Cannabis Chaos: State’s Regulations Overruled in Unprecedented Court Decision


State Judge Withdraws Sweeping Order

On Thursday, New York Supreme Court Justice Kevin Bryant amended a previous order that had dramatically overhauled the state’s cannabis regulations. The revised order significantly narrows the scope of the initial ruling, which had invalidated a wide range of regulations.

Amended Order Focuses on Marketing Regulations

The amended order specifically targets only regulations pertaining to cannabis marketing. Dispensaries will no longer be barred from advertising on third-party platforms under the revised order. Leafly Holdings, the cannabis website that filed the initial lawsuit, argued that this restriction unfairly limited licensed operators’ ability to compete.

Judge’s Criticism Remains

Despite the revised order, Justice Bryant’s criticism of the Office of Cannabis Management (OCM) and the New York Cannabis Control Board (CCB) remains unchanged. He ruled that both agencies failed to provide adequate justification for the development of the cannabis regulations.

Cannabis Industry Perspectives

Leafly Praises Ruling, Advocate for Healthy Market

Leafly expressed satisfaction with the amended order. In a statement, the company emphasized the importance of advertising access for licensed operators. Leafly hopes the ruling will contribute to a “healthy, stable adult-use market” in New York.

OCM and CCB Await Comment

The New York Attorney General’s office, which defended the regulations in court, referred inquiries to the OCM. However, the OCM did not immediately respond to a request for comment after the amended order was issued.

Path Forward for Cannabis Regulation

The amended order leaves many stakeholders with questions about the future of cannabis regulation in New York. It is unclear how the OCM and CCB will respond to the judge’s criticism and whether they will amend their regulations.

Cannabis flowers

A Balancing Act

Regulators must strike a balance between promoting responsible cannabis use and protecting public health. The amended order brings clarity to marketing regulations but leaves other aspects of the regulatory framework under scrutiny. As the cannabis industry continues to evolve, New York’s cannabis regulations will likely undergo further refinement and debate.

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