FK Successfully Represented The Coalition For Access To Regulated & Safe Cannabis In Opening Up The New York Cannabis Market.
This hybrid Article 78 and declaratory judgment proceeding sought to create a market for safe and regulated cannabis in the State of New York. The proceeding alleged that OCM engaged in unconstitutional policy making by promulgating a Conditional Adult-Use Retail Dispensary (“CAURD”) license structure that violated the express terms of the Marihuana Regulation and Taxation Act (“MRTA”) by disregarding the legislation's requirement to provide all applicants equal access to retail dispensary licenses. This ultimately caused the growth of New York’s illicit market and unconstitutionally deprived businesses of access to cannabis licenses they were entitled to under the MRTA. A group of veterans intervened, and eventually joined the lawsuit our clients initiated, echoing the same arguments FK initially made, but also seeking an injunction against the CAURD program. The settlement FK negotiated put New York’s cannabis market on the right track and required OCM to (i) finalize and promulgate adult-use regulations, (ii) open the license application windows to all, rather than a small class of applicants, and (iii) promulgate the transition of medicinal operators for retail licenses. The settlement had a profound impact on the New York state cannabis market, curbing the proliferation of illicit operators and allowing medical operators entry into the adult-use marketplace (in other states, medical operators were amongst the first to enter the adult-use markets).
Team Members: Dave Feuerstein, Matt Schweber, Rich Trotter, Julia Matlin, Seth Fiur, Will Travis, Ameen Khdair, and Christopher Alexander
