A New York (NY) judge struck down most of the state’s cannabis regulations last week before scaling back on their decision.
Last week, an Albany County Supreme Court judge ruling appeared to suggest that they were going to be striking down all New York (NY) cannabis regulations. The recent ruling was in regard to a lawsuit filed by Leafly, a cannabis website. According to AP News (1), Leafly “challenged the state’s rules barring marijuana dispensaries from advertising on third-party platforms.”
The judge’s decision suggested that it was going to be striking down almost all of New York’s cannabis regulations involving adult-use (2). NY State Supreme Court Justice Kevin Bryant amended their recent ruling the following day (1-3). Reuters mentioned that the judge had “criticized” the Office of Cannabis Management, as well as the New York Cannabis Control Board’s reaction to Leafly. “Here, there is no indication that any evidence was actually placed before the administrative agency,” Justice Bryant wrote (2). “It is not counsel's role to develop and outline a rational argument in favor of the regulations after the fact.”
In the amended ruling, Justice Bryant mentioned that only a few regulations specifically regarding the handling of advertising and third-party marketing restrictions (2). By the time the amended ruling was made public, news agencies and others had been reporting the Big Apple State’s cannabis regulations being entirely struck down (1). Unhappy with the misinterpreted ruling, State Senator Jeremy Cooney, who is a part of the state’s Senate cannabis subcommittee, released a statement (1): “State Supreme Court decision was another setback in a series of blows New York’s adult-use cannabis market has faced since legalization, three years ago”. Senator Cooney added that, “While some changes to marketing regulations are needed, the decision by the Court to throw out all agency regulations will ultimately slow progress at a time when we need to more aggressively combat illicit shops to grow a stronger, more-equitable legal market.” With the amended ruling clarifying that the entire cannabis regulations for the state weren’t voided, the Office of Cannabis Management has commented that they are “reviewing the corrected decision” (1).
Recreational cannabis was first legalized in New York State in 2021 (4). The process has been very slow. This has been seen in a lack of regulatory enforcement, additional legal challenges, a lagging licensing process, and an abundance of illegal establishments (1).
Aside from the growing frustrations of New York’s slow cannabis program rollout, Leafly released a statement highlighting their support for the state’s cannabis industry (1): “It’s impossible to overstate the importance of providing consumers with choices, and educational information when making purchasing decisions.” The cannabis website added how, “It is critically important that licensed-retailers have equal access to important advertising and marketing tools to help them succeed in a competitive landscape.”
References
Ep 24, Part I: Data Transparency in Cannabis Testing with Yasha Khan
November 21st 2024Evan Friedmann interviews Yasha Khan, co-founder of MCR Labs, about his journey into the cannabis industry and his efforts to promote transparency and integrity in laboratory practices. Yasha discusses the origins of MCR Labs, which began in Massachusetts to meet the needs of the soon-to-be legal medical cannabis market. He explains the challenges faced, including result manipulation by labs and the impact on public health. Yasha's Freedom of Information Act (FOIA) project aimed to gather testing data from 37 states, revealed significant discrepancies in potency and mold results. Despite some states' reluctance to share data, Yasha has made much of this data public, leading to collaborative research and publications on various aspects of cannabis testing.
Ep 23, Part III: Accreditation in the Cannabis Industry with Susan Audino
October 24th 2024In Part III of this episode, host Evan Friedmann is joined by Susan Audino, PhD, founder of S.A. Audino & Associates, LLC, and co-founder of Saturn Scientific, LLC, to examine the complexities of sampling in the cannabis industry, emphasizing the need for proper sampling plans, and methods.