The
lawsuit asks a state Supreme Court judge in Albany to rule that
the marijuana shops' locations remain legal and to prevent the
state from taking any enforcement action against them.
The case came a few weeks after the state's legal marijuana
office told about 150 existing or proposed cannabis shops that
regulators had been misreading a state law that requires
dispensaries to be a certain distance from schools.
In the roughly three years since the state started licensing
legal cannabis stores, officials have been meeting a requirement
that dispensaries be 500 feet (152 meters) away from the nearest
school by measuring the distance from the school's door to the
door of the business.
The state now says the law actually requires them to measure
from the school's property line.
About 60 shops were licensed and opened under the incorrect
measurement system, state officials said, plus around another 40
that have licenses but haven't yet opened for business. Then
there are almost 50 other businesses that have applied for
licenses and are awaiting final approval from the state.
The dispensaries that are open have been told they can continue
to do business for now and operate with expired licenses as long
as they filed applications for renewal. The state has set up a
fund where applicants can get up to $250,000 to help relocate.
The cannabis office said it is urging state lawmakers to craft a
permanent fix to allow the businesses to remain in their current
locations, but have also noted that it is not guaranteed. The
state Legislature isn't set to meet again until next year.
A spokesperson with the state cannabis office declined to
comment on the lawsuit, which was filed by a dozen businesses.
The school proximity problem marked the latest blow to the
state's legal cannabis program, which has been plagued by
managerial missteps that have stalled the market, led to legal
challenges and allowed illegal shops to flourish.
There are around 450 cannabis dispensaries currently open in New
York, according to the state.
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