New York courts handed the Office of Cannabis Management (OCM) and the Cannabis Control Board (CCB) three favorable rulings that affirm regulators’ discretionary authority and protect the State agency’s administrative infrastructure.
“We appreciate the court’s thorough review and validation in these three cases. The favorable resolutions allow us to continue strengthening our internal procedures as our agency and the market mature,” said OCM Executive Director John Kagia. “These rulings affirm key policy frameworks that ensure all our stakeholders are treated equally and fairly under our laws and regulations.”
In Papi’s Secret Stash LLC v. New York State Cannabis Control Board and New York State Office of Cannabis Management, opinion entered on June 2, 2026, the court dismissed the petition and affirmed OCM’s authority to protect the public through its licensing processes. The court upheld the CCB’s denial of a microbusiness license application based on evidence that the applicant had given away or sold unlicensed cannabis. The court found that, even though there was no judicial finding of illegal cannabis sales, “there is no requirement in the Cannabis Law or Regulations that a license may only be denied if there is an adjudicated finding of a violation of state or local law.”
In Wicked Glass v. New York State Cannabis Control Board and New York State Office of Cannabis Management, opinion entered on June 1, 2026, the court dismissed certain challenges to Notices of Violation issued by OCM’s Enforcement Division as moot and refused to allow the petitioners’ other claims to circumvent the administrative fact-finding process, protecting the authority of the Office of Administrative Hearings.
Finally, in Legendary Bliss v. New York State Cannabis Control Board and New York State Office of Cannabis Management, opinion entered on June 2, 2026, the court dismissed the petition, finding that OCM’s requirement that multiple licenses could not be issued for the same address was lawful because it faithfully applied the Cannabis law.
“Effective regulation requires complex coordination involving non-lawyers, courtroom advocates, and policymakers at all levels over many months. I would like to congratulate our incredible in-house team and the Office of the Attorney General, which zealously advocated for the agency in these cases,” said Barbara Graves-Poller, OCM General Counsel.
The New York State Office of Cannabis Management (OCM) oversees the State’s medical, adult-use, and cannabinoid hemp programs. Guided by its core pillars—public health and safety, social and economic equity, community reinvestment, environmental sustainability, and consumer education—OCM works to advance a regulated cannabis marketplace rooted in transparency and accountability.
