A Suffolk County judge this week in Massachusetts has upheld a state order that temporarily bans recreational cannabis sales in the state.
Judge Kenneth Salinger ruled that Gov. Charlie Baker acted within his legal authority with ordering that adult-use sales be halted during the COVID-19 pandemic.
Judge Salinger denied a request to let the pot shops reopen, saying they are unlikely to win their case. According to the judge, Baker’s decision to keep medical marijuana facilities and liquor stores open while closing recreational marijuana shops had a “rational basis.”
Gov. Baker’s order allowed the continued sale of medical marijuana products, and today’s court ruling does not affect the ability of patients to access their medicine.
Judge Salinger indicated that he might not necessarily agree with Baker’s decision, but under the law the governor had the right to make the call.
“It was reasonable for the governor to be concerned that the relatively few adult-use marijuana establishments in Massachusetts are more likely than liquor stores or [dispensaries] to attract high volumes of customers, including people traveling from other states,” Salinger wrote. “The governor’s decision to treat medical marijuana facilities and liquor stores differently than adult-use marijuana establishments has a rational basis and therefore is constitutional.”
