23 CAURD applications are now exempt from ongoing preliminary injunctions
23 applications for CAURD licenses are exempt from an injunction, pausing applications from getting approved. The list was submitted to the Albany Supreme Court.
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Author: Keelin Berrian
Published: 8:44 PM EDT August 25, 2023
Updated: 11:19 PM EDT August 25, 2023
ALBANY, N.Y. — It’s a happy day in New York State now that 23 out of 30 applications for CAURD licenses are exempt from an ongoing injunction, pausing applications from getting approved.
The list was submitted to the Albany Supreme Court by the Office of Cannabis Management.
After listening to responses to the list in this morning’s hearing, Attorney Aleece Burgio said, “It’s real estate that’s driving this lawsuit. If there was accessible real estate in these areas, we might not have lawsuits.”
Not to mention CAURD licenses also have to be a certain distance from schools, churches, and other dispensaries.
“You’re in a small window. You’re in a small window on what you can get real estate-wise,” Burgio said.
In fact, Burgio said the judge was going to exempt all 30 applications until the plaintiffs made arguments about delivery services. So, in return, the judge didn’t exempt the remaining seven; those are different licenses.
“The judge, right out of the gate, was like, ‘Oh, it looks like there were no arguments for the 30 names. Let’s pass it through,’ ” Burgio said.
She said if the case would have continued, there’s a possibility the judge would deem CAURD unconstitutional.
“If it’s unconstitutional, there’s a really good chance that everybody, including those who are operating brick and mortars, would have to shut down because the whole program itself would be unconstitutional,” Burgio said.
After all, CAURD was created for those with prior marijuana convictions. Now Burgio says on Sept. 12, the OCM will meet to approve the finalized rules packet. It will open the general application window.
Then Sept. 15, the judge will hear cases from the delivery services.
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