A California couple with a track record of challenging marijuana social equity laws nationwide is taking their fight to a federal appeals court. Just one day after a Rhode Island judge dismissed their lawsuit, Justyna and Jeffrey Jensen filed an appeal, continuing their legal battle over cannabis licensing rules that prioritize local applicants.
Legal Battle Moves to Federal Appeals Court
The Jensens aren’t backing down. On February 7, they formally appealed U.S. District Court Judge Melissa DuBose’s decision to the 1st Circuit Court of Appeals. DuBose had ruled on February 6 that Justyna Jensen’s lawsuit wasn’t yet “ripe for judicial review” since Rhode Island’s Cannabis Control Commission had not finalized its social equity licensing process.
Jensen, a California resident, had argued that Rhode Island’s licensing structure—giving preference to state residents—violates the U.S. Constitution. The lawsuit, originally filed in May 2024, was part of a larger effort by the couple to challenge similar cannabis regulations across the country.
The Jensens’ Pattern of Lawsuits
This isn’t their first lawsuit—or their last. Jeffrey Jensen, a Los Angeles-based attorney, has filed multiple cases challenging social equity programs that prioritize applicants from communities disproportionately affected by past drug policies.
- The couple has been involved in legal challenges in New York, where their lawsuits have slowed the state’s rollout of adult-use cannabis sales.
- They recently argued an appeal in the 4th Circuit on January 28, attempting to overturn the dismissal of their lawsuit against Maryland’s cannabis licensing rules.
- Their legal efforts have targeted social equity provisions meant to help minority-owned businesses gain a foothold in the cannabis industry.
Critics say the Jensens are exploiting legal loopholes to weaken social equity programs, while supporters argue they are fighting against unconstitutional restrictions on out-of-state entrepreneurs.
Do They Actually Want to Sell Cannabis?
While the Jensens have fought hard for the right to apply for cannabis licenses, their intentions remain questionable.
In New York, their business, Variscite, secured an adult-use cannabis retail license through a settlement with the state’s Office of Cannabis Management. However, court records show that instead of opening a dispensary, they tried to sell the permit.
Now, they’re demanding $375,000 in damages from New York, claiming that their sale price was reduced when the buyer of their permit was denied a retail location in Mount Vernon due to state proximity rules.
What’s Next for the Rhode Island Case?
The appeal now moves to the 1st Circuit Court of Appeals, where the Jensens will argue that Rhode Island’s licensing process is unconstitutional—even though the state has yet to finalize its rules.
If history is any indicator, this won’t be the last time the Jensens take a cannabis-related lawsuit to court. Whether they’re truly fighting for business opportunities or simply looking for legal settlements remains an open question.