New York (WBEN) - Expect State-authorized recreational marijuana dispensaries to be licensed to open soon in Buffalo following a court ruling Tuesday that narrowed the scope of a temporary injunction that had halted them because of a legal challenge.
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In a decision, the U.S. Second Circuit Court of Appeals limited the scope of an injunction that had barred the state from issuing licenses to sell marijuana in Western New York and four other regions across the state. The court's decision still leaves the injunction in place for the Finger Lakes region.
The state's Cannabis Control Board has so far allotted just 22 licenses for the entire Western New York region. Tuesday's decision now opens the door for those licenses to be officially awarded, and approved businesses to open stores selling marijuana for adult use.
The injunction, and ensuing delay, had been brought on by a lawsuit that claimed the state's process for awarding licenses was unconstitutional. Those close to the matter say that it is unlikely the lawsuit will continue to be litigated after Tuesday's ruling.
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A federal judge in Albany, New York, in November issued a temporary injunction against the licenses being handed out in those areas, after a lawsuit filed by Variscite NY One. The company, owned by a Michigan resident, is challenging how New York is issuing its licenses.
In designing the New York market, legislators intentionally looked for the first round of licenses to go to those who had pot convictions in their pasts or their relatives, in an attempt to make sure those directly impacted by drug law enforcement had access to the new opportunities.
Variscite's lawsuit, which is ongoing, says that is a violation of constitutional interstate commerce protections.
An email seeking comment was sent to one of the company's attorneys.
In a statement, New York Gov. Kathy Hochul said she was pleased by the decision and “for the first time, New Yorkers in nearly every region of the state will have access to safer, high-quality, adult-use cannabis products.”
The issuing of licenses in nine other regions of the state, including the rest of New York City, were not impacted by the lawsuit or the injunction.