ALBANY — A court battle that has prevented New York from issuing marijuana dispensary licenses in some elements of the state may damage small farms which have simply harvested their first hashish crop, officers warned a choose on Tuesday.
New York on Monday issued its first 36 dispensary licenses, which would be the solely locations within the state the place leisure marijuana shall be legally bought.
However, the state has needed to delay plans to license many extra pharmacies due to a dispute over its licensing standards.
U.S. District Court Judge Gary Sharpe in Albany has blocked the state from issuing licenses in Brooklyn and elements of upstate New York after an organization owned by a Michigan resident contested a requirement for candidates to point out proof “a significant presence in upstate New York.”
In a Tuesday court movement, the state requested the choose to calm down that injunction to keep away from jeopardizing an estimated $1.5 billion marijuana crop now ready to be distributed to retailers will.
“If the farmers who have already been granted cultivation licenses have nowhere to sell their crops, they will lose the millions of dollars collectively invested in their businesses, some could lose their businesses, and they would otherwise be forced into the predicament either.” to look at their crops rot and decay, or to promote them on the unlawful market,” Deputy Attorney General Amanda Kuryluk wrote.
The court submitting, filed on behalf of the state’s Bureau of Cannabis Management, indicated that the corporate contesting its exclusion from the applicant pool, Variscite NY One, was more than likely solely a dispensary within the central Finger Lakes space of the state can be drawn.
Blocking the state from approving licenses in 4 different areas, together with central and western New York, Mid-Hudson and Brooklyn, would achieve this “much more damage than necessary” argued the state.
It was unclear when Sharpe may rule on the applying.
Christian Kernkamp, an lawyer representing Variscite, mentioned in an emailed assertion that the corporate had hoped to resolve the case earlier than it hampered marijuana gross sales, however the state refused to settle .
“The injunction could be over tomorrow, but the state prefers to sue instead, even though the court has already found a ‘clear probability’ that the state violated Variscite’s constitutional rights.” he mentioned.