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One of Onondaga County’s two legal recreational marijuana shops is suing the state’s Office of Cannabis Management, claiming the agency illegally barred the shop from opening in a better location in Clay, then allowed another cannabis shop to open there instead.
The lawsuit, filed in State Supreme Court by TJ’s Cannabis, contends the state is allowing Raven Dispensaries to open in a location TJ’s was told was impossible. Raven is scheduled to open as soon as Sunday.
The lawsuit seeks a court order blocking Raven from opening and restoring TJ’s ability to secure the Clay location. It did not provide a specific amount of monetary damages. Raven is not a defendant in the suit.
TJ’s, owned by TJ Lewis, has been open since December in the Longbranch Park Plaza at 4205 Long Branch Road. That’s in a relatively out-of-the-way spot a block or so off Route 57 in Clay.
The location Lewis was working to secure last year is in Market Fair North Plaza at 4148 Route 31. That’s a busier spot, near the exits from Interstate 481. The shopping plaza is anchored by a Staples and other stores.
In an affidavit supporting the lawsuit, Lewis said he was “devastated and confused” by the news that Raven would be allowed to open in the spot he had been denied. He claims he lost money and time seeking the Liverpool location, and his business there is not as strong as it could have been in the Clay location.
Ben Duerr, left, and Josh Jeanneret are partners in the Raven Dispensaries marijuana shop that is planning to open in Market Fair North in Clay. (Provided photo)Provided photo
Raven Dispensaries co-owner Josh Jeanneret told syracuse.com his shop has been given clearance from the state cannabis office to open at Market Fair North.
“It’s unfair for us to be included (in the suit)’’ Jeanneret said. “We’ve hired employees and got it all ready, seems unfair right before we’re going to open.”
Raven would be just the third recreational marijuana dispensary in Onondaga County. Aside from TJ’s, the only other one open in the county is Flynnstoned Cannabis Co. in Armory Square.
A spokesman for the cannabis office said the agency does not comment on pending litigation.
Lewis’ lawsuit has been assigned to Supreme Court Justice James Murphy. The request for an injunction halting Raven’s opening has not yet been reviewed by the court.
Lewis’ lawsuit is based on the cannabis office licensing process, and specifically a program in which the state was offering financial aid and site selection to dispensaries through the Dormitory Authority of the State of New York (DASNY). That help was offered, but not required, for a shop to open.
Lewis claims the state denied his proposal for a shop in Suite 903 in the Market Fair North several times in 2023 because it would have been within 1,000 feet of a location secured and reserved for dispensaries getting DASNY help.
Lewis’ lawsuit claims Raven did not get DASNY aid, which Jeanneret confirmed. That is the basis for the lawsuit’s claim that the state cannabis office acted unfairly and illegally.
Lewis said he made repeated attempts last year to get clarification from the cannabis office about the denial of his plan for Market Fair North. The lawsuit includes an email it claims was sent to Lewis by an official in the cannabis office, who was not named.
“There is just no action we can take to make this property work due to its proximity to a DASNY/fund site,” the email said. “Our hands are fully tied. What I can say is that we are going to give you the time you need to locate, secure and open your dispensary. This will happen for you eventually. I fully appreciate the frustration. You aren’t alone. It’s been very difficult to tell licensees their dream locations can’t work for a number of reasons. I’ve done it already in person once today. It sucks. You will have to let this one go but just don’t lose sight of the fact that you own that license and you will eventually find a viable location.”
Lewis said he tried to find other locations in the northern suburbs without success. He then decided to close his existing hydroponics business in the Long Branch plaza and convert it to the cannabis shop. That meant he lost revenue from that business and had to lay off staff. He said the move to Long Branch cost him $500,000.
Staff Writer Elizabeth Doran contributed to this report.
Don Cazentre writes for NYup.com, syracuse.com and The Post-Standard. Reach him at dcazentre@nyup.com, or follow him at NYup.com, on Twitter or Facebook.