This column addresses recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installation focuses on two decisions granting preliminary injunctions enjoining the enactment/enforcement of recently-passed high-profile legislation in New York state. In the first decision, U.S. Senior District Court Judge Gary L. Sharpe found that certain requirements of New York state's retail license program for recreational cannabis violated the dormant Commerce Clause. In the second, U.S. District Court Judge Glenn Suddaby held that several aspects of New York state's revised conceal carry restrictions violated the Second Amendment and were unenforceable.

Judge Sharpe Temporarily Enjoins New York From Issuing Retail Licenses for Recreational Cannabis in Five Geographic Regions. In a highly anticipated decision, Judge Sharpe granted plaintiff Variscite NY One's (hereinafter plaintiff) motion for a preliminary injunction, on the basis that certain of New York state's requirements to obtain a retail license for recreational cannabis violated the dormant Commerce Clause. Variscite NY One v. State of New York et al., No. 1:22-cv-1013-GLS-DJS, Dkt. No. 28 (N.D.N.Y. Nov. 10, 2022)

After legalizing cannabis for nonmedical use by adults over the age of 21 in March 2021, New York regulators sought to create a licensing program that gave preference to those convicted of cannabis-related crimes or who were otherwise harmed by decides of policies targeting those who grew, sold, and used cannabis in New York state. In August and September 2021, New York began accepting applications for the first 150 retail dispensary licenses pursuant to the conditional adult-use retail dispensary application program (CAURD). Specifically excluded from consideration were individuals who had been arrested, but not convicted, on cannabis-related charges in New York as well as people who had only federal or out-of-state convictions. See 9 N.Y.C.R.R. 116.1-.9.