Harlem wants to open the first legal pharmacy

It’s a celebratory time in one of New York City’s most historic neighborhoods, which is set to open its first legal marijuana dispensary next week.

The dispensary known as Gotham Buds has scheduled a “tentative opening” on September 5 at its location directly across from the iconic Apollo Theater, according to CBS New York.

The local news station noted that the opening of the store had met “some resistance from the community”.

A Harlem-based business group called the 125th Street Business Improvement District filed a lawsuit in the New York Supreme Court in April, alleging that “the trial was conducted in secret to avoid community opposition.”

“We took this action to really provide transparency and create a channel of communication to understand why this location is,” said Mukaram Taheraly, chairman of the 125th Street Business Improvement District at the time, quoted by CBS New York.

The broadcaster said it was “the first case challenging state regulators’ process for selecting dispensary locations” and that the lawsuit “accuses the state of violating its own law that allows a dispensary to be located within a radius of 500 feet from a school, with Touro College, where seniors are taught, just a few doors away.”

But in a statement this week ahead of Gotham Buds’ scheduled opening, the 125th Street Business Improvement District suggested a more welcoming touch.

“We want all of our businesses to thrive in Harlem, so we will do everything we can to help make this a success for Gotham Buds and our community,” the group said, according to CBS New York.

New York legalized recreational cannabis for adults in 2021 when then-Governor Andrew Cuomo signed into law a measure.

Many parts of the law went into effect immediately, most notably the provision that allowed people over the age of 21 to have weed in their possession and smoke it anywhere smoking is legal.

After Cuomo resigned in August of that year amid allegations of sexual misconduct, he was succeeded by Kathy Hochul, who made getting the regulated marijuana market up and running a priority.

Last December, the state’s first legal marijuana dispensary opened in Manhattan’s East Village.

“We set the stage just nine months ago to put the New York City adult cannabis market on the right track by prioritizing equity, and now we are achieving that goal,” Hochul said in a statement at the time. “The industry will continue to grow from here, creating inclusive opportunities in every corner of New York State, with proceeds going to our schools and revitalizing communities.”

As part of an unprecedented social justice initiative, at least the first 100 dispensary licenses issued in the Empire State will be awarded to individuals with prior cannabis-related criminal convictions.

“New York State is making history by launching a unique approach to the cannabis industry that takes a major step forward in righting the wrongs of the past,” Hochul said in her announcement of the initiative last year. “The rules proposed today by the Cannabis Control Board will prioritize local farmers and entrepreneurs, creating jobs and opportunity for communities that have been excluded and left behind. I am proud that New York will be a national model for the safe, just and inclusive industry we are now building.”

Known as the Seeding Opportunity Initiative, the program “guarantees support for prospective capital applicants and ensures early investment in communities hardest hit by disproportionate enforcement of cannabis prohibition,” the governor’s office said at the time.

“Our state’s cannabis law sets a high goal for creating an equitable industry that puts New Yorkers first,” Tremaine Wright, Chair of the Cannabis Control Board, said in the announcement at the time. “The Seeding Opportunity Initiative puts us on the path to achieving that goal and hopefully provides a way for us to achieve those goals while building a resilient market. I am grateful for the support of Governor Hochul and the Legislature, which has enabled us to get this initiative off the ground quickly, build a supply chain from our farmers to equity and retailers, and generate the resources to help revitalize the Communities harmed by disproportionate enforcement of cannabis prohibition.”

The granting of pharmacy licenses has so far been delayed by legal challenges. In a lawsuit filed earlier this month, a group of military veterans questioned the policy of issuing licenses to criminals. As a result of the lawsuit, a New York judge extended an injunction granting additional cannabis dispensary licenses until the matter is resolved.

“That leads to not being late to the party or possibly being dropped out of the case,” Brian Burns, an attorney for the plaintiffs, said earlier this month.

“I don’t think you can quantify the impact of exposure to an unconstitutional program on an individual,” Burns added.