A New York judge has temporarily ruled in favor of legal cannabis retailers, offering crucial relief to dozens of pot shops facing abrupt shutdowns over a regulatory mistake. The preliminary injunction, issued by Albany Supreme Court Judge Kerri Savona, protects operators of pot shops that were approved under a rule mandating licensed weed sellers be at least 500 feet away from schools.
The case arose after the State Office of Cannabis Management (OCM) admitted in July that it had miscalculated distance requirements using a “door-to-door” measure instead of starting from a school’s property line. This stricter interpretation suddenly put 152 approved pot shops out of compliance. A dozen cannabis operators sued OCM and the Cannabis Control Board over the unexpected change, arguing it jeopardized their investments and community plans.
Judge Savona’s injunction effective until February 15, 2026 gives Governor Kathy Hochul and the Legislature time to pass a law correcting the mistake. The order ensures that existing pot shops can continue operating without fear of enforcement while the state develops a long-term solution.
Attorney Jorge Vazquez, representing the plaintiffs, said his clients feel validated. “There’s less uncertainty,” he remarked, adding that the ruling provides breathing room for pot shops struggling with the evolving legal landscape. Cannabis business leaders also hailed the intervention, saying it shows the state must follow its own rules before penalizing compliant pot shops.
Osbert Orduna, executive director of The Cannabis Place in Queens, called the decision a “cease fire” that still requires a final resolution next year. Nevertheless, he said it was an important victory for small, licensed pot shops trying to establish themselves in New York’s competitive market.
This isn’t the first time cannabis regulators have faced legal setbacks. In 2023, officials settled a discrimination lawsuit alleging the state favored applicants with past marijuana convictions over disabled veterans when awarding licenses to open pot shops. With 482 licensed marijuana dispensaries now operating statewide, the stakes for regulatory consistency have never been higher.
Governor Hochul welcomed the ruling, pledging to work with the Legislature to protect hardworking pot shops and maintain market stability. OCM echoed this commitment, stating the order aligns with Hochul’s goal of supporting impacted pot shops while developing a statutory fix.
For now, New York’s legal cannabis industry and especially its licensed pot shops can breathe a little easier as they await a permanent resolution.
