Support the Timberjay by making a donation.

Serving Northern St. Louis County, Minnesota

Legal disputes delay social equity cannabis lottery

David Colburn
Posted 12/5/24

REGIONAL- The rollout of Minnesota’s adult-use cannabis industry took a significant hit last week when a Ramsey County judge indefinitely delayed Tuesday’s planned social equity cannabis …

This item is available in full to subscribers.

Please log in to continue

Log in

Legal disputes delay social equity cannabis lottery

Posted

REGIONAL- The rollout of Minnesota’s adult-use cannabis industry took a significant hit last week when a Ramsey County judge indefinitely delayed Tuesday’s planned social equity cannabis lottery in response to lawsuits alleging flaws in the selection process. The decision raises concerns about the availability of cannabis product for the market’s anticipated launch in 2025.
Rejected applicants sue
A firestorm of controversy erupted after the state Office of Cannabis Management announced that it had rejected approximately two-thirds of the 1,817 applications for the 282 social equity cannabis licenses to be awarded in what was to be the first of two such lotteries.
OCM Interim Director Charlene Briner defended the stringent process, which was intended to screen out applicants who failed to meet qualifying standards or provided insufficient documentation, and those who appeared to be trying gain unfair advantage in the process through fraud.
“We saw a couple of hundred applications that were virtually identical, including the business plans and the projected profits for the first year,” Briner said. “There were multiple people with the same address. They were using a domain name that is unregistered and inactive. Some have a phone number that ties back to the same individual.”
But many rejected applicants complained that OCM did not inform them why their applications were rejected, and with no option to appeal the decisions, many turned to the courts for resolution.
Ramsey County District Court Judge Stephen Smith granted a motion by applicants Cristina Aranguiz and Jodi Connolly to delay the lottery. They alleged that OCM “arbitrarily and capriciously” denied their applications without explanation while allegedly allowing other applicants to revise their submissions.
The lawsuit and subsequent court filings revealed allegations of fraudulent schemes involving the applicants. Attorney General Keith Ellison claimed that Aranguiz and Connolly participated in a “straw applicant scheme” to flood the lottery with over 200 related applications. According to Ellison, the applicants were connected to an Iowa cannabis operator, Tate Kapple, who reportedly orchestrated the submissions using the same email domain, mncanna.org.
Ellison’s filing alleged that applicants signed agreements to sell their licenses to Kapple for $100,000 if selected in the lottery. Aranguiz, however, denied the allegations, calling herself a “legitimate applicant.”
Smith ruled in favor of the motion to give appellate courts the time to consider all the issues.
“There’s no lottery tomorrow,” Smith stated during a virtual hearing, stating that OCM could appeal the decision. Assistant Attorney General Oliver Larson warned that a prolonged delay might force the agency to abandon the social equity lottery entirely.
OCM issued a brief press release defending the review process.
“While we are disappointed by the decision to prevent OCM from moving forward with the license preapproval lottery tomorrow, we stand by the process used to review applications,” the release said. “Minnesota’s approach has always aimed to protect the integrity of a social equity license, and the rigorous review also allowed us to identify and prevent bad actors from entering the system. State statute sets high standards for applicants to successfully complete applications while also filtering out those with malicious intent.”
The social equity lottery was designed to provide an early advantage to veterans, residents of high-poverty areas, and those harmed by marijuana prohibition. Successful applicants would receive preapproval licenses, enabling them to jumpstart their businesses ahead of the broader licensing process next year.
Timeline challenge
The delay poses risks to Minnesota’s cannabis supply chain, which is already under pressure to prepare for the industry’s official launch next year. The lottery was intended to preapprove licenses for 182 cultivators who could begin growing marijuana immediately to provide cannabis to licensed retailers.
OCM spokesman Josh Collins minimized the impact of the delay, noting that early cultivation under the social equity licenses “would have only provided a fraction of the anticipated supply to meet demand.”
Nonetheless, the delay in the social equity licensing program undermines the program’s ability to provide a meaningful head start for marginalized communities.
OCM has warned that the delay will incur additional costs – estimated at $100,000 for the initial lottery – and could jeopardize its ability to conduct the process altogether. The agency has also expressed concern that the delay could diminish the benefits for the 648 social equity applicants who were approved to participate in the lottery.
Despite the challenges, OCM officials said that they remain focused on launching the broader licensing process early next year.
Meanwhile, individuals can grow small amounts of cannabis for personal use or can purchase cannabis products from already operating tribal dispensaries. The Bois Forte band is completing work on its new cannabis dispensary and may open for business before the end of the year.

MinnPost contributed to this article