Wirth Law Office Wins Injunction; Entrepreneurs Ready Class Action
A federal court has ordered Oklahoma state agencies to stop enforcing a shutdown order against a licensed cannabis grower, finding that the state likely violated the company’s constitutional rights.
The decision marks a significant development in an ongoing legal battle over how Oklahoma regulates its medical marijuana industry—and whether state agencies can impose requirements that go beyond what the law actually allows.
Wirth Law Office civil rights attorney Dana L. Kurtz represents At Joy Growers LLC in the case.
A press conference will be held Tuesday, March 10 at the firm’s Tulsa office to discuss the ruling and its implications.
Let them Grow: Federal Judge Blocks Enforcement
On February 26, 2026, United States Magistrate Judge Christine D. Little of the Northern District of Oklahoma ordered state agencies to stand down from shutting down At Joy Growers LLC’s outdoor cannabis cultivation operation in Ottawa County.
The court found that the enforcement action threatened to destroy the company’s business and that immediate judicial intervention was necessary to prevent irreparable harm.
Without the injunction, At Joy Growers would likely have lost its entire 2026 outdoor growing season, with estimated losses of roughly $1.6 million in revenue, along with long-standing business relationships.
Judge Little concluded that this kind of harm could not be undone after the fact.
The Dispute Over Certificate of Occupancy Requirements
The Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD) revoked At Joy’s license entirely—including its outdoor cultivation operations.
The agency claimed the company had failed to obtain a Certificate of Occupancy (COO) for two indoor buildings.
But according to the lawsuit, outdoor grow operations are not legally required to have a Certificate of Occupancy.
In fact, the agency’s own written policy from 2023 recognized that outdoor cultivation operations are exempt from that requirement.
The federal court found that the state was attempting to enforce a rule against the company that did not legally apply to its outdoor operation.
Part of a Larger Federal Lawsuit
The case involving At Joy Growers is part of a broader federal lawsuit challenging what plaintiffs describe as a coordinated effort to impose new regulatory barriers on existing medical marijuana businesses.
The case, Splash Farms, Inc. et al. v. State of Oklahoma, includes more than 30 named plaintiffs and seeks to represent a class that could potentially include thousands of licensed medical marijuana businesses across the state.
The lawsuit challenges the state’s retroactive imposition of Certificate of Occupancy requirements, which plaintiffs allege has been used to target businesses that were previously operating lawfully.
Constitutional Rights at Stake
According to attorney Dana Kurtz, the federal court’s ruling sends a clear signal that state agencies must follow the law when regulating businesses.
“This ruling is a critical lifeline not only for At Joy, but also for thousands of other medical marijuana businesses,” Kurtz said.
“If agencies are going to enforce compliance, they must do so evenly, rationally, and lawfully. This decision makes clear that federal courts will intervene when they do not. Politicians in Oklahoma need to understand: you cannot use state agencies as a weapon to destroy legal businesses. The Constitution applies — even in the
About Attorney Dana L. Kurtz
Dana L. Kurtz recently returned to Tulsa to be closer to family after nearly three decades practicing civil rights law. She brings extensive litigation experience to Wirth Law Office and continues to represent At Joy Growers and other plaintiffs as the federal case moves forward.
Case Information
Splash Farms, Inc. et al. v. State of Oklahoma ex rel. Oklahoma Medical Marijuana Authority et al.
Case No. 25-CV-512-CDL
United States District Court for the Northern District of Oklahoma
[Download the US District Court Order (PDF)]
Download the Press Release
Readers and members of the media can download the full press release below.
