A New York Supreme Court judge has granted a preliminary injunction that protects more than 150 licensed cannabis dispensaries from being forced to relocate or shut down after the state’s Office of Cannabis Management (OCM) abruptly changed how it measures distance from schools.
The decision is the first major victory for a coalition of operators, including ConBud, The Cannabis Place, Summit Canna, Hush, High Fade, Housing Works Cannabis Co., and Common Courtesy Dispensary. They sued the OCM in August after regulators admitted what they called a “measurement mistake.”
The Injunction
Signed by Judge Savona, the order blocks the OCM from enforcing its new interpretation and requires the agency to return to its March 2024 guidance, which had been vetted with community input.
The injunction runs through Feb. 15, 2026, covering all license renewal applications due before that date as well as new applications filed by existing licensees. The order can be extended, offering businesses breathing room as the case proceeds.
“This preliminary injunction is a critical safeguard for more than 150 compliant, tax-paying dispensaries across New York,” said Jorge Luis Vasquez Jr., attorney for the petitioners. “The Court has ensured stability while the broader issues are litigated.”
Equity Concerns
The dispute began in July when the OCM said dispensaries must be 500 feet from a school’s property line rather than entrance-to-entrance, as regulators had applied since 2022. That reinterpretation instantly left 152 shops out of compliance.
Nearly 90% of the affected dispensaries are Conditional Adult-Use Retail Dispensary (CAURD) licensees, owned by justice-involved individuals, many of them Black and Latino.
“Disrupting operations at this scale not only harms law-abiding businesses but also drives consumers back to the illicit market, where untested products put public health at risk,” said Matthew Bernardo, president of Housing Works, Inc.
Osbert Orduna, CEO of The Cannabis Place, called the ruling “a unique opportunity …
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Author: Javier Hasse / High Times
