Plaintiff Variscite NY Four LLCs’ action against New York State’s Cannabis Control Board, its Office of Cannabis Management, and others alleged that New York’s Adult Use Application Program, which accepted applications for adult use retail dispensary cannabis licenses from October through December 2023, violates the dormant Commerce Clause.

Plaintiffs’ instant motion sought a temporary restraining order and preliminary injunction barring defendants’ issuance of Adult Use Licenses or the issuance of additional licenses under the Conditional Adult Use Retail Dispensary Application Program.