Justices of the Maine Supreme Judicial Court, including Justice Andrew Horton, left, stand after hearing oral arguments in December 2023. Derek Davis/Staff Photographer
The Maine Supreme Judicial Court has ruled in favor of a Maine cannabis company, allowing it to continue its lawsuit against the town of Kittery over its licensing process for recreational marijuana stores.
High Maine LLC asked the state’s highest court in September to reconsider a superior court justice’s dismissal of the suit, which alleged the city’s lottery-style system of awarding these licenses was unfair. The court ruled on Thursday that the company’s appeal was sufficient and sent the case back to York County Superior Court to continue proceedings.
The lawsuit alleges that Kittery’s selection system unfairly allowed another company with a “defective application,” called GTF Kittery 8, to stay on the waitlist to apply for a license.
High Maine would have been higher on the list if the town had removed GTF, which the company said broke the town’s rules by filing two pre-applications for the same area and proposing a location that is within 1,000 feet of a school.
The York County Superior Court dismissed the complaint in January, saying that High Maine didn’t have standing to sue. But the supreme court said Kittery’s “alleged defects in the process” had “directly and negatively” affected the company.
The ruling states that if High Maine wins the case, its application could be brought to a “significantly better position” compared to the other applications on the waiting list.
While this isn’t the first time recreational cannabis companies have complained about Kittery’s controversial lottery process, it is the first complaint to reach the high court.
Sweet Dirt, an Eliot-based cannabis company, has questioned the legality of the process, saying in March 2022 that companies that can afford to buy multiple pre-applications get more spots on the waitlist, or more chances to win.
But the Office of the Maine Attorney General investigated Kittery’s method and, later that month, told the town’s attorney that it didn’t plan to pursue legal action.
Send questions/comments to the editors.
Join the Conversation
We believe it’s important to offer commenting on certain stories as a benefit to our readers. At its best, our comments sections can be a productive platform for readers to engage with our journalism, offer thoughts on coverage and issues, and drive conversation in a respectful, solutions-based way. It’s a form of open discourse that can be useful to our community, public officials, journalists and others. Read more...
We do not enable comments on everything — exceptions include most crime stories, and coverage involving personal tragedy or sensitive issues that invite personal attacks instead of thoughtful discussion.
For those stories that we do enable discussion, our system may hold up comments pending the approval of a moderator for several reasons, including possible violation of our guidelines. As the Maine Trust’s digital team reviews these comments, we ask for patience.
Comments are managed by our staff during regular business hours Monday through Friday and limited hours on Saturday and Sunday. Comments held for moderation outside of those hours may take longer to approve.
By joining the conversation, you are agreeing to our commenting policy and terms of use. More information is found on our FAQs.
You can modify your screen name here.
Show less
Join the Conversation
Please sign into your Press Herald account to participate in conversations below. If you do not have an account, you can register or subscribe. Questions? Please see our FAQs.