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.

United States Supreme Court Building

The U.S. Supreme Court has ruled again to allow New York State’s Firearm Dealer Laws and Concealed Carry Improvement Act to remain in effect pending appeal.

The Court on Wednesday refused a request from a group of firearms dealers in New York seeking to halt parts of the state’s new laws regulating commercial gun sales.

The order comes days after it rejected a separate request to block the state’s new firearms law, which was enacted in the wake of the Court’s Second Amendment decision this summer.

Among the laws targeted by the gun sellers were requirements that firearm dealers secure guns in a safe or locked area and have security systems installed on their premises; prohibit people under 18 from entering gun retail stores without a parent or guardian; and provide records of gun sales to government law enforcement agencies and manufacturers upon request.

They also challenged laws regarding the purchase of guns and ammunition, including a licensing requirement for semiautomatic rifles; requiring background checks for ammunition sales and directing New York State Police to establish a database for such sales; and requiring gun dealers to maintain records of ammunition sales.

The regulations took effect in September and December, and the firearms dealers told the court they are unable to comply with “most” of the new laws.

A U.S. district court judge denied their request to block the laws. After appealing to U.S. Court of Appeals for the 2nd Circuit, a three-judge panel also declined to halt enforcement of the law pending appeal. Proceedings before the 2nd Circuit are ongoing.

United States Supreme Court Building

The U.S. Supreme Court ruled that New York’s Concealed Carry Improvement Act can remain in effect pending appeal.

The Court upheld a stay that was issued by the U.S. Court of Appeals for the Second Circuit in Antonyuk v. Nigrelli in December 2022.

State Attorney General Letitia James issued a statement that said, “We have a right to enact commonsense measures to protect our communities, and I am pleased with the Supreme Court’s decision to allow New York’s concealed carry gun law to remain in effect. Too many New Yorkers are plagued by gun violence, and we know that basic gun laws help save lives every day. My office will continue to use every tool at our disposal to protect New Yorkers and defend our responsible gun laws.”

The Concealed Carry Act took effect in September 2022 following the U.S. Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen. The law strengthens requirements for concealed carry permits, prohibits guns in sensitive places, requires individuals with concealed carry permits to request a property owner’s consent to carry on their premises, enhances safe storage requirements, and requires background checks on all ammunition purchases.