On August 9, 2023, we wrote about the temporary injunction ordered by Judge Kevin Bryant in New York Supreme Court, County of Albany which occurred on August 7, 2023. That injunction provided, in sum, that the New York Cannabis Control Board (“CCB”) and Office of Cannabis Management (“OCM”) are restrained from awarding or further processing any more Conditional Adult-Use Retail Dispensary (“CAURD”) licenses. They are also constrained from conferring operational approval upon any more provisional or existing CAURD licenses, pending further order of the Court.
On Friday, August 18, 2023, Judge Bryan granted the preliminary injunction (the “Order”) against the CAURD licensing program, finding, inter alia, that the CCB and OCM exceeded their legal authority by creating a new licensing class that excluded specific minorities – namely disabled veterans – who were specifically prioritized in the 2021 state law that legalized recreational marijuana – the Marijuana Regulation and Taxation Act (“MRTA”).
The Order prevents, the OCM and CCB from further processing or awarding more CAURD licenses. The Order provides an exception for many of the CAURD licensees who have already passed basic inspections and are ready to open.
The Order had the following implications:
It prohibited the OCM and CCB from
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