New York’s cannabis industry was unsettled Thursday by a judge’s ruling that appeared to strike down all regulations governing recreational marijuana in the state. But a key portion of the order turned out to be a mistake.
The Wednesday ruling was amended Thursday to reflect a much narrower decision after cannabis growers, sellers and other supporters voiced concerns about the implications.
The decision came in a lawsuit brought by Leafly, a cannabis sales website, which challenged the state’s rules barring marijuana dispensaries from advertising on third-party platforms.
State Supreme Court Justice Kevin Bryant, in a strongly worded decision, sided with Leafly in declaring the state’s rules were arbitrary, capricious and therefore unconstitutional.
His ruling initially appeared to void not just the marketing and advertising rules in question but the state’s entire regulatory regime for being “unconstitutionally vague.”
The decision was later amended to show that the judge voided the state rules dealing only with so-called third-party platforms such as Leafly that help marijuana companies market and promote their products.
By then, multiple news articles had appeared saying New York’s entire system for regulating marijuana had been thrown out, and an uproar had begun. State Sen. Jeremy Cooney, who chairs the Senate’s cannabis subcommittee, was among those who quickly denounced the decision.
[Read more at AP]