SIOUX FALLS, S.D. (KELO) — The company picked to open the dispensary in Minnehaha County has pulled out. Now, a company in one of the backup positions says the license should go to them.

TJ Cameron is the CEO of Shangri-La Cultivation in South Dakota. The business grows marijuana in Brandon and would like the dispensary license. He spoke to commissioners at Tuesday morning’s meeting.

“Shangri-La would like to be on record that we are ready and prepared for our back up application to move forward,” Cameron told commissioners during public input.

Cameron believes his company should be awarded the original license because it is next in line.

He says Genesis Farms was selected in the first and second positions, and Shangri-La was chosen in the third and fourth positions. Since Genesis has pulled out, he believes his company should get the license.

“So our stance is we are still within the first lottery period because that license never opened. Had it opened, the ordinance reads, ‘Once one becomes available…’ I guess our interpretation is that, of course, you would have to do a new lottery. We believe the first lottery was never completed,” said Cameron.

But Minnehaha County Auditor Leah Anderson briefed the county commission on plans to begin the second lottery application process all over.

“Minnehaha County has determined the availability of a medical cannabis license pursuant to ordinance MC60-21,” Anderson told the commission.

Cameron feels that’s unfair. His business is consulting with a lawyer.

The dispensary would be located just off Arrowhead Parkway. Cameron says this whole process is new to everybody, including the county.

“We respect that the county was learning this process alongside many applicants,” Cameron said.

However, according to county commission chair Jean Bender, the county knows precisely what it is doing, and its position is the first license was abandoned by Genesis Farms and is no longer available. So, a new application process is needed.

At this point, the new application process gets underway on October 10. Businesses must put up a $100,000 license fee, which is refundable to applicants who are not awarded the license.