Federal Lawsuit In Arkansas Considering RICO Act: Is This The End Of Medical Marijuana In The State?

On August 4, a proposed initiative to legalize recreational marijuana was turned down by the State Board of Election Commissioners. The commissioners dismissed the amendment, with one of the main issues being the level of THC allowed in cannabis edibles. Now, THC levels are generating a new controversy over medical marijuana.

A federal lawsuit filed on July 12in Little Rock, is now looking to use federal Racketeer Influenced and Corrupt Organizations (RICO) statutes, which were created totarget organized crime. Arkansas is seeking to use RICOto go after medical marijuana suppliers in the state that allegedly sold cannabis with lower-than-advertised potency.

Pete Edwards, Don Plumleeand Jakie Hanan, the plaintiffs, argue that at some point they bought medical marijuana that had THC 25% lower than what was advertised, and, asked to be ruled a class action, reported wreg.com

In addition, the plaintiffs argued that the marijuana business is subject to the federal RICO Actsince large-scale marijuana production and sale is illegal under federal law.

If successful, it could ultimately impact accessibility to medical marijuana in the state, reported local media.

The lawsuit names California-based marijuana testing service Steep Hill, Inc. and its Arkansas subsidiary, Steep Hill Arkansas,the co-owners of Steep Hill Arkansas, Dr. Brandon Thorton and Brent Whittington, Osage Creek Cultivation, Bold Team LLC, and Natural State Medicinal.