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Compliance Crisis Hits New York Cannabis Dispensaries

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Cannabis dispensaries and nearby schools in New York

News Summary

New York State faces a compliance crisis as 152 cannabis dispensaries are deemed out of compliance due to miscalculations by the Office of Cannabis Management. The errors in distance measurements to schools and places of worship have left business owners distressed and uncertain about their futures. Governor Kathy Hochul has acknowledged the issue and expressed commitment to finding solutions, including legal amendments and financial support for affected businesses. This situation poses significant risks, particularly for those involved in social equity initiatives aimed at helping individuals impacted by prior cannabis-related offenses.


New York State is facing a significant compliance crisis affecting over 150 cannabis dispensaries and applicants due to a miscalculation by the New York State Office of Cannabis Management (OCM). Affected businesses have been notified that their locations do not meet state law requirements as a result of improper proximity measurements to schools and houses of worship, jeopardizing their ability to operate legally.

The OCM discovered that the distance measurements from schools were improperly calculated from the entrance instead of the property line, contravening legal specifications that require cannabis shops to be at least 500 feet from school property lines and 200 feet from houses of worship. Consequently, 152 businesses are now deemed out of compliance with these regulations; 105 of these are currently licensed dispensaries while 47 are still awaiting approval.

Business owners have expressed feelings of uncertainty and distress after receiving notifications regarding their status. Many have invested considerable personal savings into their establishments and now find themselves in a state of “limbo.” Governor Kathy Hochul has publicly acknowledged the gravity of the situation, labeling it a significant error and indicating her administration’s commitment to seek solutions for the affected enterprises.

In response to this issue, the OCM plans to initiate formal amendments to state law aimed at protecting businesses that were previously operating under earlier approvals. Additionally, a grant portal will be launched in September, which will provide up to $250,000 for businesses needing to relocate or make modifications to achieve compliance.

Most notably, approximately 89 percent of the affected businesses are part of social equity initiatives designed to assist individuals with past cannabis-related offenses or their families. This creates an added layer of concern, as these programs aim to provide fair opportunities in the legal cannabis market.

Acting OCM Executive Director, Felicia Reid, confirmed that the discovering of compliance violations stemmed from a comprehensive review that uncovered the miscalculation. The office is actively determining corrective actions for both licensed businesses and applicants who are in different situations due to the proximity error. The review highlighted a conflict between the OCM’s previous measurement practices and tighter definitions established in state Property Law §72 (6) and Education Law §409 (2).

State Senator Liz Krueger has criticized the OCM for causing unnecessary panic among business owners in a situation that may have been mitigated with clearer communication and an earlier legislative response. As discussions continue on potential legislative fixes, there remains uncertainty for both existing dispensaries and those who have received compliance notifications but have yet to open their businesses.

The governor’s office continues to emphasize the importance of supporting the affected cannabis store owners while maintaining an equitable cannabis market across New York. As efforts to address this compliance crisis progress, the state remains committed to finding resolutions that will allow these businesses to operate legally and continue contributing to the burgeoning cannabis industry in New York.

In summary, the miscalculation by the New York State Office of Cannabis Management has put the operations of 152 cannabis dispensaries and applicants at risk, sparking concerns from business owners and lawmakers alike. The state government is working to address these issues while striving to provide a fair opportunity within the legal cannabis market.

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Author: HERE New York

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