News & Analysis as of

New York Cannabis-Related Businesses (CRBs)

Harris Beach Murtha PLLC

Federal Court Rules NY Cannabis Licensing Preference for In-State Convictions is Unconstitutional

On August 12, 2025, the U.S. Court of Appeals for the Second Circuit ruled that New York’s adult-use cannabis licensing scheme, which gives “Extra Priority” to applicants (or certain relatives) with New York State marijuana...more

Falcon Rappaport & Berkman LLP

Judge Strikes Down Long Island Dispensary Zoning Restrictions – More to Come?

A recent decision in the New York State Supreme Court has significant implications for the local regulation of adult-use cannabis dispensaries in New York. Tink & E. Co. (hereafter, “Tink”), an adult-use retail dispensary...more

Falcon Rappaport & Berkman LLP

Too Close for Comfort: OCM’s School-Distance Mistake Puts 100+ Dispensaries at Risk

In a shocking announcement, the New York Office of Cannabis Management (OCM) informed 108 adult-use dispensary license holders, including 89 in NYC, that the current locations of their dispensaries are in violation of the...more

Shipman & Goodwin LLP

A New Challenge to Mandatory Labor Peace Agreements Is Filed While Another Is Dismissed

Shipman & Goodwin LLP on

On April 14, 2025, a cannabis retailer filed suit to challenge the provision of New York’s cannabis law that requires licensed businesses to maintain labor peace agreements with their workers. The New York lawsuit asserts...more

Mandelbaum Barrett PC

New York’s Cannabis Regulations: Understanding the Amendments to Proximity Requirements and Public Convenience and Advantage Rules

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New York’s Cannabis Control Board (“CCB”) amended its cannabis regulations to refine licensing criteria, adjust distance restrictions, and strengthen public convenience and advantage considerations. These amendments aim to...more

Harris Beach Murtha PLLC

NY Office of Cannabis Management Launches Banking Directory to Support Cannabis Businesses

The New York State Office of Cannabis Management (“OCM”) recently announced it has created a Cannabis Banking Directory (the “Directory”), which currently lists 10 financial institutions servicing cannabis businesses and open...more

Husch Blackwell LLP

Cannabis Law Now Podcast: New York Cannabis: Ups, Downs, and In Between

Husch Blackwell LLP on

New York’s adult use cannabis roll out has been rocky at best. However, there are still business opportunities to be had. In this episode of the Cannabis Law Now podcast, we hear from Greg Wersching, the Vice President of...more

Falcon Rappaport & Berkman LLP

Hochul Signs Law to Revive Cannabis Farmers’ Markets (Growers’ Showcases) via New Event Permit

Heading into 2025 New York Governor Kathy Hochul signed two new cannabis related bills, one of which would bring back the previously discontinued Cannabis Growers’ Showcase program, effectively allowing adult-use cannabis...more

Mandelbaum Barrett PC

NY Court Again Enjoins Cannabis Licensure Due to OCM’s Errors in Program Administration

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On December 12, 2024, the New York Supreme Court in Albany County granted an Article 78 petition seeking a preliminary injunction in the case of Organic Blooms, LLC, et al. v. New York State Cannabis Control Board and Office...more

Harris Beach Murtha PLLC

New Cannabis Litigation Questions New York’s Compliance with Governing Laws

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A new lawsuit recently commenced within the Onondaga County Supreme Court alleges the New York State Office of Cannabis Management (“OCM”) and the New York State Cannabis Control Board (“CCB”) have allegedly handled New York...more

Harris Beach Murtha PLLC

Due Process Arguments in NY Illicit Cannabis Shop Closures May Be Resurrected

Harris Beach Murtha PLLC on

Two recent Queens County Supreme Court decisions have shed new light on a business’s due process rights in the circumstance of alleged illicit cannabis sales, store closures and Operation Padlock. Operation Padlock is a...more

Foley Hoag LLP - Cannabis and the Law

New York Finally Re-Opens Cannabis Application Round for Brand Licensing

New York is unique among state-regulated cannabis markets for a host of different nuances and complexities, but among them is the Type 3 – Processor Branding License, which provides, among other things, that third-party...more

Vicente LLP

New York Accepting Cannabis Business Applications for Adult-Use Processor Type 3 Branding Licenses

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The Adult-Use Processor Type 3 Branding license (Brand License) authorizes the license holder to market their brand(s) in New York State's adult-use cannabis market by entering into white labeling agreements with other...more

Foley Hoag LLP - Cannabis and the Law

New York Promulgates Interim Guidance on Changes of Ownership and License Amendments

The New York Office of Cannabis Management (“OCM”) has promulgated interim guidance identifying how it will address changes of ownership and other license amendments. While many have criticized the OCM for delays in...more

Harris Beach Murtha PLLC

NY’s Crackdown on Illicit Cannabis Shops Also Hurting Legitimate Businesses

New York’s recent crackdown on illicit cannabis retailers is achieving its goal of aiding legal cannabis operators, but those being targeted are saying the state is violating their right to due process and killing legitimate...more

Foley Hoag LLP - Cannabis and the Law

New York Improves Cannabis Advertising Rules

New York’s Cannabis Control Board (“CCB”) proposed amendments to cannabis advertising and marketing rules and regulations. If approved, these new rules and regulations could expand the way cannabis dispensaries use...more

Harris Beach Murtha PLLC

New Marketing and Advertising Rules for New York Cannabis Retailers

New York’s Cannabis Control Board recently approved new rules around cannabis marketing and advertising in a bid to provide legal marijuana operators an advantage over illegal operators. The new rules, which are subject...more

Harris Beach Murtha PLLC

New York’s Crackdown on Illegal Cannabis Sellers Faces Federal Lawsuit

Less than two months after the state unveiled several initiatives to crack down on illegal cannabis sellers, a group of New York City shop owners has filed a class-action lawsuit, claiming the heavy-handed tactics violate...more

Davidoff Hutcher & Citron LLP

Clearing the Cloud: 3 Crucial Steps for Dispensary Entrepreneurs to Master NY’s Adult-Use Cannabis Regulations

Key Takeaways: • The initial application windows for New York’s general adult-use cannabis licenses closed on November 17, 2023, for applicants who could demonstrate location control (evidenced by a signed lease or deed...more

Mandelbaum Barrett PC

Albany County Supreme Court Invalidates New York State Cannabis Regulations

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In a stunning turn of events, an Albany County Supreme Court judge has delivered a groundbreaking decision, invalidating all New York State regulations for adult-use cannabis. The ruling, which deems the regulations arbitrary...more

Harris Beach Murtha PLLC

NY to Get Aggressive with Illegal Cannabis Shops to Help Legal Retailers

Saddled with court challenges slowing the rollout of its legal cannabis program, New York now wants to move fast when it comes to the illegal marijuana market. Gov. Kathy Hochul recently unveiled several initiatives to...more

Harris Beach Murtha PLLC

Judge Strikes Down New York’s Cannabis Marketing Rules

In a sharp rebuke to New York’s Cannabis Control Board, state Supreme Court judge Kevin R. Bryant dealt a blow to the adult-use cannabis industry when he issued a decision in Leafly Holdings, Inc. et al. v. NYS Office of...more

ArentFox Schiff

New York Cannabis Regulations Are (Initially Ruled) Unconstitutional, Says New York Judge

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New York Supreme Court Justice Kevin Bryant recently ruled that all New York State cannabis regulations are unconstitutional and therefore, null and void. In an opinion issued on April 3, Justice Bryant explained that the...more

Foley Hoag LLP - Cannabis and the Law

NYS Lawmakers Unveil Cannabis Industry Reform Proposals in State Budget Negotiations

Earlier this week, the NYS Senate and Assembly unveiled their “one-house budget proposals” in response to Gov. Kathy Hochul’s executive budget proposal in January. The one-house budget includes several proposals related to...more

Harris Beach Murtha PLLC

More Lawsuits Threaten New York’s Cannabis Licensing Program

A group of women-owned businesses hoping to obtain a retail or microbusiness permit to sell cannabis has asked a court to immediately stop New York state’s current licensing program for retail dispensaries and microbusinesses...more

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