The Ulster County Supreme Court in Fiore et al. v. NYS Cannabis Control Board ("CCB") put a temporary restraining order on the Office of Cannabis Management ("OCM") and CCB from awarding or further processing any more CAURD licenses and/or conferring operational approval upon any more provisional or existing CAURD licensees pending further order.
This case was submitted shortly after the CCB meeting where the Board stated CAURD would be expanded to an additional 200 licenses. Originally, the regulations were planning to award 150 licenses then moved to 300 licenses and now the number sits at 500.
The big issue to follow in this case is whether or not the CCB and OCM violated the Marijuana Regulation and Taxation Act ("MRTA") by not opening the retail application period all at once. A hearing in the case is scheduled for Aug, 11 at 10:00 a.m. at the Ulster County Supreme Courthouse in Kingston, N.Y. Parties in the case have an Aug. 9, 5 p.m. deadline to upload filings before the hearing.
New York Supreme Court Justice Kevin Bryant ruled that without a court order blocking the cannabis licensing program, it appears “that there is genuine urgency and that immediate and irreparable injury, loss, or damage will result” if the licensing program moves forward, his order read.