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New York cannabis regulator barred from processing retail applications

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A New York state judge on Thursday blocked cannabis regulators from reviewing retail license applications submitted by prospective social-equity marijuana sellers who hadn’t secured store locations before November 2023, dealing another setback to the state’s rocky rollout of its adult-use market.

New York Supreme Court Justice Sharon A. Graff granted a preliminary injunction that affects hundreds of conditional adult-use retail dispensary (CAURD) applications and other provisional license seekers, according to court documents first obtained by Law360.

The ruling stems from a May petition filed by four companies – Organic Blooms LLC, Niagra Nugget LLC, Blackmark LLC and Windward Management LLC – who argued the New York State Office of Cannabis Management exceeded its authority by waiving key requirements for early applicants.

At the crux of the dispute is whether regulators could allow CAURD applicants to submit applications without first securing retail locations and notifying local municipalities – requirements explicitly mandated by the state’s 2021 marijuana law for all cannabis retail license applicants.

“The petition and supporting papers adequately asserts that the secured location and Municipal Notice Requirements are mandatory pre-requisites to filing an application,” Justice Graff wrote in her 14-page decision.

The court also found regulators likely violated state law by opening CAURD applications roughly a year before other social equity applicants could apply, despite statutory language requiring the initial application period “be opened for all applicants at the same time.”

State officials had argued in June that granting an injunction would be “financially ruinous” to hundreds of applicants and cause “widespread, and wholly unjustified, disruption” to New York’s emerging cannabis market. The ruling particularly impacts about 340 pending CAURD applications, the court noted.

Thomas G. Spanos, attorney for the petitioners, called the decision “a victory for all retail dispensary applicants who have been paying bills for locations for over a year,” according to Law360.

Pushing pressure

The injunction marks the latest obstacle for New York’s cannabis market, which has struggled with a slow licensing rollout and saturation due to widespread unlicensed operators. Of approximately 1,799 retail applications filed during last November’s window and another 3,789 in December for dispensaries, many remain unprocessed, according to officials earlier this week.

About 261 recreational shops are currently operating statewide, up from just 40 in December 2023. More than 5,000 total cannabis business applications from last December’s licensing window remain under review, including for retailers, growers and other license types. Many applicants voiced frustration at the Cannabis Control Board meeting on Tuesday over prolonged waiting periods while paying thousands in monthly rent for secured locations.

The average monthly revenue per dispensary has declined from about $900,000 to $450,000 as competition increases, with about 60% of stores tracking below $1 million in annual revenue, according to John Kagia, OCM’s policy director said at the meeting.

“This market is going to get increasingly competitive as we open more doors,” Kagia told the board.

The ruling specifically highlights how proximity restrictions are complicating the licensing process. Cannabis regulations prohibit dispensaries from operating within 1,000 feet of each other in cities with populations over 20,000, or within 2,000 feet in smaller municipalities, absent a waiver.

One petitioner, Blackmark LLC, already lost proximity protection to a CAURD applicant who secured a location after receiving provisional approval, the court noted. Such scenarios create a catch-22 where applicants must maintain costly retail leases without guarantee of approval while potentially losing location rights to later applicants.

“The irreparable nature of this harm exacerbates the loss market share/first mover advantage petitioners face as a result of respondents’ actions,” Justice Graff wrote.

The case also follows a May 2024 state audit ordered by Gov. Kathy Hochul that identified similar concerns about location conflicts in the application process, according to court filings.

The ruling allows regulators to continue processing applications from November window applicants who had secured locations and completed municipal notifications before the deadline, potentially providing some movement in the market while the broader legal issues are resolved.

A scheduling conference is set for December 18 to determine next steps in the litigation.

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Nebraska medical cannabis regulations stall in legislative committee

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A Nebraska legislative committee voted 5-3 against advancing a bill designed to implement and regulate the state’s medical cannabis program, leaving legislators and advocates searching for alternative paths forward, according to the Nebraska Examiner.

The General Affairs Committee rejected Legislative Bill 677, sponsored by State Sen. Ben Hansen of Blair, during a Thursday vote where committee members declined to offer amendments to the legislation, the publication reported.

“I don’t want to shut all the doors right now, but some doors are closing, and they’re closing fast, and so we have to act,” Hansen told reporters after the vote, according to the Examiner.

Nebraska voters approved medical cannabis in November 2024, with residents legally permitted to possess up to 5 ounces with a healthcare practitioner’s recommendation since mid-December. However, the regulatory commission created by the ballot initiative lacks effective power and funding to regulate the industry.

Hansen described his legislation as “a must” for 2025 to prevent a “Wild West” scenario in the state’s cannabis market. The bill would have expanded regulatory structure through the Nebraska Medical Cannabis Commission and extended deadlines for regulations and licensing to allow more time for implementation, the Examiner noted.

Committee disagreements centered on proposed restrictions. A committee amendment would have prohibited smoking cannabis and the sale of flower or bud products while limiting qualified healthcare practitioners to physicians, osteopathic physicians, physician assistants or nurse practitioners who had treated patients for at least six months.

The amendment also would have limited qualifying conditions to 15 specific ailments including cancer, epilepsy, HIV/AIDS, and chronic pain lasting longer than six months.

State Sen. Bob Andersen of Sarpy County opposed allowing vaping due to concerns about youth drug use, while committee chair Rick Holdcroft suggested selling cannabis flower would be “a gateway toward recreational marijuana,” a claim Hansen “heavily disputed,” according to the Examiner.

Hansen now faces a difficult path forward, requiring at least 25 votes to pull the bill from committee and then needing 33 senators to advance it across three rounds of debate, regardless of filibuster attempts.

Crista Eggers, executive director of Nebraskans for Medical Marijuana, remained optimistic despite the setback.

“This will not be the end,” Eggers said, according to the outlet. “Giving up has never been an option. Being silenced has never been an option. It’s not over. It’s not done.”

The legislative impasse is further complicated by ongoing litigation. Former state senator John Kuehn has filed two lawsuits challenging the voter-approved provisions, with one appeal pending before the Nebraska Supreme Court. The state’s Attorney General is also trying to do something about the hemp question, akin to other states across the country.



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One of Las Vegas’ cannabis lounges closes its doors

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Nevada’s cannabis lounge experiment faces some expected growing pains, with one of just two state-licensed venues closing its doors after barely a year in business, according to the Las Vegas Weekly.

“The regulatory framework, compliance costs and product limitations just don’t support a sustainable business model,” said Thrive Cannabis managing partner Mitch Britten, who plans to convert the space into an event venue until regulations loosen up.

The closure leaves Planet 13’s Dazed Consumption Lounge as the only operational state-regulated cannabis lounge in Nevada. Dazed manager Blake Anderson estimates the venue attracts around 250 customers daily, primarily tourists. One other establishment, Sky High Lounge, has operated since 2019 on sovereign Las Vegas Paiute Tribe land exempt from state regulations.

Even with Nevada regulators conditionally approving 21 more lounge licenses, potential owners are struggling to meet the $200,000 liquid assets requirement – particularly social equity applicants from communities hit hardest by prohibition.

Recreational marijuana has been legal statewide since 2017, but public consumption remains prohibited. That’s created an obvious disconnect for the millions of tourists who visit Las Vegas annually but have nowhere legal to use the products they purchase. The state recorded roughly $829 million in taxable sales during the 2024 fiscal year.

“It always comes down to money, and it’s difficult to get a space if you can’t afford to buy a building. On top of that, getting insurance and finding a landowner who’s willing to lease to a cannabis business is a challenge in and of itself,” said Christopher LaPorte, whose consulting firm Reset Las Vegas helped launch Smoke and Mirrors, told Las Vegas Weekly.

Many think the key to future success lies in legislative changes that would allow lounges to integrate with food service and entertainment – playing to Las Vegas’s strengths as a hospitality innovator. In the meantime, the industry will continue to adapt and push forward.

“Things take time,” LaPorte said. “There’s a culture that we have to continue to embrace and a lot of education that we still have to do. But at the end of the day, tourists need a place to smoke, and that’s what these places are.”



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Psyence Group consolidates its shares

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Psyence Group Inc. (CSE: PSYG) told investors that it will be consolidating all of its issued and outstanding share capital on the basis of every 15 existing common shares into one new common share effective April 23, 2025 with a record date of April 23, 2025. As a result of the consolidation, the issued and outstanding shares will be reduced to approximately 9,387,695 on the effective date.

This is the second time a Psyence company has consolidated shares recently. In November, its Nasdaq-listed associate, Psyence Biomedical Ltd. (Nasdaq: PBM), implemented a 1-for-75 share consolidation as the psychedelics company worked to maintain its Nasdaq listing.

Psyence Group reported earnings in February when the company delivered a net loss of C$3 million and was reporting as a going concern. At the end of 2024, the company said it had not yet achieved profitable operations, has accumulated losses of C$48,982,320 since its inception.

Total assets at the end of 2024 were C$11,944,478 and comprised predominantly of: cash and cash equivalents of C$10,611,113, other receivables of C$159,808, investment in PsyLabs of C$1,071,981 and prepaids of C$68,243.

Still, the company is pushing ahead. Psyence told investors that it has historically secured financing through share issuances and convertible debentures, and it continues to explore funding opportunities to support its operations and strategic initiatives. “Based on these actions and
management’s expectations regarding future funding and operational developments, the company believes it will have sufficient resources to meet its obligations as they become due for at least the next twelve months,” it said in its last financial filing.

The company said it believes that the consolidation will position it with greater flexibility for the development of its business and the growth of the company.

 



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