Cannabis Conundrum Heads To NY Supreme Court: Lawsuit Seeks To Overturn Impossible-To-Obey Regulation
Just when you thought it was safe to expect the launch of New York’s beleaguered retail cannabis program, another lawsuit has hit the docket of the state Supreme Court.
Gracious Greens, a cannabis retail license applicant, is suing New York’s Office of Cannabis Management (OCM) over a regulation mandating that retail weed shops must be at least 1,000 feet away from each other… but there’s a catch.
Aah, Where Exactly Are The Other Weed Shops?
Gracious Greens (GG), owned by a service-disabled veteran, rightly contends that the OCM does not provide applicants with any way of knowing where other shops are located or planning to open, essentially making it impossible for prospective companies to know if they’re following the rules or not. The basis of the lawsuit, say GG’s attorneys Andrew Schriever and David C. Holland of Prince Lobel Tye LLP, is to overturn the confusing regulation.
Vicious Circle?
Schriever says the OCM is misinterpreting and overly extending the reach of its own regulation. Instead of applying it …