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Clark Smith Villazor LLP Reaches Settlement with State Cannabis Agencies on Behalf of Service-Disabled Veteran Clients

November 28, 2023

Earlier today, Clark Smith Villazor LLP filed a Stipulation and Proposed Order of Settlement and Dismissal with Supreme Court, Albany County seeking Justice Kevin Bryant’s approval of the settlement reached by CSV on behalf of its four service-disabled veteran clients and New York’s two cannabis agencies and their top executives to resolve the case brought by the service-disabled veteran clients challenging the constitutionality of the cannabis agencies’ conditional adult use retail dispensary (“CAURD”) license program.  The case is captioned Fiore v. New York State Cannabis Control Board, No. 907282-23.  Prior to settlement discussions, CSV successfully obtained a preliminary injunction from the Court halting the processing of CAURD licenses and the CAURD program based on the Court’s finding that the program was likely unconstitutional and causing irreparable harm to CSV’s clients.

Pursuant to the Stipulation and Proposed Order of Settlement and Dismissal, the cannabis agencies agreed (i) to grant each of the four service-disabled veterans an adult-use retail dispensary license and site protection over a chosen location, (ii) to halt the issuance of any new provisional CAURD licenses until April 2024, and (iii) to create and dedicate agency resources to existing and new business development programs available to service-disabled veteran owned businesses and the other social and economic equity groups expressly prioritized by the New York legislature in the Marijuana Regulation & Taxation Act.

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