The New York State Office of Cannabis Management (OCM) confirmed that a court order will allow certain cannabis dispensary businesses to continue using the “door-to-door” method to measure the required distance from schools. The order is in effect until February 15, 2026, while Governor Kathy Hochul and OCM work with the Legislature to make the rule permanent.
After an internal practice review in June 2025, OCM identified a discrepancy between the Cannabis Law and its measurement practice, which was first established in 2022. That discrepancy between agency practice and the Cannabis Law allowed licensed dispensaries to locate too close to schools. OCM took action to bring the agency into compliance with the law and Governor Hochul directed OCM to find solutions that would protect small businesses and ensure business owners are held harmless.
“OCM welcomes this order because it gives cannabis entrepreneurs and communities the stability they need,” said Felicia A. B. Reid, Acting Executive Director of OCM. “Governor Hochul is committed to protecting hardworking businesses so they can continue operating where they’ve already invested, while we work toward a permanent solution.”
Because of the order:
- Impacted applicants can move forward for license consideration using the door-to-door measurement.
- OCM will pause the Applicant Relief Program, which was designed to help applicants cover costs related to having to move or costs incurred at locations that did not comply with Cannabis Law.
“This ruling recognizes the investments made by New York cannabis businesses and ensures they can keep building in the communities most harmed by prohibition,” said Simone Washington, OCM’s Chief Equity Officer. “We will continue working directly with affected applicants and licensees as we pursue a permanent fix with our legislative partners.”
On July 28, OCM notified a total of 152 impacted licensees and applicants (including 108 licensees and 44 applicants) about the proximity correction. OCM will issue updated guidance to stakeholders to align processes with the preliminary injunction period and will share updates as the legislative process advances.
