A New York judge has approved a request from the state attorney general’s office allowing at least 152 licensed marijuana dispensaries to remain in their current locations, even though state regulators previously admitted many were too close to schools under existing law.
The issue surfaced earlier this year when the Office of Cannabis Management acknowledged it had been using the wrong method to measure the 500-foot buffer required between schools and marijuana shops. The agency had measured the distance from school entrances instead of property lines, leaving dozens of dispensaries technically out of compliance.
The ruling prevents the affected dispensaries from being forced to shut down or relocate. Supreme Court Judge Keri Savona’s order gives them the legal certainty to keep moving forward while lawmakers and regulators consider a longer-term solution.
The order directs the Office of Cannabis Management to return to its earlier practice of measuring from a school’s entrance, rather than its property line, when evaluating license renewals and applications through February 15, 2026.
New York officials have signaled that legislative action may be needed to permanently address the setback requirements. Some lawmakers are pushing to reduce the required distance to 200 feet, similar to state liquor laws, while the attorney general’s office has said the businesses should not be penalized for a mistake made by regulators.
The state has also promised up to $250,000 in funding per dispensary to help any operators who may ultimately need to move. For now, the ruling means hundreds of millions in legal marijuana sales will not be disrupted, even as the state’s cannabis program continues to face lawsuits, delays and growing pains.
