New York judge grants temporary relief to pot shops over school buffer rule error

A New York Supreme Court judge issued a preliminary injunction Thursday that shields licensed cannabis dispensaries from shutdown over a distance rule regulators admit they misapplied. Albany Supreme Court Judge Kerri Savona ordered that enforcement of the required 500-foot buffer between cannabis shops and schools be paused while lawmakers and the Hochul administration work to correct the error. The injunction is in effect through Feb. 15, 2026, giving the state time to pass a fix.

The dispute centers on how the buffer distance is measured. Regulators acknowledged they calculated 500 feet from the doors of a school rather than from the school property line, a stricter standard that would have put 152 approved licensees out of compliance. There are 482 licensed marijuana dispensaries in New York, and 12 operators had sued the Office of Cannabis Management and the Cannabis Control Board over the sudden change.

Savona’s injunction protects operators as long as they meet the existing rules on distance from schools while the Legislature and the administration consider a fix. The judge noted that neither the state Office of Cannabis Management nor the state Attorney General’s office objected to the ruling. Jorge Vazquez, an attorney for the plaintiffs, said the decision makes clients feel heard and that it opens a path for a legislative course correction. “There’s less uncertainty,” Vazquez said. “We welcome the opportunity for the legislature to do a course correction.” Osbert Orduna, executive director of The Cannabis Place in Queens, called the ruling a “huge deal,” while cautioning that it is effectively a temporary cease-fire pending a final resolution next year.

The decision comes as lawmakers and regulators navigate a regulatory backlog and a string of legal actions tied to New York’s cannabis markets. Regulators have faced cases challenging licensing processes and distance requirements in various contexts. The injunction also arrives amid broader state action on cannabis policy, including a 2023 discrimination settlement in which the state was accused of favoring convicted pot felons over disabled veterans in license awards. The current pause helps maintain the status quo for operators while the policy framework is reworked. There are currently 482 licensed marijuana dispensaries in the Empire State.

The temporary relief addresses immediate concerns for affected operators, but observers expect a final resolution next year after negotiations between the governor and the Legislature. The case highlights ongoing tensions between rapid legalization, regulatory precision, and the need to balance public safety with market stability as New York’s cannabis program matures.