Hodgson Russ Attorneys Obtain Dismissal of Case Challenging OCM’s Approval of Dispensary Location 

Hodgson Russ attorneys obtained dismissal of a case challenging the Office of Cannabis Management’s (OCM) approval of our client’s dispensary location. This removed any hurdles to our client obtaining its final remaining licensing approvals and opening its dispensary. 

The Petitioner, a cannabis dispensary applicant, commenced an action against both the OCM and our client, also a cannabis dispensary applicant, alleging that, since two dispensary locations cannot be near each other, OCM should have approved the Petitioner’s proposed location instead of our client’s location. The Petitioner argued that it submitted its location before our client, and that even if it didn’t, it was entitled to step into the shoes of a previously approved applicant’s location (that the applicant had abandoned). The Petitioner sought to enjoin OCM from granting any further approvals to our client for their final operations. 

The Hodgson Russ team opposed the injunction and moved to dismiss the case on the ground that, based on OCM’s regulations and guidance, our client’s request for its location was submitted first, and that applicants cannot simply step into another applicant’s previously approved location and bypass everyone else in line for a location approval. The court agreed and dismissed the case rather than simply denying the injunction. The firm’s client has received the final license and is preparing to open the dispensary.