MENOMINEE, Mich. (WLUC) – Puff Cannabis’s lawsuit against the city of Menominee will not move forward, after a judge ruled the lawsuit did not have legal grounds to continue.

Puff Cannabis filed a lawsuit against the City in September of last year after voters capped the number of dispensary licenses in Menominee to 9 during the November 2025 election. At the time, Puff had filed an application to operate in the city but hadn’t yet opened the location.

A written decision issued Wednesday by the 41st Circuit Court says the city of Menominee filed a motion for a summary disposition seeking dismissal of the lawsuit against it. In a summary disposition, a judge considers only factual pleadings from both sides and makes a decision without the case proceeding to trial.

Judge Mary Barglind granted the summary disposition, siding with the city in her decision to dismiss the case. Her decision was based ultimately on waiver language in the application Puff Cannabis filed with the city which barred them from seeking legal recourse.

In the decision, Barglind details that Puff Cannabis first filed an application to operate in the city under the name First Class Cannabis Co. in December 2024. There was no waiver language in that application, which the city approved. This was also before voters chose to limit the number of marijuana licenses issued in the city. Therefore, the application was approved by the City Manager.

However, in February 2025, the cannabis company submitted a second application because it had changed its name to Puff Cannabis Co. That application did include waiver language. Additionally, the city voted that November to change its ordinance.

Puff argued that it had received written assurance from the Menominee City Manager that the second application with the waiver in it was not considered a new application and, for that reason, the waiver language shouldn’t apply.

Barglind dismissed this claim, however, saying there was nothing in the communication with the City Manager that would void the waiver language included in the second application.

Puff Cannabis also argued that the waiver provision was unenforceable under the doctrine of unconstitutional conditions. That doctrine states a government entity cannot ask an individual to waive their constitutional rights for public interest. Barglind says there was nothing in the waiver that supported a conclusion that the waiver is against public interest.

While Barglind has issued a decision, Puff Cannabis could appeal the ruling.

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