Close Menu
  • Home
  • News
  • Lifestyle
  • Law
  • Business
  • Education

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025
Facebook X (Twitter) Instagram
Saturday, May 31
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions
Facebook X (Twitter) Instagram LinkedIn VKontakte
Smoke Professional
  • Home
  • News

    More Than 1,000 Arrested in Sweep of U.K. Weed Grows

    July 8, 2023

    Scotland Calls On UK To End ‘Failed’ Drug War With Decriminalization And Harm Reduction Approach

    July 8, 2023

    Germany’s draft law for first phase of cannabis reform

    July 8, 2023

    High Times Cannabis Cup Illinois: People’s Choice Edition 2023 Kicks Off

    July 8, 2023

    Pennsylvania Committee Advances Expansion to State Medical Cannabis Program

    July 7, 2023
  • Lifestyle

    How Watching the News Can Trigger Anxiety and Panic Attacks

    October 28, 2024

    Record High Cannabis and Hallucinogen Use Among Adults

    October 27, 2024

    Weekend Sleep Catch-Up May Lower Heart Disease Risk by 20%

    October 27, 2024

    Energy Drinks Linked to Poor Sleep Quality and Insomnia

    October 26, 2024

    First Psychedelic Church for Magic Mushrooms

    October 26, 2024
  • Law

    Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

    May 30, 2025

    Federal Lawmakers Call for Medicaid Fraud Investigation Into Florida Anti-Cannabis Political Group

    May 26, 2025

    Minnesota Ends Criminal Penalties for Bong Water

    May 23, 2025

    Minnesota Bill to Set Up Adult-Use Cannabis Industry Moves to Governor

    May 22, 2025

    Pennsylvania House Passes Cannabis Legalization Bill

    May 8, 2025
  • Business

    U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

    May 29, 2025

    Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

    May 28, 2025

    Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

    May 28, 2025

    Washington to Issue New Social Equity Cannabis Licenses This Summer

    May 27, 2025

    DEA Raid Confiscates Over 29,000 Cannabis Plants in New York

    May 26, 2025
  • Education

    CBD and the Aging Population—What Science Says Today

    March 12, 2025

    Wholesale Nootropic Skincare: Boost Your Product Line

    March 10, 2025

    Ideal for Your Business Needs

    March 8, 2025

    A Must-have For Every Smoke Shop

    March 3, 2025

    The Perfect Addition to Your Product Line

    March 1, 2025
Smoke Professional
You are at:Home»Law»New York Cannabis Litigation – There’s More!
Law

New York Cannabis Litigation – There’s More!

adminBy adminMarch 18, 2023No Comments4 Mins Read
Facebook Twitter Pinterest LinkedIn Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

Here comes more New York cannabis program litigation.

After one lawsuit halted a significant portion of New York Conditional Adult Use Retail Dispensary (CAURD) program, a new lawsuit filed on March 16, 2023 by the Coalition for Access to Regulated & Safe Cannabis against the Cannabis Control Board (CCB), Office of Cannabis Management (OCM), CCB Chairwoman Tremaine Wright and OCM Executive Director Chris Alexander seeks to abolish the CAURD program in its entirety and open the retail dispensary application portal now.

As first reported by Brad Racino of NY Cannabis Insider, the coalition includes several New York registered organizations (i.e. medical cannabis providers), including Acreage Holdings, PharmaCann, Green Thumb Industries and Curaleaf, two potential retail dispensary applicants and a medical cannabis practitioner.

Here’s what the “petitioner” is requesting from a legal perspective:

  • a judicial declaration that the OCM’s creation of the CAURD program exceeded the OCM’s authority under New York’s constitution (i.e. abolishing the CAURD program completely);
  • a judicial order requiring the CCB and OCM to open the adult-use retail dispensary application window immediately (i.e. letting anyone apply now); and
  • a judicial order requiring the CCB and OCM to take action to stop illicit and unlicensed cannabis businesses.

Here’s the fulcrum of the policy argument (setting aside the technical constitution and procedural argument):

“Defendants-Respondents’ arbitrary and capricious foray into legislative policymaking has (i) harmed those individuals the MRTA was designed to benefit (e.g., veterans, women-owned businesses, distressed hemp farmers and those communities most affected by the War on Drugs to name just a few), and (ii) diverted Defendants-Respondents’ attention from the enforcement tasks with which the MRTA entrusts them. As a result, Defendants-Respondents have allowed New York’s illicit market to flourish, putting medical patients and adult-use consumers at risk and robbing communities impacted by the War on Drugs of critical tax revenue. Thus, as of this writing, only four licensed adult-use retail dispensaries are open in the entire State of New York.11 Meanwhile, thousands of illicit retailers are selling unregulated, untested, and untaxed cannabis products of questionable origin and dubious safety across the State. In fact, it is estimated that there are 1,400 stores retailing illicit cannabis in New York City alone.”

The petition also takes the OCM and CCB to task for their alleged practical failures to establish New York’s legal adult-use cannabis industry:

“In short, OCM and CCB have failed to fulfill their principal responsibility under the MRTA. Instead, Defendants-Respondents have (i) taken twenty months to propose a set of regulations for the adult-use marketplace and still have not finalized or promulgated them; (ii) routinely violated – and continue to violate – the State Administrative Procedure Act by governing through an ever-changing set of guidance documents to regulate cultivators and processors because final rules still do not exist; (iii) licensed only sixty-odd CAURD dispensaries – only four of which have opened; (iv) promised to provide CAURD licensees state-subsidized real estate and government loans but it has delivered neither; (v) induced New York’s conditional adult-use cannabis cultivators to grow 350,000 pounds of flower in 2022 without creating an adequate retail infrastructure to sell it; and (vi) waged a thinly veiled attack against the registered organizations that has harmed – and continues to harm – the existing medical market and threatens to impede their expansion into the adult-use market.”

There is obviously a lot to unpack here, but it’s not particularly surprising that New York cannabis industry stakeholders are taking action to try to move the licensing process forward. With the full application portal still closed and no clear indication on when it will open, this litigation was an obvious (and potentially the only option) to force the OCM and CCB to take action. Stay tuned!

Source link

cannabis Litigation York
Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
Previous ArticleWhat is Water-based Vaping?
Next Article Announcing the High Times Cannabis Cup New Mexico: People’s Choice Edition 2023
admin
  • Website

Related Posts

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025

Comments are closed.

Our Picks

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025

Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

May 28, 2025
  • Facebook
  • Twitter
  • Pinterest
  • Instagram
  • YouTube
  • Vimeo
Don't Miss
Law

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

By adminMay 30, 20250

Republican lawmakers in Ohio are seeking to make changes to the 2023 cannabis legalization law approved…

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025

Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

May 28, 2025

Subscribe to Updates

Get the latest creative news from Smoke Unlimited about Weed & CBD vaping.

From Our Partners
About Us
About Us

Get all the current news stories, latest trends and legislation regarding cannabidiol, products, usages and its benefits. So don’t miss out any buzz and stay tuned! We offer a minute to minute updates regarding Marijuana industry.

Facebook X (Twitter) Instagram Pinterest
Our Picks

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025
Sponsors
Copyright © 2025. SmokeProfessional
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions

Type above and press Enter to search. Press Esc to cancel.