Lawyer Commentary Mondaq United States Will SCOTUS Remain Dormant?

Will SCOTUS Remain Dormant?

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Not long ago, the Honorable Gary Sharpe, of the United States District Court for the Northern District of NY, granted Variscite NY One, Inc.'s (Variscite) request for an injunction prohibiting the NY State Office of Cannabis Management (NYOCM) from providing the initial batch of conditional retail operating licenses stemming from an application program held between August 25, 2022 and September 26, 2022. This month-long application period resulted in New York planning to issue 150 retail dispensary licenses, for which the injunction affects 63.

Variscite and Gay filed a complaint on September 26, 2022 against the NYOCM, and moved for an injunction soon after, arguing that the application process approved by the NYOCM is unconstitutional because it...

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