A New York judge on Thursday temporarily ruled in favor of legal cannabis shops that were under threat of being shut down over a dopey mistake by state regulators.
The preliminary injunction issued by Albany Supreme Court Judge Kerri Savona protects operators of pot stores that were approved under a rule mandating licensed weed sellers must be located at least 500 feet away from schools.
State Office of Cannabis Management officials admitted in July that they’d mistakenly calculated the distance requirements using a “door-to-door” measure.
A judge issued a preliminary ruling in favor of legal cannabis shops in response to a dopey mistake by state regulators over distance requirements separating weed sellers and schools, it was revealed Thursday. Helayne SeidmanUnder the law, the buffer zone should have been measured starting at the “property line” of a school, not its doors, officials said — a stricter requirement that put 152 approved weed licensees out of compliance.
A dozen cannabis operators sued the OCM and Cannabis Control Board over the sudden change.
Savona’s injunction — in effect until Feb. 15, 2026 — gives Gov. Kathy Hochul and the state Legislature time to pass a law to correct the mess.
The judge noted that OCM and state Attorney General Letitia James’ office did not object to the ruling.
Jorge Vazquez, an attorney for the plaintiffs, hailed the ruling, saying his clients “feel they have been heard.”
“There’s less uncertainty,” Vazquez said.
“We welcome the opportunity for the legislature to do a course correction.”
Judge Kerri Savona issued the preliminary injunction, which will protect pot shop operators as long as they are located beyond 500 feet away from schools in the Big Apple. Wayne CarringtonCannabis operators also applauded the judge’s intervention.
“This is a huge deal. The state has to follow the old rules,” said Osbert Orduna, executive director of The Cannabis Place in Queens.
But he said the ruling was just a “cease fire” that will still require a final resolution next year.
It’s not the first time state cannabis regulators have been upbraided in court.
Officials settled a discrimination lawsuit in 2023 alleging that the state favored convicted pot felons over disabled veterans in the awarding of licenses to sell legal marijuana.
There are currently 482 licensed marijuana dispensaries in the Empire State.
Hochul welcomed the judge’s ruling.
“Governor Hochul has repeatedly stated that she will work with the Legislature to protect these hardworking businesses so they can continue without interruption. This order from the court protects the interests of all parties and maintains stability while a long-term legislative solution is developed,” a Hochul spokesperson said.
“We will continue to ensure that the Office of Cannabis Management keeps constant and open dialogue with impacted businesses throughout this process.”
OCM, in a statement, said the order “aligns with Governor Hochul’s commitment to protect these small businesses and while she continues working with the Legislature on a statutory solution. OCM will continue to support impacted businesses to address their needs.”
