Court Ruling Protects NY Cannabis Retailers from Disruptive Location Rule
Background
On Wednesday, September 24 th , the New York State Supreme Court, Albany County, issued a major win for cannabis retailers. The Court granted a preliminary injunction blocking the New York State Cannabis Control Board (CCB) and the Office of Cannabis Management (OCM) from enforcing a new rule that would have forced dispensaries to measure their distance from schools using property lines instead of entrances.
Had this rule taken effect, 44 applicants and 108 licensees could have been forced to abandon their current locations—delaying approvals, jeopardizing renewals, and driving up costs. Instead, the Court confirmed OCM’s 2024 guidance: dispensaries must be more than 500 feet from a school entrance, measured from the center of the school entrance to the center of the dispensary entrance.
The ruling protects existing licensees and applicants with submissions or renewals through February 15, 2026, allowing businesses to move forward without unnecessary disruption. While a permanent solution is pending, this decision offers immediate relief and stability for the industry. At The West Firm, we have deep experience in cannabis and administrative law. If you have questions about licensing, compliance, or how this ruling impacts your business, our attorneys are here to help.
Contact us today to protect and grow your cannabis business. The West Firm represents business owners in the cannabis industry in their continued efforts to meet the needs and safet of the communities they support.
.png?content-type=image%2Fpng)