White couple appeals dismissal of RI marijuana social equity suit

A white California couple challenging marijuana social equity provisions across the country has appealed a recent dismissal of a lawsuit in Rhode Island to a federal appeals court.

The appeal stems from U.S. District Court Judge Melissa DuBose’s Feb. 6 dismissal of a lawsuit filed in May 2024 by Justyna Jensen, a California resident who claimed she intended to apply for a cannabis retail permit in Rhode Island.

The very next day, Justyna Jensen and her husband, Los Angeles-area attorney, Jeffrey Jensen, filed their appeal to the 1st Circuit Court of Appeals.

Serial litigants in marijuana social equity

As MJBizDaily has reported, the Jensens have been involved in similar challenges to marijuana social equity laws nationwide.

Jeffrey Jensen is the attorney of record in several lawsuits filed in New York that are partially responsible for the slow rollout of adult-use marijuana sales in that state.

In the Rhode Island situation, which was first reported by the Providence Journal, Justyna Jensen used a familiar argument: State provisions that grant preference in adult-use cannabis retail licensing to state residents violate the U.S. Constitution.

However, DuBose ruled that, since Rhode Island’s Cannabis Control Commission hasn’t finalized its social equity process, Jensen’s claims aren’t yet “ripe for judicial review.”

On Jan. 28, the week before the Rhode Island appeal, the Jensens gave oral arguments in the 4th Circuit in an appeal of a dismissal of a challenge to Maryland’s laws.

Jensens tried to sell marijuana retail permit

Though the Jensens are increasingly familiar in courtrooms across the country, it’s unclear how serious they are about entering the marijuana industry.

Jeffrey Jensen and his partners in a business Variscite won an adult-use retail license from New York as part of a settlement with the state’s Office of Cannabis Management, then attempted to sell the permit, according to court records.

They’re now pursuing a $375,000 claim against New York.

The $375,000 is the amount by which their sale price was reduced when the buyer of their permit was denied permission to operate in a location in Mount Vernon over New York proximity rules, according to their claim.