City of Albert Lea grants permission for two cannabis establishments, once more rejecting Minnesota's first non-tribal license applicant
In a surprising turn of events, the city of Albert Lea has denied a city license to Jacob Schlicter's cannabis business, The Smoking Tree, for the second time. This decision comes despite the city adopting a limit of two cannabis businesses, and Schlicter's business already meeting local requirements.
The city of Albert Lea has approved licenses for two other cannabis businesses, The Matchbox Dispensary and Black Husky. However, the city council's decision to deny Schlicter's application was not based on the city's two-business limit but instead on concerns about Schlicter's personal background and behavior.
The council pointed to a misdemeanor on Schlicter’s record, violations of probation, statements he made about opening regardless of registration, and a recent restraining order as grounds for denying his license. They stated that Schlicter "has shown disdain or inability to follow lawful orders and legal requirements."
Schlicter, who had already secured building space, renovated it, and paid a city fee to open his doors as soon as the city approved his registration, expressed frustration after his business was initially rejected by the council last month. The denial of his license may impact the opening date of The Smoking Tree.
The state law prohibits local governments from banning cannabis retail stores from their communities; there must be one dispensary for every 12,500 residents. The city manager acknowledged that denying Schlicter's license likely violates state law and risks state aid funds but emphasized the city’s discretion in licensing. The Office of Cannabis Management cannot compel approval of one applicant over another—only that the city eventually approve the required minimum number of businesses.
Albert Lea has set other ordinances related to cannabis businesses in terms of location and proximity to certain areas. The city staff warned that denying Schlicter a permit to operate could open the door to lawsuits and endanger $6 million in state funds the city receives in local government aid.
The nature of the misdemeanor on Schlicter's record has not been specified by the city of Albert Lea. Schlicter believed the city's approval of his registration would be perfunctory, and the denial of his license may lead to legal action.
This decision is a significant setback for Schlicter and The Smoking Tree, but the saga is far from over. The city's actions could face legal challenges, and the future of cannabis businesses in Albert Lea remains uncertain.
[1] City of Albert Lea Denies Cannabis License to The Smoking Tree
[2] Albert Lea Denies Cannabis License to The Smoking Tree for Second Time
[3] Albert Lea's Denial of Cannabis License to The Smoking Tree Challenged
[1] City of Albert Lea's decision to deny The Smoking Tree's cannabis business license, despite meeting local requirements and the city's limit on two cannabis businesses, has raised concerns about potential legal violations and impacts on general-news and business sectors.
[2] In a move that has caused controversy, Albert Lea's city council has denied cannabis business owner Jacob Schlicter's application for a second time, citing concerns about his personal background and behavior, which may also impact crime-and-justice and politics discussions.
[3] The denial of The Smoking Tree's cannabis business license by the city of Albert Lea could lead to legal action due to concerns about potential state law violations, placing the city in a delicate position involving law, general-news, and politics.
