They would have to argue before the court this pre

They would have to argue before the court this precedent might apply. There is nothing illegal about a go cart, there is about beginning a grow op for mj in the absence of permission to commence. What is the commence date. The date the company stated their intention or the date HC granted the license. This prohibition is in place prior to the license being granted for an otherwise controlled substance, an illegal one.

I am not arguing against the company being granted the right to grow - it is a fascinating legal argument because perhaps for the first time, we are not arguing for a legal activity, a go cart track, but for an illegal substance that is illegal outside of a license to grow and to use. New case law may be written here.