A accompaniment Supreme Cloister adjudicator has denied a motion to abolish a accusation adjoin the accompaniment for accretion the cardinal of medical marijuana licenses from the aboriginal five.
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Justice W. Brooks DeBow, who is authoritative over the case in Albany County Supreme Court, issued an adjustment Monday abstinent the afresh awarded medical marijuana companies’ motion to abolish the lawsuit, New York Medical Cannabis Industry Association v. New York Accompaniment Department of Health, 2848-17.1. The clothing was filed by the aboriginal bristles medical marijuana licensees adjoin the state.
The intervenors in the clothing were issued a authorization by the accompaniment to abound and advertise the biologic in August (NYLJ, Aug. 1), admitting the accusation ahead filed by a barter accumulation that represents the antecedent licensees who argue the added grower-distributors.
In backward August, the bristles new medical marijuana companies—who ranked six through 10 back the accompaniment approved bidders for the medical marijuana affairs in June 2015—submitted a cross-motion to abolish the antecedent bristles medical marijuana lawsuits adjoin the accompaniment arguing that the affairs in its absoluteness lacked continuing and on accommodation grounds.
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Lawyers for the intervenors—Citiva Medical, Fiorello Pharmaceuticals, New York Canna, PalliaTech NY and Valley Agriceuticals—claimed during articulate arguments in mid-September (NYLJ, Sept. 12) that the bristles aboriginal medical marijuana companies could not authenticate that they accept suffered an abrasion afterwards the accompaniment finer angled the bulk of companies in the program.
“While the attributes of the advancing abrasion to plaintiff/petitioner’s members—i.e. bread-and-butter abuse from added bazaar competition—may be bereft to abutment standing, it is an injury-in-fact because they will be afflicted by accepting their bazaar allotment decreased by half,” DeBow wrote in his decision, filed with the Albany County Supreme Cloister Thursday.
The New York Medical Cannabis Industry Association, which is actuality represented in the accusation adjoin the accompaniment by Jennifer Kavney Harvey, a activity accomplice at Albany-based Couch White (NYLJ, Sept. 28), said they were reviewing DeBow’s decision.
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Lawyers for the amid companies—which accommodate attorneys from Syracuse-based Bond Schoeneck & King; Loeb & Loeb; Duane Morris; Sher Tremonte in New York City and Massachusetts-based Shlansky Law Group—didn’t anon acknowledge to appeal for comment.
DeBow additionally absolved a motion by a California-based aggregation to book an amicus abrupt in the case. The companies who were afresh awarded medical marijuana licenses filed a announcement of law backward aftermost anniversary in activity to West Sacramento Management Accumulation LLC's motion for leave to book an amicus curiae abrupt in the accusation (NYLJ, Sept. 28) arguing that the proposed amicus curiae brief “lacked any different acknowledged analysis.”
In his order, DeBow writes that he’s abstinent West Sacramento’s motion because the “causes of activity that are primarily pertinent to the proposed amicus abrupt will be dismissed, and thus, the arguments asserted by movant are moot.”
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“Second, movant is not gluttonous to brighten issues as a acquaintance of the court, but has submitted an belligerent abrupt in following of advancing its own interests and those of analogously anchored entities,” he continued. “
Sam Breslin of Albany-based abounding account close Breslin Law Group, who is apery West Sacramento in the proceedings, did not anon acknowledge to appeal for comment.
The New York Medical Cannabis Industry Association filed the accusation in May arguing that acceptance added companies to accomplish marijuana will cannibalize an industry that has struggled back its birth in 2016. As of March 30, the accompaniment had calm aloof $585,000 in tax acquirement from the auction of medical marijuana in New York, far beneath than the $4 actor in acquirement from a 7 percent customs tax on medical marijuana the Cuomo administering had projected back the affairs began aftermost year.
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