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Attorneys: Marijuana dispensaries could open in WNY next month

2 On Your Side spoke with attorneys who specialize in the cannabis industry to find out more about when marijuana stores could open in WNY.

BUFFALO, N.Y. — On Tuesday night, we learned the U.S. Court of Appeals for the Second Circuit ruled that the state can start awarding marijuana store licenses here in Western New York.

This ruling means that only licenses in the Finger Lakes Region are still held up while that lawsuit plays out in court, and that opens the door for the state to issue licenses here. That lawsuit originally impacted dispensary licenses in five regions, including Western New York. 

The plaintiff argues the application process to get a license to open a marijuana store in New York State was unconstitutional, and their application was rejected because one of their principal applicant partners was convicted of a marijuana-related crime outside of New York.

While the ruling means licenses can be issued in our region, we still don't know when that will happen. We asked two attorneys about that on Wednesday.

"All the applications that they've received, OCM has already looked at and we assume that very shortly they'll be able to start issuing licenses for this region," says Patrick Hines, leader of the Cannabis and Hemp Group, Hodgson Russ.

"There is, and I don't think this is a coincidence, a Cannabis Control Board meeting scheduled for this coming Monday, and as we understand it, there on the docket, they will be awarding more of the Conditional Adult-Use Retail Dispensary Licenses, and our expectation is that now that Western New York is open, that the Cannabis Control Board will be awarding licenses for the Western New York region," said Joseph Schafer, Associate at Lippes Mathias.

So far, our region will be awarded 22 dispensary licenses.

Attorney Joseph Schafer said based on court documents associated with this lawsuit, around 50 applications were filed in Western New York.

But once licenses are issued, how long will it take to actually open the stores?

"I think that, you know, hopefully end of April, I think, is a reasonable estimate, and there could be some operators that are ready to go even sooner, but a lot will be, we'll know a lot more on Monday," Schafer said.

Added Hines: "It should be as soon as the state can get all of the information that they need and as soon as the applicant has all of its ducks in a row, and I think that's specific to the applicant at this point, but obviously, all of the licensees will want to get moving as soon as possible."

The Cannabis Control Board meets Monday morning at 10. The meeting is in Brooklyn, but it's being streamed online. One of the first things on the agenda is to talk about issuing more dispensary licenses.

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