Legislators endeavor to rectify cannabis zoning issue
The New York Office of Cannabis Management (OCM) has revised its guidance on the distance between cannabis retail dispensaries and schools, causing a stir among cannabis businesses and regulators.
Revised Distance Rule
Previously, the distance was measured from the center of the dispensary's main entrance to the center of the nearest school entrance, primarily when both were on the same street. However, the OCM now requires that the 500-foot distance be measured from the property line of the school, as defined in the New York Education Law, to the dispensary's door. This change affects 152 existing or planned cannabis shops across New York State, including many in New York City.
Legal Challenges
Some cannabis shops have taken legal action against the state, arguing that the reinterpretation of the distance rule unfairly disrupts their business operations. The outcome of these legal challenges could shape the future of cannabis retail in New York, particularly in urban areas where finding compliant locations may be challenging.
Proposed Changes
Currently, there is no specific bill to change the distance rules for cannabis shops from schools. However, a proposed bill aims to adjust the distance rule to 200 feet, similar to the distance required for liquor stores. Critics have blamed the OCM for not flagging the issue of cannabis shops being too close to schools earlier.
Impact on New York City
If the law remains unchanged, nearly 90% of cannabis shops in New York City could be forced to relocate. This could result in fewer shops being able to operate or renew licenses, potentially limiting access to legal cannabis in the city. Additionally, the legal challenges and regulatory uncertainties could discourage investment and expansion in the cannabis industry within the city.
For those interested in staying updated on the latest news in New York, FingerLakes1.com offers a Morning Edition newsletter and a free app for iOS devices. The leading all-digital news publication in the Finger Lakes region, FingerLakes1.com has been serving residents for over two decades. The organisation's mission is to keep residents informed, and it offers an email address (news@our website) for receiving leads or news tips.
Gov. Hochul's office and regulators have stated they will work with the Legislature to protect existing cannabis businesses. However, as of now, there is no update on the efforts by the Governor's office, regulators, or the Legislature to address the challenges faced by the cannabis industry.
[1] New York Office of Cannabis Management guidance on distance rule [2] Article on the revised distance rule [3] Article on the legal challenges [4] Article on the potential impact on New York City [5] Article on the proposed changes
The revised distance rule by the New York Office of Cannabis Management (OCM) has led to a surge in general-news coverage, with many articles discussing the implications for cannabis businesses.
As a result of this revised rule, debates over fairness and legal challenges are heating up in the realm of politics, as some cannabis shops consider the potential impact on their business operations and the broader cannabis industry in urban areas like New York City.
