Veteran Quartet Challenges State’s Cannabis Office Over Licensing Rules
Four military veterans initiated a lawsuit this week against the state Office of Cannabis Management. They allege that the regulatory body failed to abide by the guidelines of the law that made marijuana legal. The veterans claim the state is wrongfully giving precedence to individuals with previous drug convictions.
According to the legal document presented in the state Supreme Court, the state officials misinterpreted the guidelines while rolling out. The original rules stated that all prospective applicants for “adult-use cannabis retail dispensary licenses” would be treated uniformly. Although these licenses aimed to prioritize “social equity” candidates, it’s contended that this should encompass more than just individuals with past marijuana-related offenses.
Having given over 20 years of service to the U.S. military among them, these veterans emphasize the Office of Cannabis Management’s oversight in not granting licenses to disabled veterans and other minority groups, which they believe is in violation of New York’s Marijuana Regulation and Taxation Act (MRTA).
This lawsuit echoes a previous one from March where a group of medical marijuana stakeholders sought a court directive to kickstart the retail licensing process for everyone immediately.
Thus far, 463 provisional retail licenses have been awarded to those with former cannabis convictions or to non-profit entities catering to minority neighborhoods.
William Norgard, a U.S. Army veteran among the complainants, mentioned, “Suing the state for upholding a law is usually not a veteran’s first course of action. We pledge to guard our nation’s laws and expect the government to respect those laws. The actions of the Office of Cannabis Management are deeply disappointing.”
Both lawsuits share the sentiment that cannabis regulatory officials overreached their jurisdiction by forming a licensing division for those with past convictions, especially when such a decision wasn’t endorsed by the Legislature. They claim that this act is unconstitutional.
The marijuana legalization law initially aimed to grant 50% of all retail marijuana shop licenses to applicants falling under social and economic equity. However, regulators later shifted focus to those with prior convictions.
Carmine Fiore, another plaintiff with eight years of service in the U.S. Army and New York Army National Guard, remarked, “It’s disheartening how service-disabled veterans seem overlooked, even when they’ve been instrumental in community aid. It’s as if our contributions were acknowledged just to pass the law, but once that was done, our concerns became secondary.”
Fiore faced personal setbacks due to these changes. He had acquired a spot in Suffolk County post the marijuana legalization law of April 2021. Yet, when regulators bypassed disabled veterans during licensing, Fiore had to relinquish his spot, missing a chance to become a dominant figure in Long Island’s market.
The other complainants include Steve Mejia and Dominic Spaccio, both with six years of service in the U.S. Air Force.
The Office of Cannabis Management, when asked, refrained from commenting on the ongoing case.
