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New York Cannabis Shops Face Closure Due to Distance Miscalculation

Cannabis shops in New York with signs indicating business status.

News Summary

Over 100 cannabis shops in New York are threatened with closure or relocation due to a state miscalculation regarding their distance from schools. The Office of Cannabis Management misinterpreted legal proximity requirements, leading to significant scrutiny and proposed legislation for affected businesses. Many dispensaries may face financial distress, with community support rallying behind them as discussions for legislative solutions continue.

New York – More than 100 cannabis shops in New York face the threat of closure or relocation due to a significant miscalculation by state officials regarding their distance from schools. This error, attributed to the state’s Office of Cannabis Management (OCM), stems from an incorrect interpretation of the legal proximity requirements established for allowing dispensaries within school zones.

The OCM misjudged the distance measurements by calculating from the entrance of the dispensaries instead of the property lines, which affected 152 cannabis retail businesses statewide. Among these, 105 dispensaries have received licenses, while an additional 47 applications are currently pending. A majority of the affected shops, approximately 88 locations, are concentrated in New York City.

This oversight has sparked criticism from legislators, including Assemblyman Ed Ra and North Hempstead Town Supervisor Jennifer Desena, who underscore that the 500-foot distance from schools was specifically instituted to protect students. Governor Kathy Hochul has also expressed her frustration, committing to immediate actions aimed at addressing the issue and supporting the distressed business owners.

In response to this predicament, state legislators have introduced proposed legislation that seeks to provide financial assistance for businesses that must relocate due to this oversight. The legislation also aims to “grandfather” those dispensaries that were approved under the inaccurate guidelines, thereby preventing adverse consequences for situations that were beyond their control.

Business owners have invested considerable amounts of money into establishing their shops. As a result, many of these owners now face the dire prospect of bankruptcy should they be required to relocate. Among the concerns is the impending license renewal for three dispensaries this fall, which could create further complications before any legislative solutions are enacted, as the state legislature is not slated to reconvene until January.

Officials at the OCM, such as Acting Executive Director Felicia A.B. Reid, have acknowledged the miscalculation and are committed to aligning their operations with appropriate cannabis laws in order to rectify the situation. The issue was brought to light during a review of compliance with the Marijuana Regulation and Taxation Act, which legalized recreational cannabis in New York in 2021. It was during this review that it became evident that OCM’s previous measurement practices did not adhere to the established legal requirements.

The potential financial repercussions of relocation or closure extend beyond the individual shops, with consequences that could ripple through local economies and impact livelihoods in the cannabis sector. The local community has reflected overwhelming support for the affected dispensaries, with consumers expressing concern over the adverse impacts forced relocations would have on small businesses in their neighborhoods.

Proposals for mitigating the situation have included the possibility of granting variances on a case-by-case basis, allowing shops some flexibility while seeking community input. Ongoing discussions among lawmakers and cannabis advocates aim to explore effective legislative remedies to assist the impacted business owners, although no assurances have been made regarding approval.

In light of these developments, cannabis shop owners have voiced their worries to regulators, advocating for fair acknowledgment of their compliance with the application processes. The situation underscores broader concerns regarding the management and oversight practices within the OCM, raising questions about how they navigate regulatory adherence in a rapidly evolving industry.

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STAFF HERE NEW YORK WRITER
Author: STAFF HERE NEW YORK WRITER

NEW YORK STAFF WRITER The NEW YORK STAFF WRITER represents the experienced team at HERENewYork.com, your go-to source for actionable local news and information in New York, the five boroughs, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as New York Fashion Week, Macy's Thanksgiving Day Parade, and Tribeca Film Festival. Our coverage extends to key organizations like the Greater New York Chamber of Commerce and United Way of New York, plus leading businesses in finance and media that power the local economy such as JPMorgan Chase, Goldman Sachs, and Bloomberg. As part of the broader HERE network, including HEREBuffalo.com, we provide comprehensive, credible insights into New York's dynamic landscape.

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