News File Photo A sign advertising Alpena business Neighborhood Provisions appears in this March 2022 News archive photo.

ALPENA — Alpena cannabis shop owner Kevin Currier says the city has no right to order him to stop curbside delivery of his product.

Last week, Judge Ed Black in Alpena’s 26th Circuit Court said he needed more information to decide whether an Alpena ordinance forbids Currier’s store, Neighborhood Provisions, and other marijuana shops from providing curbside delivery.

In August, city officials sent Currier a letter ordering him to stop such delivery immediately, saying it violated a requirement that all business operations of a marijuana facility or establishment occur indoors.

The business suspended curbside delivery, though Currier disagreed with the city’s interpretation of its ordinance, said attorney Denise Burke, representing Currier.

Bill Pfeifer, Alpena city attorney, could not be reached for comment.

Currier said in a motion filed in court last month that, while the business delivered items to customers’ vehicles parked outdoors, all related business transactions take place indoors.

Employees completing pickup orders collect credit cards from curbside customers and run the actual financial transaction inside, or customers may pay online, Burke clarified, comparing the process to that commonly used at pharmacies.

Products packaged in the store for carryout orders cannot be consumed in the customer’s vehicle, as state law forbids outdoor use in most circumstances.

When conversations with city officials didn’t resolve their conflicting interpretation of the ordinance, Currier filed the motion — not a lawsuit — to ask the courts to clarify the ordinance language in hopes of returning to curbside service faster, Burke said.

Curbside service benefits elderly or mobility-challenged people, cancer patients, people with immunodeficiencies or anxiety, and “community dignitaries who don’t want to be seen by the public,” Currier said in his motion.

Black will hear arguments from attorneys for Currier and the city at a hearing scheduled for Nov. 28.

The state’s Cannabis Regulatory Agency in March OK’d curbside and drive-thru service at marijuana stores, with municipal approval.

Neighborhood Provisions is licensed by the state for home delivery, as are Consume Cannabis in Harrisville and Meds Cafe near Rogers City.

Julie Riddle can be reached at 989-358-5693, jriddle@thealpenanews.com or on Twitter @jriddleX.