Arkansas Supreme Court dismisses Fort Smith marijuana cultivator case, goes back to Pulaski County Court

FORT SMITH, Ark. (KNWA/KFTA) — A Fort Smith medical marijuana cultivator can keep its license as it passes on to Pulaski County Circuit Court, according to an April 11 Arkansas Supreme Court ruling.

2600 Holdings, LLC, an unsuccessful applicant for a cultivation license, alleged that Storm Nolan, owner of River Valley Relief LLC, was illegally granted his license, court documents state. 2600 Holdings claimed that the cultivation site was approximately 2,400 feet from “a facility that was a ‘school’ for Amendment 98 purposes.” 2600 Holdings also alleged that River Valley Relief was “dealing with a nonconforming application.”

But the Supreme Court ruled a motion to dismiss putting the case back into the hands of Pulaski County Circuit Court judges.

Justice Barbara Webb concurred and Justices Karen Baker and Shawn Womack dissented.

The Arkansas Medical Marijuana Commission can only issue between four and eight cultivation licenses, according to state law.

A cultivator is responsible for growing cannabis. They can sell usable marijuana to state-licensed dispensaries. The state permits a limited number of cultivation licenses making it a competitive process.

River Valley Relief previously had its license revoked by the Arkansas Beverage Control Administration in November 2022 after 2600 Holdings alleged the ABCA was not carrying out a court order regarding the “non-conforming application.”

The cultivator’s license was then renewed in June 2023.

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