On March 29, 2024, Prince Lobel partners Andrew Schriever and David Holland filed a lawsuit in the New York State Supreme Court in Albany County challenging a regulation that requires legal cannabis dispensaries to be certain distances away from each other. The suit alleges that the regulation is void for vagueness under the New York Constitution. It also alleges that the regulation violates local government zoning powers and the Cannabis Law.
The complaint alleges that the regulation makes it nearly impossible for companies to know if they will be compliant with the rules before they lease property and apply for a dispensary application, because the Office of Cannabis Management does not inform applicants where other planned shops will be located. The lawsuit also alleges the Regulation violates the Cannabis Law and New York Constitution, which delegate to local governments the authority to decide where dispensaries are placed.
This lawsuit has gained widespread coverage in an array of publications. Read more about the case in the Green Market Report, Times Union, Benzinga, Peekskill Herald, Law360, and NY Cannabis Insider.
If you are planning to open a dispensary or microbusiness in New York and have lined up property, your location may be jeopardized by the regulation at issue, and this lawsuit provides an avenue to protect your investment. If you haven’t lined up land yet, this lawsuit could impact your land-siting strategy. If you are adversely affected by this regulation, or want to learn more, please contact David Holland ([email protected]) and Andrew Schriever ([email protected]).