The U.S. Court of Appeals for the Second Circuit modified an injunction that now “bars the issuance of conditional adult-use cannabis dispensary licenses only in the Finger Lakes Region.” Western New York, Central New York, Brooklyn, and the Mid-Hudson are no longer part of the injunction.

The case, Variscite NY One v. State of New York, had been holding up the New York State Office of Cannabis Management‘s CAURD or conditional adult-use retail dispensary program from rolling out statewide.

Variscite claimed the application process approved by the Office of Cannabis Management was unconstitutional and that their application was rejected because one of their principal applicant partners was convicted of a marijuana-related crime outside of New York State.

Governor Kathy Hochul said in a statement, “New York’s brand-new cannabis industry is making significant progress to promote social equity and right the wrongs of the past, creating the fairest and safest market in the nation.” She added, “For the first time, New Yorkers in nearly every region of the state will have access to safer, high-quality, adult-use cannabis products. I am committed to ensuring New York continues to lead the nation in our safe and equitable approach to the cannabis market.”

Western New York is set to receive 22 CAURD dispensaries as of March 3, when the state doubled the total number of locations statewide from 150 to 300.

The State Office of Cannabis Management announced applications for Conditional Adult-Use Retail Dispensary (CAURD) licenses are now being accepted online. Licenses to sell adult-use cannabis will be awarded people who were most impacted by the enforcement of the prohibition of cannabis.

To be eligible for these licenses, applicants must:
• Have a marijuana-related offense conviction that occurred prior to the passage of the Marijuana Regulation and Tax Act (MRTA) on March 31, 2021, or have had a parent, legal guardian, child, spouse, or dependent with a pre-MRTA marijuana related offense conviction in the State of New York.
• And have experience owning and operating a qualifying business.

The application window will close on September 26, 2022. More information for applicants can be found at https://cannabis.ny.gov/caurd