Lawsuit alleges New York cannabis regulators unlawfully ignored newly adopted regulations and applied repealed standards in approving PCA waivers
NEW YORK, NY — January 19, 2026 — Seligson Law, a cannabis-focused business law firm with offices in New York and California, has filed a lawsuit on behalf of NY Cannabis Co., a licensed Manhattan cannabis dispensary, challenging New York’s cannabis regulators’ decision to grant a “public convenience and advantage” (PCA) waiver that would allow a competing dispensary to open within 1,000 feet of NY Cannabis Co., in violation of newly adopted state regulations.
NY Cannabis Co. was granted state-approved proximity protection as part of New York’s adult-use cannabis licensing framework. Proximity protection is intended to prevent a licensed dispensary from being undercut by another dispensary opening nearby, and it is designed to promote regulatory consistency and protect businesses that invest in reliance on state-issued approvals.
In November, New York’s Office of Cannabis Management approved a PCAwaiver for a competing dispensary within the proximity protected radius. That approval occurred just days after stricter regulations took effect that expressly barred the PCA waiver under the applicable circumstances. At the public meeting where the PCA waiver was granted, regulators acknowledged the new rules were already in effect, but stated they would not apply them and would instead use prior standards.
The lawsuit asserts that agencies cannot lawfully disregard binding regulations simply because a waiver request was filed earlier. It asks the court to invalidate the PCA waiver, enforce the regulations as written, and prevent regulators from continuing to approve similar PCA waivers using repealed rules.
About Seligson Law
Seligson Law is a cannabis-focused business law firm with offices in California and New York. The firm represents operators, investors, and entrepreneurs in all aspects of cannabis law, including business transactions, licensing and compliance, employment, real estate, intellectual property, litigation, and corporate finance. Known for its practical, business-minded approach and deep ties to the cannabis community, Seligson Law helps clients thrive in a complex and fast-moving legal environment.
Media Contact
Richard Jordan
Attorney
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rich@seligsonlaw.com | O: (646) 655-9363
https://seligsonlaw.com/
