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Why has WNY been left out of cannabis dispensary licensing so far?

A lawsuit leaves us and four other regions out, for now
CANNABIS SHOP.jpg
Posted at 6:19 PM, Dec 07, 2022
and last updated 2022-12-07 19:11:13-05

BUFFALO, N.Y. (WKBW) — It's been two weeks now since the New York State's cannabis control board approved the first dispensary license. 36 licenses were approved -- none of them are in Western New York.

"So we have growers, we have processors in the area, we don't have anyone selling it, and that's the biggest issue," said Aleece Burgio, General Counsel for MJI Solutions.

So what's holding WNY back?

This first set of licenses are for people who were impacted by cannabis convictions in the past, called Conditional Adult-Use Retail Dispensaries (CAURD).
CAURD

Kenneth Gay, who owns Variscite NY One Inc., is suing the New York State Office of Cannabis Management because he was disqualified being that his cannabis-related crime was committed in Michigan, so he's claiming he state is discriminating and violating constitutional law.

The following five regions where he applied are now barred from receiving licenses for the time being:

  • Western New York
  • Central New York
  • Brooklyn
  • Mid-Hudson
  • Finger Lakes
Five regions are barred from receiving cannabis licensing because of a court case
Five regions are barred from receiving cannabis licensing because of a court case

How does this impact us locally?
Well, it looks like the wait continues for dispensaries in WNY.

"It's tough right now in the business and having this very slow progression," said Burgio.

And people are frustrated. One local applicant wants to open up shop in Buffalo. He qualifies for the CAURD license, paid the fee and has been waiting ever since.

"It's unfortunate, we can only control what we can control, all we can do is wait for the legal process," said the applicant.

We took these concerns to the Office of Cannabis Management.

"We desperately want to make sure they feel included in this process, I can't comment on any more on open litigation but I would just let you know that the Office of Cannabis Management is working towards making sure all New Yorkers have access," said Trivette Knowles, Public Affairs Press Officer for the Office of Cannabis Management.

What about what's being sold right now?

This leaves the door open for those who are already selling, like The Lab Dispensary in Irving. It's just 35 miles away from Downtown Buffalo, but people have traveled from Ohio, Pennsylvania and Georgia.

"We're just constantly getting bigger and bigger," said Michael Jimerson, the owner.

Jimerson says the state doesn't interfere with his business, since he's operating on Native land. While the rest of WNY has to wait, he's open seven days a week.

"I don't see anything but great things. Anybody who has a dispensary, there's nothing but great things for it," said Jimerson.

As for those operating illicit shops, Knowles says the OCM is cracking down on them and encouraging the public to wait for dispensaries to open with licenses.