A Missouri circuit judge denied the request of a temporary restraining order Thursday in a lawsuit filed by rejected marijuana growers in Sarcoxie.
In the lawsuit, Paul Callicoat, along with his wife, Wendy, and son, Jonathon, challenged the state’s scoring system to grant a cultivation license and its 60-license limit. The lawsuit requested a temporary restraining order, as well as a permanent injunction.
“A clear violation has not been established at this point in the litigation which might warrant a (temporary restraining order),” Cole County Circuit Court Judge Jon Beetem wrote in his Thursday decision, adding that the state acted accordingly to state law with its 60-license cap.
The Callicoat family applied for a growing license in August with the intention to convert a former nursery on 70 acres in Sarcoxie into a marijuana cultivation and manufacturing site. Its application, along with over 500 others, was rejected last week, as the state only approved 60 licenses.
The court will continue hearing on the family’s “Right to Farm” claim, the decision reads.
“Whether or not the regulations constitute a special law, impede “access” to medical marijuana or violates the “right to farm” are fact questions which merit further review,” Beetem wrote.
In a statement released Thursday, Paul Callicoat said the family is “disappointed” with the decision but is “gratified” on the judge’s decision to continue the lawsuit.
“We are now concentrating on proceeding with litigation,” he said.
According to the Joplin Globe, Paul Callicoat is a retired Joplin cardiologist in Sarcoxie. He was heavily involved in efforts last year to pass the medical marijuana initiative in Missouri.
The lawsuit named the Missouri Department of Health & Senior Services, its director, Randall Williams, and Lyndall Fraker, director of the state’s Section for Medical Marijuana Regulation program, as defendants.
The court will continue hearing the case, according to the ruling. A hearing is set for Jan. 21.
Supervising editor is Galen Bacharier.