New York’s cannabis regulator on Tuesday voted to settle a federal lawsuit that prevented the granting of dispensing pharmacy licenses in the Finger Lakes area.
The proposed settlement, considered at a Cannabis Control Board meeting, would remove legal hurdles that have slowed the growth of New York’s emerging cannabis market. The state was sued last year by a company owned by a Michigan resident who said the state’s retail license selection process favored New Yorkers over out-of-state residents.
A federal judge issued a temporary injunction in November against licensing in five parts of the state, including Brooklyn. However, in March, the US Court of Appeals for the Second Circuit limited the scope of the injunction to the Finger Lakes area of upstate New York.
The injunction affected the development of pharmacies around New York. Critics also accuse the state of what it calls an overly cumbersome process designed to ensure that previously convicted people and their relatives get their first licenses.
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On January 24, 2023, cannabis flowers will be sold at Smackd’s “pop-up” store in New York. (AP Photo/John Minchillo, File)
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Cannabis Authority General Counsel Linda Baldwin told the board on Tuesday that plaintiff Variscite New York One has agreed to a settlement. She said the agreement will allow the issuance of licenses at Finger Lakes and will also provide licenses to plaintiffs in the future.
The board has approved a resolution to proceed with the settlement, which Baldwin plans to file in court later this week.
State regulators said they would provide No additional details on settlement until it’s done.
A lawyer for Mr. Balisite was called for comment.