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Lawsuit Continues New York’s Chaotic Cannabis Rollout

By Terry Hacienda, The Fresh Toast on

Published in Cannabis Daily

NYC cannabis dispensaries, exposing New York’s troubled two-year rollout and threatening businesses. The state and city just seems to struggle in rolling out marijuana, now a lawsuit continues New York’s chaotic cannabis rollout. A dozen high-profile cannabis dispensaries in NYC have taken the state to court after regulators admitted they botched a key zoning rule—one which could shutter or displace over 150 legal shops, many backed by social-equity entrepreneurs.  Already the state has struggle with over 1,700 unlicensed dispensaries. Since New York launched its adult-use cannabis program roughly three years ago, licensed dispensaries were told to stay 500 feet away from schools, as measured from their entrances. But in July, the Office of Cannabis Management (OCM) quietly switched to the legally mandated method—measuring from the school property line. The reinterpretation retroactively rendered around 60 open shops, an additional 40 ready-to-open stores, and nearly 50 applicants out of compliance overnight.

Enter the lawsuit. Filed on August 15 in Albany’s Supreme Court, the coalition—including Housing Works Cannabis Co., The Cannabis Place, and others—demands the state halt enforcement, deem their locations legal under the original standard, and stop threatening license renewals and leased spaces. For many plaintiffs, this isn’t just legalese—it’s existential. The majority are BIPOC, women, veterans, and equity program beneficiaries who invested six or seven-figure sums expecting stability. Osbert Orduna of Queens’ The Cannabis Place noted many of them built out stores, hired staff, signed long-term leases, and only now face ruin through no fault of their own. OCM’s acting director, Felicia Reid, has apologized, labeling the error and its impacts serious, and pointed regulators toward lawmakers for a fix. Governor Kathy Hochul has also vowed not to penalize licensees for the agency’s goof and encourages legislators to “grandfather in” existing stores once Albany reconvenes in January. Supporters warn of broader fallout: small-business collapse, loss of trust, and a slide back to illicit markets. One industry critic blasted the mismanagement as the latest episode in a dimly lit rollout—marked by stalled licensing, uneven oversight, and surging unlicensed dispensaries. As New York’s legal cannabis industry stumbles again, the lawsuit lays bare the frail infrastructure behind legalization. For millennial consumers and budding entrepreneurs alike, the saga spells caution: if you’re banking your future on bureaucratic stability, you might want to double-check the fine print—especially when it comes to how you measure school safety.

The Fresh Toast is a daily lifestyle platform with a side of cannabis. For more information, visit www.thefreshtoast.com.

 

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