The New York Office of Cannabis Management (OCM) has issued a significant correction to its previous guidance on how to measure the required 500-foot distance between retail cannabis dispensaries and schools. This change has immediate and potentially wide-ranging implications for both pending applicants and currently licensed dispensaries across New York State.<\/p>\n\n\n\n
Prior Guidance<\/strong> Updated Measurement Standard<\/strong> Current Impact<\/strong> The applicants that don’t comply with the distance requirements must find new, compliant locations to proceed with their applicants.<\/p>\n\n\n\n To assist affected applicants, OCM and Empire State Development have created a $15 million Applicant Relief Program to help cover:<\/p>\n\n\n\n Applicants may receive provisional licenses while they secure new locations.<\/p>\n\n\n\n For those affected licensed dispensaries, many of which already operating, the Governor\u2019s Office and OCM are\u00a0pursuing legislation\u00a0to allow these businesses to remain at their current locations.<\/p>\n\n\n\n However, as there is the risk this legislation may not pass and OCM cannot renew licenses at locations that do not comply with the new interpretation of Cannabis Law \u00a7 72 (6), licensees will need a new compliant location before the Cannabis Control Board can finalize license renewal.<\/p>\n\n\n\n <\/p>\n\n\n\n The New York Office of Cannabis Management (OCM) has issued a significant correction to its previous guidance on how to measure the required 500-foot distance between retail cannabis dispensaries and schools. This change has immediate and potentially wide-ranging implications for both pending applicants and currently licensed dispensaries across New York State. Prior GuidanceOCM had long … <\/p>\n
OCM had long advised applicants that the 500-foot proximity restriction should be measured in a straight line from the center of the nearest school entrance to the center of the dispensary\u2019s main entrance\u2014only considering entrances regularly used by patrons. In addition, this rule applied only when the dispensary and school were located on the same street or road.<\/p>\n\n\n\n
OCM recently stated that this method was incorrect and inconsistent with Cannabis Law \u00a7\u202f72(6) which states that \u201cNo cannabis retail licensee shall locate a storefront\u202fwithin\u202ffive hundred feet of a school grounds as such term is defined in the New York Education Law or within two hundred feet of a house of worship.\u201d Section \u00a7\u202f409(2) of the Education Law defines \u201cschool grounds\u201d as \u201cany building, structure and surrounding outdoor grounds, including entrances or exits contained within a public or private pre-school, nursery school, elementary or secondary school’s legally defined property boundaries as registered in a county clerk’s office.”
Reading the two sections together, OCM has adopted a revised standard that requires the licensee to measure a straight line from the dispensary entrance to the nearest point on the school property line \u2014regardless of whether they are on the same road. This new and broader interpretation significantly expands the areas considered off-limits.<\/p>\n\n\n\n
According to the OCM, the revised guidance will affect the following applicants\/licensees (subject to change upon further analysis) :
\u2022 44 pending applicants whose proposed locations may now be noncompliant.
\u2022 108 licensed dispensaries.
Over 80% of the affected parties are in New York City, while the remainder are spread across the rest of the State.<\/p>\n\n\n\nOCM Support for Applicants and Licensees<\/strong><\/h3>\n\n\n\n
\n
\n\n\n\nSupport for Licensees<\/strong><\/h3>\n\n\n\n
<\/p>\n","protected":false},"excerpt":{"rendered":"