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New York Judge Allows Two Dispensaries to Open

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Two cannabis dispensaries will now be able to open in New York after Judge Bryant issued court orders on the matter last week.

New York saw its cannabis licensing process completely halt after Bryant implemented a temporary injunction on New York’s Conditional Adult-Use Retail Dispensary (CAURD) scheme.

The stalling of the process followed a case brought against The New York State Cannabis Control Board (CCB) and New York’s Office of Cannabis Management (OCM) by four service-disabled military veterans who argued that they had been unfairly left out of the first round of awarded licenses.

Currently, around 400 licensees are on hold and waiting to open.

While Judge Bryant initially allowed some exceptions for the licences, he later changed his decision, criticising state regulators for not being organised.

In the latest development, Bryant has now issued two court orders allowing two dispensaries – Kush Culture Industry LLC and ConBud LLC – to open.

The initial order would have enabled all companies that had passed all necessary checks to open by 7 August, however, Judge Bryant has only deemed Kush Culture Industry LLC and ConBud LLC as ready for business.

In the order, Bryant noted that grant exemptions would be given on a case-by-case basis for individual licensees upon proof that licensees met “all requirements for licensing, including but not limited to site plan approval from the CCB and, where applicable, from local municipalities” prior to 7 August,

Bryant wrote: “This Court has reviewed the submissions from both Plaintiff, Respondent and Intervenor regarding the proposed licensee, in particular, the affidavit indicating that the applicant has complied with all applicable requirements for licenses and, although not required by OCM, the further affidavits indicating that inspections have been completed and have confirmed that the location complies with all public health and safety requirements and is ready to become fully operational without significant further construction or expenditures.

“Now, it is hereby ordered, that pending further Order of this Court, the exemption requested in the Order to Show Cause filed by Respondent regarding Kush Culture Industry, LLC, license OCM-CAURD-2022-00173 is hereby granted.”

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