New York Judge Issues Temporary Ruling for Cannabis Store
On Thursday, a New York judge made a temporary ruling in favor of a legal cannabis shop that was facing a shutdown due to a mistake by state regulators.
Judge Kerri Savona from the Albany Supreme Court issued an interim injunction that safeguards cannabis store operators who have been approved under regulations mandating licensed sellers.
In July, the Cannabis Administration’s office acknowledged that it had wrongly calculated distance requirements using a “door-to-door” measurement method.
Officials clarified that the buffer zone should be based on the school’s “property line” rather than its entrance doors.
This error led a dozen cannabis operators to sue the Office of Cannabis Management (OCM) and the Cannabis Control Board for the abrupt policy change.
Savona’s ruling effectively allows time for Governor Kathy Hochul and the state legislature to amend the law to address the confusion.
The OCM and the state Attorney General Leticia James’ office reportedly did not contest the ruling.
Jorge Vazquez, the lawyer for the plaintiffs, expressed satisfaction with the decision, suggesting that it indicates the concerns of the operators have been acknowledged. He mentioned that “there’s less uncertainty” and welcomed the chance for revisions from Congress.
Cannabis operators also expressed their approval of the ruling. Osbert Ordona, executive director of Cannabis Place in Queens, called it significant, emphasizing the need for the state to adhere to existing rules. However, he noted that this is just a “ceasefire,” anticipating that a final resolution may be necessary next year.
This isn’t an isolated incident; national cannabis regulators have previously found themselves in court together. For example, in 2023, authorities settled a discrimination lawsuit where it was alleged that the state favored a convicted felon over a disabled veteran in the process of issuing a license to sell legal marijuana.
At present, there are 482 licensed marijuana clinics in New York State.
