Petitioners’ counsel, in a letter to the court (copy below) trying to convince the court to not reopen the order, acknowledged that the injunction does NOT apply to:
1. All non-provisional applications in the November and December queues;
2. CAURD applications that sent municipal notification forms to OCM prior to 11/17/23;
3. Public convenience and advantage requests for applicants from (1) or (2), above; and
4. Any amendment requests, location approval requests, or other processing of already licensed entities (regardless of CAURD, provisional, or non-provisional status) whose licenses were approved prior to the Injunction.
This attempts to clarify that anyone with a license and a location in hand would not be stopped from moving forward and opening under this Injunction, even if the licensee originally applied provisionally or as a CAURD applicant.
In addition, an affirmation was filed with the court arguing that a location should be excluded from the injunction if it was previously operated as a medical dispensary before November 17, 2023, because all applicants would have already known their site could not be located within 1,000 feet of this location.
Stay tuned for further updates.
See a copy of the letter below or view a PDF copy here.
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About Neil M. Kaufman
Neil M. Kaufman is the managing member of Kaufman McGowan PLLC, Long Island’s Corporate & Securities Law Firm ™ and Corporate & Securities Counsel to the Cannabis Industry™. He is one of the leading corporate cannabis lawyers in New York and the USA and a fixture of the New York and Long Island corporate and securities legal community. He has been named one of the top cannabis lawyers in the world by Cannabis Law Report, a Cannabis Industry Power Player and was selected as a SuperLawyer 2015-2024. Learn more here!
About Sean J. McGowan
Sean J. McGowan is a partner in Kaufman McGowan PLLC, Long Island’s Corporate & Securities Law Firm ™ and Corporate & Securities Counsel to the Cannabis Industry™. He has been named one of the top cannabis lawyers in the world by Cannabis Law Report, a 40 under 40 recipient by Long Island Business News and was selected as NY Metro Rising Star 2020-2024. Learn more here!
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