A district judge said Minnesota’s Legal Marijuana Now Party did not meet the legal requirements to maintain its status as a major party in the state, siding with a petition from the DFL Party that seeks to undo its major party status ahead of the 2024 primary and general elections.

Judge Edward Wahl issued recommendations on Wednesday to the Minnesota Supreme Court, which will make the final decision on whether to grant the petition.

The DFL filed the petition in February, alleging the Legal Marijuana Now Party (LMNP) failed to hold the required number of conventions in 2022 to be a major party and didn’t meet leadership requirements across the state. The bar was raised for major parties in a law passed by Democratic legislators last spring.

Dennis Schuller, chair of the Legal Marijuana Now Party, said in a statement that the “legal attacks” are unconstitutional because they’re being applied retroactively.

“Fortunately the Supreme Court, as final judge of the law, must consider its application by the DFL, for political reasons, to eliminate a competitor by any means,” he said. “LMNP isn’t going away, despite threats and insults made by the other major parties. Our candidates will petition again for ballot access, if that’s what we must do.”

DFL Party Chair Ken Martin said he’s pleased with the court’s recommendations “after years of gamesmanship and chicanery.” The District Court’s findings, he added, “make it clear that the Legal Marijuana Now Party is not a major political party and should not be afforded the benefits that come with that status.”

Major parties in the state can have election judges appointed from its members and receive campaign subsidies under the state’s income tax checkoff. Major parties can also submit candidates in the state’s presidential primary election.

But the District Court agreed with the DFL that the Legal Marijuana Now Party did not establish committees or meet leadership requirements under law. The court also found that the party didn’t conduct “any convention for Minnesota’s eight congressional districts and at least 45 Minnesota state legislative districts or counties,” which is required to maintain party status under the 2023 law change.

The Minnesota Secretary of State’s Office rejected the LMNP’s major party status certification twice for failing to meet these requirements. But their certification was approved on the third attempt after they claimed to have held 76 conventions all on the same day within the same hour.

The District Court recommended the secretary of state should “take all appropriate actions necessary to reflect that the Legal Marijuana Now Party is not a major political party in Minnesota” ahead of elections this summer and fall.

The state Supreme Court had asked the District Court to make recommendations after evaluating the legal requirements.

The Legal Marijuana Now Party has been a major party since 2018. Democrats have been critical of the party in past elections, alleging that Republicans recruited candidates to run under their party banner. In several of those close races, Democrats said the LMNP pulled enough votes from their candidates to hand Republicans victory.

The DFL Party said it expects the Legal Marijuana Now Party to object to the District Court’s recommendation.