documents say.
An attorney representing Southern Roots celebrated the ruling.
“We are very appreciative of the system that allows for us to bring these concerns forward and to have an honest, fair judge look at them and to decide that the Constitution means what it says,” Abdin Mehdizadegan said.
Nolan expressed disappointment with the decision in the following statement to 5NEWS:
“We have received a copy of the Circuit Court’s order. We are disappointed and disagree with the ruling. We will continue to defend the license that was lawfully issued to us by the State of Arkansas.”
DFA spokesperson Scott Hardin said he expects the MMC to discuss the judge’s order at its next meeting on Jan. 9.
“It would be premature to speculate what may result from it,” Hardin said. “Our legal team is reviewing the order along with ABC leadership. We will provide updates if there is anything additional to share prior to the meeting.”
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