School Proximity Crisis is Latest Headache for New York Marijuana Market
More unwelcome drama roiled New York’s $1.5 billion marijuana industry when state regulators this week informed more than 150 retail operators and applicants that they’re too close to a school, a violation of state law.
But critics point out the July 28 directive from Office of Cannabis Management Director Felicia Reid contradicts an earlier, deliberate OCM decision to tweak proximity rules – a choice that was made in part because locating a marijuana store in dense New York City would prove extremely difficult without it.
Like many other states, New York imposes strict zoning requirements on marijuana stores as part of a philosophy that legal cannabis must be kept away from adolescents and children.
State law forbids a cannabis retail outlet “on the same road” as a school or within 500 feet of a school’s property line.
The measurement is from the nearest property line of the store to the school’s nearest property line – even if that property line is a fence and the school entrance is farther away.
“This was a big thing,” recalled Robert DiPisa, an attorney who chairs the Cannabis Law Group at Cole Schotz, a regional law firm with offices in New York and New Jersey.
“People were up in arms over the measurement issue, pushing for a better measuring tool,” he told MJBizDaily on Wednesday.
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As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication. No aspect of this advertisement has been approved by the highest court in any state.
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