When it comes to cannabis in the U.S., the fight continues over what is federally illegal and what is sanctioned on a state level.
The judge is needed to cast her judgment between two parties: Pharma Cann, a medical cannabis company, which has received its state permit and city approval to open in a former Chi-Chi’s near the Mall, and a mall operator, Simon Property, who sued in federal court to block it from opening.
Simon Property claims the deed forbids “illegal activity” and that marijuana is illegal under the federal law. But Pharma Cann wants the issue resolved on a state level, which permits it.
The medical marijuana dispensary’s attorney Jeremy Unruh, said Simon’s attempt to make it a federal case is exaggerated.
“I think they’re trying to mushroom this into the bigger policy issue as to whether or not the federal controlled substances act operates to preclude all 30 of the states that now have some sort of state medical marijuana law on their books,” he said.
The judge, Gene Pratter, had already heard oral comments from both sides. She gave the two parties until this week for written comments before she decides that the case stays in a federal court.