ALBANY, N.Y. (NEWS 10) – With more hurdles keeping New York dispensaries in limbo, NEWS 10 spoke with an area farmer and a New York City pot lawyer to find out just what is at stake.
“The Lawsuit you know, brings about a certain amount of anxiety. And, rightfully so,” says CEO, Phil Spinelli of Nightshade Farm.
With the latest injunction to delay the budding new business, Spinelli telling NEWS 10 this latest court case is not as big of a concern as one might think.
“Thinking about an extractor like us, would take on, we would make into oil and then from there that oil can be introduced into a myriad of products from vaporization cartridges to edibles like gummies,” says Spinelli.
“So, reaching out to and most logically would be an extractor because we’re kind of the first line in creating value added products,” says Spinelli.
Spinelli telling us that folks need to be patient.
“Everybody just needs to take a deep breath and know that there will be opportunities shortly,” says the CEO of Nightshade Farm.
The pot farmer says marijuana can be preserved and shelved for quite some time.
“And, if it’s being properly stored it has, you know, really at the very least six months to you know move that product and really up to it you know properly stored up to a year,” says Spinelli
Associate, Fatima Afia with Hiller PC’s Cannabis Law practice says the lawsuit will have its challenges as the case surrounds an illegal product for interstate commerce.
“You know we do have this dormant Commerce Clause and for whatever reason courts continually apply it even in the Cannabis industry, despite Federal illegality,” says Afia.
“If a state does anything that would harm or hinder the progress of interstate commerce which only Congress has the power to regulate then that would be considered triggering the dormant Commerce Clause,” says the Associate with Hiller PC’s.
Both the farmer and the lawyer telling NEWS 10 the Office of Cannabis Management will be announcing some Conditional Adult Use-Retail Dispensary(CUARD) licensees not affected by the 5-region lawsuit, November 21.
“Whatever happens there was a really genuine desire I think among OCM to really prioritize the people who need the most support and I think that making this initially just open to New York residence was the right way to go,” says Afia.