Menominee Cannabis Dispensaries Forced to Shut Down: What Happened on Friday Night

Posted Nov 4, 2023 on Ehextra

MENOMINEE — Menominee’s messy marijuana situation has taken yet another legal twist.

Circuit Judge Mary B. Barglind, at 4:37 p.m. Friday, signed a temporary restraining order against the city of Menominee to enforce a prior preliminary injunction. One of the stipulations of the order is that Menominee must take action to ensure that adult cannabis retailers Lume Cannabis Co., Higher Love, Inc., and Nirvana Center, are all closed to the public.

The ruling states this order “shall remain in full force and effect for 14 days, unless the court specifically orders otherwise.”

Lume, 2812 10th St., Higher Love, 1400 8th Ave., and Nirvana, 1231 9th Ave., were all shut down by police Friday evening. The parking lots at all three sites were empty Saturday.

A sign on the door at Higher Love informed customers that the closing is temporary and directed people to its store in Norway, Michigan. Nirvana had a similar message on its website and directed clients to its store in Escanaba, Michigan. Lume did not have anything posted at its location or on its website as of late Saturday afternoon.

Two remaining cannabis retailers — RIZE, 3213 10th St., and Fire Station, 3101 10th St. — remain open. Both seemed very busy Saturday.

The city of Menominee is the plaintiff in the case, while the defendants are First Property Holdings, LLC d/b/a RIZE, Fire Station and the Committee to Stop Unlimited Marijuana Shops. Attorneys for each are listed on court records.

The defendants filed an ex parte motion for a temporary restraining order and an order to show cause why a preliminary injunction should not be issued, or alternatively, to enforce the court’s Oct. 17, 2020 supplemental order granting preliminary injunction that was filed by the defendants.

The restraining order states, that on Sept. 26, the court found that the defendant, acting through its City Council, likely committed violations of the Michigan Open Meetings Act, that plaintiffs stand to suffer irreparable harm in the absence of injunctive relief, that injunctive relief would not cause damage to the city and that public interest weighs in favor of an injunction.

Barglind ruled the city failed to comply with terms of the preliminary injunction and the court must make additional supplemental rulings to ensure the city complies with its prior orders.

The city is now required to appear at 9:30 a.m. Nov. 15, “or as soon after the city may appear,” and show cause why a supplemental preliminary order should not be issued according to the terms set forth in the order.

Barglind noted that this is not a final order and does not close the case.

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