Marijuana Stores Filed a Lawsuit in New York Over Proximity to Schools

• Marijuana stores filed a lawsuit over proximity to schools.
• The state recognized a loophole in the measured distance to schools.
• Stores may continue to operate with provisional licenses.

A group of marijuana stores in New York filed a lawsuit against the state on September 15, 2025, after regulators acknowledged that they had inadvertently allowed the opening of stores near schools, which puts their future at risk.

The lawsuit demands that the New York State Supreme Court in Albany recognize the legal locations of the stores and prohibit the state from taking any actions against them.

This case arose after several weeks following a notice from the marijuana regulatory office that identified nearly 150 existing or planned stores, which regulators misinterpreted the law requiring that stores be a certain distance from schools.

For approximately three years, the state began licensing legal marijuana stores, with officials measuring distance from school doors to business doors, to comply with the requirement to measure within 500 feet (152 meters). Currently, the state asserts that the law indeed requires measuring from the edges of school property.

Approximately 60 stores received licenses and opened under the improper measurement system, while about 40 more have licenses but have not yet opened. Additionally, nearly 50 other businesses submitted applications for licenses and are waiting for further approval from the state.

Opened stores received permission to continue operations, even with provisional licenses, provided they submitted applications for their renewals. The state created a fund, where applicants can receive up to $250,000 for relocation expenses.

The office of marijuana stated that it calls on lawmakers to develop a permanent solution to allow businesses to remain at their locations, but noted that this is not guaranteed. The state legislative body does not meet until the upcoming year.

This issue of proximity to schools has become the latest blow to the legal marijuana program in the state, which has faced administrative challenges, including arrests on the market, legal disputes, and allowed illegal stores to proliferate.

According to the state, there are currently about 450 marijuana stores opened in New York.

Tags: USA/Politics