New York CAURD Lawsuit Stops Dispensaries | Cannabis Lawyer Explains Ruling
#NewYork CAURD Lawsuit Stops Dispensaries | #Cannabis #Lawyer Explains Ruling
We do a deep dive into an issue – and to add a bit of joy to the equation – we play name that strain.
VARISCITE NY ONE, INC.,
STATE OF NEW YORK et al.,
Plaintiff Variscite NY One, Inc. commenced this action on September
Case 1:22-cv-01013-GLS-DJS Document 28 Filed 11/10/22 Page 1 of 29
26, 2022 against the State of New York, the New York State Office of
Cannabis Management (OCM), and the Executive Officer of OCM,
Christopher Alexander, pursuant to 42 U.S.C. § 1983, alleging a violation
of the dormant Commerce Clause. (Compl., Dkt. No. 1.)
Now pending is Variscite’s motion for a preliminary injunction, which seeks an order “restrain[ing defendants] from issuing any cannabis licenses under the
[conditional adult-use retail dispensary (CAURD)] application program held
from August 25 to September 26, 2022, for the following geographic areas:
Finger Lakes; Central New York; Western New York; Mid-Hudson; and
[Brooklyn].” (Dkt. No. 6 at 2; see Dkt. No. 21 at 4 n.2.1) For the reasons
that follow, Variscite’s motion is granted.2
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