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Cannabis Control Board approves lawsuit settlement: what happens next?

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ROCHESTER, N.Y. (WROC) — The Cannabis Control Board voted to approve a settlement for two lawsuits, one of which was filed by NY veterans, claiming that they were left out of the Office of Cannabis Management’s criteria for CAURD.

According to the Cannabis Control Board, if the New York Supreme Court approves these agreements, the injunction will be lifted. CAURD provisional licensees will receive an explanation of what to expect.

Attorney for Tully Rinckey, and expert on cannabis law, Ryan McCall, said the settlement likely has attorney fees and license approval; though details on it are not public.

“I think the probability that the judge outright denies the settlement is unlikely,” McCall said. “I’ve had cases like this before where a judge needs to approve a settlement, and they may come back and say ‘hey listen, you may have a tentative settlement, but I need to see X, Y, and Z.

“I think if anything you’re going to see something to that effect, but it’s unlikely that the judge will come out and say I don’t take if you’ve reached an agreement, I’m not accepting it. That would be unlikely,” he said.

The lawsuit was filed by Carmine Fiore, William Nargard, Steve Mejia, and Dominic Spaccio, who allege that the CAURD application process left out service-disabled veterans. Due to the lawsuit, an injunction was filed that prevents OCM from granting and processing new licenses.

Business owners and cannabis farmers were hoping that this vote would take place at the previous board meeting, which was held two weeks ago. Instead, the board announced that some items were removed from the agenda, which led to those making public comments expressing their frustration over the lack of communication.

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