On August 18, 2023, Justice Bryant of the New York Supreme Court issued a preliminary injunction enjoining New York’s Office of Cannabis Management (“OCM”), for the duration of the lawsuit, from issuing new Conditional Adult-Use Retail Dispensary (“CAURD”) licenses and from processing, approving, or investigating pending CAURD applications and provisional licenses. However, applicants who met all licensing criteria before August 7, 2023, are excepted from the injunction.
Justice Bryant issued the injunction in light of his finding that OCM unconstitutionally limited eligibility for CAURD licenses to “justice involved” individuals while excluding other groups like women-owned and minority-owned business as well as disabled veterans. Individuals from these groups brought the lawsuit on the grounds that OCM’s policymaking violated New York State’s constitution as well as the plain terms of the Marihuana Regulation & Taxation Act (“MRTA”).
The Wagoner Firm continues to monitor this lawsuit and its implications for current and prospective cannabis licensees. If you are concerned on how this lawsuit will affect you or your business, please contact the Firm (518)-400-0995 to discuss further with a cannabis attorney.
Us
ntact Us