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The following AMA from August 9 has been edited for length and clarity.
Where are we with all the lawsuits in New York?
The Variscite federal case got settled. They assured the Michigan dude a license for when the AU licenses open up later this year. So we never got a ruling on the merits of that case.
Related: A running list of all lawsuits filed against New York cannabis regulators
There was another case filed in state court by the ROs and a few other plaintiffs. And now we have the disabled veterans lawsuit, which is very similar to the RO lawsuit except the ROs didnât ask for a TRO or injunction. Since those lawsuits are so similar, they have been given to the same judge and we will be working through them for many months as it does not appear that these will be settled.
And I have a feeling that we will see many more lawsuits, including perhaps from minority- and women-owned businesses since they were not specifically itemized in the prioritization classes in the regs.
How did this case get to the New York Supreme Court already?
Because we in the legal profession here in New York like to play a trick on you, the unsuspecting public.
While pretty much everywhere else calls their top court the âSupreme Court,â here in New York we do the exact opposite. Our *lowest* court is called the Supreme Court. Next, what everyone else would call a âCourt of Appealsâ â for example, at the federal level the âUnited States Court of Appeals for the Second Circuitâ â we call a department of the appellate division. So, for example, the Appellate Division of the Supreme Court, Third Department. And finally, just for good measure, here in New York we call the top court the ⊠wait for it ⊠wait for it ⊠wait for it ⊠Court of Appeals.
Why is the case in Ulster County in Kingston? Wasnât it filed in Albany County?
Yes, but the judge that caught the first case, the RO case, is in Ulster, and generally here in the legal profession, we donât like to have cases that are quite related â where they are going to turn on the same issues â go to different judges. Typically, what you like to do is give them all to the same judge. You donât want a bunch of different judges trying to learn the same thing, which is a waste of time. This one judge is going to know the material because heâs already caught the first case, so letâs just have him do all of them.
Are the recent lawsuits going to push back the date for the standard licensing?
No, and if anything, it might make it happen sooner, but I wouldnât bet on it. The judge ordered OCM to open the application. He didnât force a date, and I doubt OCM will move it up, but after the order they almost certainly canât delay it.
Can the grower showcase events happen while there is the lawsuit?
The grower showcases require an operational CAURD, and thereâs nothing so far that prevents an operational CAURD from continuing to operate. So I think the grower showcases go on.
Do you have any intel on when the final regs will be promulgated?
The regs are done â the revised rulemaking period ended on July 31. And now weâre simply waiting for the Cannabis Control Board to adopt the regs at their next meeting, which we think will be the second full week of September.