The state's highest court on Friday upheld the city of Salem's decision not to enter a host community agreement with marijuana retailer Mederi in 2018, saying the law gives communities the right to reject applicants and that Salem had valid reasons to do so.
But in its decision, the Supreme Judicial Court also suggested that state regulations put into place by the Cannabis Control Commission after marijuana was legalized by the voters may be in conflict with one of the law's goals, of making the new industry equitable.
The 23-page decision was authored by Chief Justice Kim Budd.
"Although we observe that the interplay between the statute and the regulations may have led to consequences perhaps not contemplated by the Legislature or the commission, we nevertheless conclude that Mederi's claims properly were denied, and thus affirm the decision" by Superior Court judges to dismiss the lawsuit, Budd wrote.
"The courts found there was nothing wrong with our process," Salem Mayor Kim Driscoll said. "We believe our process here in Salem was transparent, fair and professional."