UPDATE: Cannabis store challenges curbside no-delivery order | News, Sports, Jobs
ALPENA — The owner of cannabis store Alpena, Kevin Currier, says the city has no right to order him to stop delivery of his product to the curb.
Alpena 26th Circuit Court Judge Ed Black last week said he needed more information to decide whether an Alpena order prohibits the Currier store, Neighborhood Provisions and other marijuana stores. to provide curbside delivery.
In August, city officials sent Currier a letter ordering him to immediately stop that delivery, saying it violated a requirement that all business operations of a marijuana facility or establishment take place inside the facility. inside.
The company has suspended curbside delivery, though Currier disagrees with the city’s interpretation of its order, said attorney Denise Burke, representing Currier.
Alpena City Attorney Bill Pfeifer could not be reached for comment.
Currier said in a motion filed in court last month that while the company delivered items to customer vehicles parked outside, all related business transactions took place inside.
Employees who place pickup orders pick up customers’ credit cards at the curb and complete the actual financial transaction inside, or customers can pay online, Burke said, comparing the process to one commonly used in pharmacies.
Products packaged in the store for take-out orders cannot be consumed in the customer’s vehicle, as state law prohibits outdoor use in most cases.
When conversations with city officials failed to resolve their conflicting interpretation of the ordinance, Currier filed the motion — not a lawsuit — asking the courts to clarify the wording of the ordinance in the hope to return to curbside service sooner, Burke said.
Curbside service benefits the elderly or disabled, cancer patients, immunocompromised or anxious people and “community dignitaries who do not want to be seen by the public,” Currier said in his motion.
Black will hear arguments from attorneys for Currier and the city at a hearing scheduled for Nov. 28.
The state’s cannabis regulatory agency in March approved curbside and drive-thru service at marijuana stores, with municipal approval.
Neighborhood Provisions is state-licensed for home delivery, as is Consume Cannabis in Alpena City County in Harrisville and Meds Cafe near Rogers City.