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| 1 minute read

Injunction Remains for the 30 Provisional CAURD Licenses

A Court in New York handed down an order that the injunction remains in place for 30 provision licenses. The Court stated that it is clear the Office of Cannabis Management failed to comply with the Order regarding exemptions to the injunction. The 30 names submitted on the list have not met the necessary approvals by the State or Municipality. It includes licensees who are still finalizing construction and whose post-selection inspections have not been scheduled or completed. It is also clear that an indeterminate number of the sites have not been inspected "to ensure [the site] meets all the public health and safety requirements in the Cannabis Law and associated regulations".

The Court went on to emphasize that under the circumstances, given the conflicting information contained in the affidavits, absent further detailed information from OCM, the injunction regarding any of the identified licensees will not be lifted. Furthermore, OCM was directed to submit "supporting underlying documentation" to accompany any further submission regarding exemptions to the injunction.

It is hard to see how any of the proposed provisional licensees are going to meet the standard set forth by Judge Bryant.  All provisional licenses moving forward will be analyzed on a case-by-case basis.

It is also clear that an unclear number of the sites have not been inspected "to ensure [the site] meets all the public health and safety requirements in the Cannabis Law and associated regulations".

Tags

cannabis, litigation