New York Supreme Court Judge vacates injunction over low number of cannabis licenses

New York Supreme Court Justice Kevin Bryant recently lifted an injunction that had previously suspended the approval of all state cannabis licenses on August 25. However, only 30 licensees are currently affected by the decision, compared to the nationwide total of more than 400 applications still pending.

“As such, the licenses identified by the Cannabis Administration are considered exempt from the injunction,” Bryant said of his decision.

These 30 licensees have been marked as “ready to open” by both the Cannabis Control Board and the city in which they will operate. According to a PIX11 news report, applicants could potentially be exempted from the restraining order if they need their pharmacy earnings to help financially. “The judge’s August 18 order set out certain factors and our job as attorneys representing CAURD licenses is to ensure our clients are protected and covered by an exemption. So we need to work to ensure they comply with the judge’s order. said Jorge Luis Vasquez, attorney for the Conditional Adult-Use Retail Dispensary (CAURD).

In response to Bryant’s recent decision, the Office of Cannabis Management issued a statement of exceptions for these provisional licensees. “While today’s verdict is a disappointment, we are determined to work with the Cannabis Control Board to find a way forward that does not negate our efforts to create the fairest cannabis market in the country.”

The lawsuit began on August 2, when a group of military veterans filed a lawsuit against the Office of Cannabis Management (OCM) and the New York Cannabis Control Board, alleging that those agencies failed to establish a properly functioning cannabis industry as has been established in the state Policies states Due to the CAURD license, state officials gave priority to applicants with “justice references” over applicants with war veterans.

Originally signed into law by former Gov. Andrew Cuomo in March 2021, the Marijuana Regulation and Taxation Act lists five “social and economic justice” groups that would receive priority in a cannabis license: distressed farmers, individuals living in disproportionate Large areas affected by the War on Drugs live in minority-owned businesses, disabled veterans and women-owned businesses.

The lawsuit includes Carmine Fiore (who served eight years in the Army and National Guard), Dominic Spaccio (who served six years in the US Air Force), William Norgard (a former Army veteran) and Steve Mejia (who served six years in the US Air Force) represented by Clark Smith Villazor attorneys Brian Thomas Burns, Selbie Lee Jason and Patrick Joseph Smith.

According to plaintiff Fiore, he and other veterans helped legalize cannabis, but are now being denied the opportunity to participate in the state’s legal industry and are being “pushed back for a separate agenda,” Fiore told CBS News.

“From the beginning, our fight has been about equal access to this new and growing industry,” the four veterans said in a joint statement. “We look forward to working with the state and court to make the program available to all eligible applicants.”

As a result, on Aug. 7, Judge Bryant issued an injunction preventing the New York City Bureau of Cannabis Management from temporarily approving licenses for new cannabis stores. In an Aug. 18 hearing, Bryant extended the restraining order, saying the CAURD program was “legally compromised” and predicted that the OCM’s decision not to license the experienced defendants caused “irreparable harm.” .

Clark Smith Villazor posted a statement on LinkedIn last week in response to Bryant’s decision. “In today’s ruling in favor of the four disabled veterans of Clark Smith Villazor LLP seeking to enter the burgeoning marijuana retail industry in New York, a New York State Supreme Court judge issued an injunction conditional on processing allegedly unconstitutional marijuana claims adult customers are largely discontinued. “Using Retail Pharmacy Licenses (CAURD) in the Cannabis Industry,” the company wrote Aug. 18 of the ruling. “In a 16-page ruling, Judge Kevin Bryant found that CSV’s customers demonstrated ‘persuasive and persuasive authority’ vis-à-vis state regulators.” The retail pharmacy application period did not open to everyone at the same time, including priority groups like disabled veterans.”

Only 23 licensed cannabis stores are currently open in New York and the decision has halted all progress and is negatively impacting cannabis owners across the state.

Last week, CONBUD CEO Coss Marte told The High Times that before cannabis was legalized in New York, 94% of cannabis-related arrests involved Black and Hispanic residents. “We have paid our contribution. We’ve worn out time, and if there’s one thing we hope the world and the court will know, it’s that like cannabis, we’re here forever and we’ll stay here forever,” Marte said. “We have had the opportunity to be heard and to fight on behalf of all of our CAURD licensees who would suffer irreparable harm if they were banned from conducting their businesses and we are confident and hope that the court will want a speedy resolution, which honors this.” the original promises made to license holders affected by the justice system.”

The Cannabis Control Board is scheduled to hold a meeting on September 12 to vote on state licensing regulations. “I want this to be as simple as possible, I don’t want to waste any time,” said Bryant, who also scheduled the next hearing on the case for September 15.