BUFFALO, N.Y. — New York's first cannabis license holders are back to square one following the launch of a new general application by the Office of Cannabis Management and weeks of legal uncertainty.
The application opened on October 4 pitting the state's Conditional Adult-Use Retail Dispensary (CAURD) recipients against the general public.
CAURD reserved licenses for people with past marijuana convictions and their families and gave them first access. But since its launch, the program has only resulted in two dozen or so dispensaries - mostly due to legal challenges.
In August, a lawsuit filed by a group of veterans challenged the program's validity and a state supreme court judge blocked over 400 CAURD licensees from moving forward with their plans.
With the general application now open, CAURD, which was supposed to be the state's premier program is now playing second fiddle.
In fact, the Office of Cannabis Management (OCM) has recommended recipients apply in the general pool citing the pending legal action, although CAURD licensees can't be guaranteed they'll get one.
"To defend the Office of Cannabis Management they are most likely not going to be able to prioritize CAURD but as they did with the conditional cultivators they want to know if you have a license," said Aleece Burgio, a cannabis attorney at Colligan Law.
Just like OCM Burgio has advised her CAURD clients to reapply even though they will have to pay an additional $1,000 application fee.
"They're [the state] playing a catch-all. Most CAURDs have to submit in the general because if they don't and CAURD still has a temporary restraining order they're in a really bad spot," Burgio said.
Aaron Vancamp is one of the few people who received a CAURD license and was able to open Dank 716 on Main Street Buffalo before the program was halted.
He told 2 On Your Side that while he is glad the general application will mean licensing can resume his review of how the state handled CAURD is less than stellar. He feels the state should have foreseen potential legal challenges to the program.
"It worked out for me tremendously. I should be thanking them [OCM]. I've done very well here already, but they ruined a lot of people's lives and they haven't been accountable for it at all," Vancamp said.
Other CAURD dispensaries like Herbal IQ in Depew are well aware of the hiccups associated with the program but are less critical of the state.
"Moving forward now it's open to everybody you know they're righting their wrongs and we're going to make sure that there are more places for cannabis to be sold," said Sidney Barrett, Regional Manager for Herbal IQ.
Lucas Dobbins of Leaf Link Inc. in Wayne County told 2 On Your Side that he's losing the last bit of hope for CAURD that he had and has started his own general application.
It's unclear if anyone in the Office of Cannabis Management or lawmakers who helped write the MRTA (Marihuana Regulation and Taxation Act) will ever be held "accountable" for the CAURD program failing as those like Vancamp desires.
But while bureaucratic issues are something he is well versed in now, Vancamps says his customers could care less.
"I think the general feeling is the public doesn't care about the CAURD program, the public wants these stores open and it doesn't matter who has them it just needs to get rolling," said Vancamp.