Last week, Jerry Cox who heads up the Family Council held a press conference about dispensaries where he displayed a cardboard cut out of one MedBox's controlled storage units adorned with a marijuana plant.
And that's what triggered the lawsuit.
The Family Council is trying to frame the debate as a back door attempt to legalize pot in the Natural State. At last week's press conference, it likened marijuana dispensaries to vending machines if Issue Five is approved by voters.
"It's clearly defamatory...defacing the product by putting a marijuana leaf on it, giving it the flavor it's some sort of a hippie product or nefarious in some way and that's not it at all," said John Holleman, a Little Rock attorney representing MedBox.
Medbox's units are only used in hospitals, nursing homes and medical offices and only qualified medical professionals can access the medicines stored in those units through fingerprint scans and an electronic card key, Holleman said.
Cox would not comment on the lawsuit but says the case does not detract from his organization's stance that Issue Five will open the door to unrestricted use and growth of marijuana.
Medbox, Inc.is also suing for copyright and trademark infringement.
Holleman says his firm has not yet come up with a dollar figure on the damages Medbox will seek but they are filing a temporary restraining order in federal court to stop Cox's organization from using images Medbox's logo and units in their political campaign.
The company's corporate headquarters is in Los Angeles, California.