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Judge's ruling keeps cannabis dispensary from opening

LAS VEGAS (KLAS) -- A local cannabis company's plan to start operating a new dispensary is put on hold due to a judge's ruling Monday.

It's part of a larger effort by a group of dispensaries to start the state's marijuana license process from scratch. A temporary restraining order was issued today for Thrive Cannabis Marketplace. It's one of the companies that was granted conditional marijuana licenses back in December.

The restraining order prevents Thrive from using that license to open a new dispensary. Thrive went to the city of Las Vegas to apply for a business license to start operating their new location. But plaintiff's attorneys representing a group of around a dozen other cannabis companies, who were not awarded marijuana licenses, wanted to prevent that from happening.

That's because of a series of lawsuits asking for a "complete do-over" of the marijuana license application process.

As 8 News Now has previously reported, the lawsuits claim the Nevada Department of Taxation did not follow state law or the department's own regulations regarding how applications were to be graded.

A hearing for those lawsuits is scheduled for later this month. That's why the plaintiff's attorneys wanted the restraining order -- so, that Thrive didn't do things one way -- only to have the court rule another way.

"When the litigation is over, if we prevail, the whole thing starts all over again. Nobody's going to go into business based on those licenses that were issued in December," said Dominic Gentile, plaintiff's attorney.

But attorneys representing Thrive don't agree.

"Maintaining the status quo, your honor just means Thrive has licenses that were awarded. The plaintiffs do not,” said Joseph Gutierrez, an attorney representing Thrive.  “What they're trying to do now is establish a property right in a license they never had."

The plaintiff's attorneys also asked for a separate restraining order to stop the city of Las Vegas from putting Thrive's conditional license into place. But the city has taken this up in federal court.

In a statement to 8 News Now, the city of Las Vegas says they have a "longstanding policy of not commenting on ongoing litigation."

The hearing for the marijuana license lawsuits is scheduled for May 24. The hearing could last about three or four days and will include testimony from expert witnesses.



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