Lawsuit challenges legalities of medical marijuana ordinances passed by Broken Arrow

A local business owner is taking aim at the city of Broken Arrow’s new medical marijuana restrictions. (KTUL)

BROKEN ARROW, Okla. (KTUL) -- A local business owner is taking aim at the city of Broken Arrow’s new medical marijuana restrictions.

It took years of planning and thousands of dollars invested, but if Broken Arrow’s new ordinances stand, Austin Miller could lose everything.

“It’s going to destroy my business," said Miller.

A business that Miller has worked hard to see happen, but now, the city is standing in his way.

“And I don’t feel like they can do this, so for me to proceed forward with any kind of business at all, I feel like this has to be taken care of," said Miller.

He and his attorney Ron Durbin are filing a lawsuit today over the city’s three new ordinances for medical marijuana businesses.

“They’ve enacted ordinances that conflict with the intent and the equal protection of 788," said Ron Durbin.

Specifically, the ordinances dictate where a dispensary can be and how they can grow their marijuana, plus they impose an annual $2,500 permit fee.

“This struggle that we’re fighting here is the same struggle that was fought when 3.2 percent beer came to the state of Oklahoma," said Durbin.

Miller says his business, called Cloudi Mornings, is a dream he wanted to start after his own near-death accident.

“A couple of years ago, I had a motocross accident and suffered a traumatic brain injury and suffered stroke symptoms in my right side, and medical marijuana and CBD has relieved me of all neurologist prescribed medications, and I'm back," said Miller.

He says he’s playing by the book with his business.

“I was awarded my license from the state. I have also registered with the Bureau of Narcotics and Dangerous Drugs," said Miller.

RELATED I Oklahomans start training to open medical marijuana dispensaries

It's a clear business model with a cloudy future.

“We already have these things in place, let's just use what we have, equally apply the law to these businesses," said Durbin.

Miller’s attorney has filed an emergency injunction so that these ordinances cannot be enforced.

The City of Broken Arrow declined to comment today.

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