In a letter sent to nearly 200 New York Conditional Adult-Use Retail dispensary license holders, the Office of Cannabis Management (OCM) Acting Director Felicia A. B. Reid Esq. said that the businesses’ location “is in violation” of the state’s cannabis law.
“I am keenly aware that this information will have repercussions for you, your business, and your community. You have poured your energy, time, savings, dedication, and heart into the promise of New York’s cannabis industry. To give you this news, and for the weight of it, I am incredibly sorry.” — Reid in the letter
The letter notes that while the business is “not presently required to change” location, it “will become an issue at the time of license renewal.”
“OCM cannot use the past unlawful standard of review to consider a license upon renewal,” the letter states.
The letter adds that OCM and the Governor’s Office “will be proposing and aggressively pursuing legislation to address licensees whose businesses are at locations in conflict” with the state’s adult-use cannabis law and that the “legislation would permit licensees to remain at their present licensed location.”
“While this may not fully alleviate all burdens that you may face due to this change,” the letter adds, “I hope that it is a solid first step in re-establishing trust between you and OCM.”
State law prohibits dispensaries within 500 feet of a school’s property line and 200 feet of a church’s property line, but, according to City and State New York, an internal review of OCM’s practices found that a misapplication of local zoning codes saw regulators misjudge distances by measuring from a school’s entrance rather than from its property line. OCM ultimately found that 105 retail dispensary license holders would be affected, 53 of which are located in New York City. Forty-three of those 105 licensees aren’t operational yet, and another l7 license applicants are also expected to be affected.
