CAURD Licenses

The NYC Cannabis Control Board has approved the first applications to license retail dispensaries for legal adult-use cannabis sales in New York state. What does that mean for applicants who were not approved?

The Conditional Adult-Use Retail Dispensary license (CAURD) was granted to selected business that completed and submitted their applications to cannabis.ny.gov by the deadline of September 26, 2022. Businesses were judged on criteria contained within the application. Businesses that were awarded the license are now positioned to make the first legal cannabis sales within the state before the end of 2022, creating additional pressures on  this emerging industry and begging the question - What if my application wasn’t approved? 

As is the case in other states and regions where would-be-proprietors were denied the opportunity to join the burgeoning market, would-be CAURD carriers will inevitably turn to the court system and sue for reconsideration and inclusion within the program. Current ongoing lawsuits include a Michigan man claiming discrimination against out-of state operators and prejudice against interstate commerce. 

Some plaintiffs have already sued over the application process and won, as is the case with a California dispensary. After a lengthy legal battle involving several judges, a City Council, a restraining order and eventual settlement, Catalyst Casa Mesa finally received approval in September to open up shop.

As the processes and procedures around this industry continue to develop within New York, we can expect a wave of challengers to come forward as applicants who were wrongfully denied demand licenses. Those who were not among the lucky few will need legal representation to have their application reconsidered, and quickly. With the first dispensaries within the state expected to open before the end of 2022, there is immense pressure to join in the cannabis industry in its infancy and establish a strong foothold. Those left behind may be the same individuals who built the foundation for this industry and advocated so fiercely for its legalization. 

If you feel your application wasn’t scored or reviewed fairly, denied due to bias, or passed over in error, procuring legal counsel is your next step. Contact Empire Cannabis Consulting today to make sure your business doesn’t get left behind.