A gaggle of marijuana dispensaries in New York sued the state on Friday after hashish regulators admitted they by chance allowed pot retailers to open too shut to varsities, placing the way forward for the companies in jeopardy.
The lawsuit asks a state Supreme Courtroom choose in Albany to rule that the marijuana retailers’ areas stay authorized and to stop the state from taking any enforcement motion in opposition to them.
The case got here a number of weeks after the state’s authorized marijuana workplace instructed about 150 present or proposed hashish retailers that regulators had been misreading a state legislation that requires dispensaries to be a sure distance from faculties.
Within the roughly three years because the state began licensing authorized hashish shops, officers have been assembly a requirement that dispensaries be 500 ft (152 meters) away from the closest faculty by measuring the space from the college’s door to the door of the enterprise.
The state now says the legislation really requires them to measure from the college’s property line.
About 60 retailers have been licensed and opened below the inaccurate measurement system, state officers mentioned, plus round one other 40 which have licenses however have not but opened for enterprise. Then there are virtually 50 different companies which have utilized for licenses and are awaiting last approval from the state.
The dispensaries which might be open have been instructed they’ll proceed to do enterprise for now and function with expired licenses so long as they filed functions for renewal. The state has arrange a fund the place candidates can rise up to $250,000 to assist relocate.
The hashish workplace mentioned it’s urging state lawmakers to craft a everlasting repair to permit the companies to stay of their present areas, however have additionally famous that it’s not assured. The state Legislature is not set to satisfy once more till subsequent 12 months.
A spokesperson with the state hashish workplace declined to touch upon the lawsuit, which was filed by a dozen companies.
The varsity proximity drawback marked the most recent blow to the state’s authorized hashish program, which has been suffering from managerial missteps which have stalled the market, led to authorized challenges and allowed unlawful retailers to flourish.
There are round 450 hashish dispensaries at present open in New York, in response to the state.
