[Jonathan H. Adler] PharmaCann Challenges "Racial Quotas" for Ohio Medical Marijuana Licenses

Cleveland.com reports that PharmaCann Ohio, LLC, has filed a constitutional challenge against the states minority set-aside requirement for the issuance of marijuana cultivation licenses. The firm claims that it was denied a license in favor of other, lower scoring firms because state law requires that a minimum proportion of licenses are awarded to members of racial minority groups. From the report: PharmaCann Ohio, LLC wants the court to order the Ohio Department of Commerce to award licenses to the top-scoring applicants, including PharmaCann, and is seeking a temporary order to stop the department from issuing provisional licenses to the two minority-owned companies. The lawsuit was the first filed challenging the results of a months-long, expensive process of applying for a limited number of grow licenses. At least one other losing applicant has said it plans to sue the state. . . . PharmaCann scored 158.56 points in a competitive application scoring process, ranking 12th…

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