New York pot shop-to-school distance mistake may force dozens to relocate


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Summary

In limbo

A measuring mistake by New York officials may now mean more than 100 cannabis shops could have to relocate.

The mistake

Regulators admitted that they used improper measurements when determining the distance shops must be from schools.

Impact

The mistake affects dozens of businesses that are currently open, and dozens more that have yet to open.


Full story

Dozens of New York recreational marijuana stores are in limbo after officials admitted a mistake. Regulators said they improperly measured the legally designated distance between some shops and schools.

Now, more than 100 cannabis shops may have to move if lawmakers don’t come up with a quick solution.

‘Utter failure of leadership’

One owner of a dispensary in the Big Apple told The Associated Press that they just recently received the news that their shop was too close to a nearby preschool.

“The way they executed this was a complete and utter failure of leadership,” dispensary owner Osbert Orduña told the AP.

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Notices sent out

Shop owners were notified of the issue in a letter from the New York Office of Cannabis Management in July. In the letter, officials acknowledged they should have been measuring from the edge of the schools’ property line. Instead, they were measuring from the entrance of the schools to ensure they were in compliance with legal requirements that state pot shops must be at least 500 feet away from a school.

“To give you this news, and for the weight of it, I am incredibly sorry,” the notification from Felicia A.B. Reid, the acting executive director of the cannabis agency, reads.

A sizable portion of the state’s 450 cannabis dispensaries are now affected as a result of the error.

Impacted shops

Around 60 of the shops were reportedly issued licenses using the mistaken measurements, with most being in New York City. Forty more have licenses, but have yet to open. Fifty other businesses have also applied for permits under the erroneous measurements.

New York has created a fund for pot shops where applicants can be awarded up to $250,000 for relocation costs. However, dispensaries that are already open do not qualify for money for the fund, which totals $15 million, according to the Office of Cannabis Management.

The shops that were already open and impacted by the measurements were advised that they can remain in operation even with expired permits, so long as they submit an application for renewal.

Officials noted in a statement that businesses can receive “proof of a valid license or a letter of good standing to operate” by getting in touch with the cannabis office.

Hochul calls on lawmakers for a fix

Gov. Kathy Hochul, D-NY, has urged state legislators to come up with a permanent solution that will allow shops to remain at their current locations, but lawmakers are not scheduled to meet again until January. 

“These people have worked hard,” Hochul said. “They’ve waited a long time. They put their life savings into something that they thought was going to help them support their families. So, what I’ve been doing is, first of all, reassuring them that you’re going to be OK. Secondly, we need to get the law changed to have a fix.”

In the meantime, shop owners have to navigate through an uncertain future.

“How do you grow your business not knowing where you’re going to be a few months from now?” shop owner Jillian Dragutsky said to the AP. 

Issues before the measuring error

The improper measurements are just the latest snafu from New York’s legal marijuana program, which has been hampered by lawsuits, a rocky rollout and inefficiencies in the law that allowed illegal drug markets to grow. 

An internal audit of the agency last year revealed multiple issues, ranging from improperly trained management to changes in licensing rules. 

Even before this latest issue, state lawmakers had vowed to revamp the agency.

Recreational marijuana in New York was legalized for use in 2021, and licensed sales of weed were authorized in 2022. The state reported more than $1 billion in retail sales in 2024, which generated $80 million in state tax revenue.

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Why this story matters

Hundreds of New York cannabis retailers face uncertainty after officials admitted an error in measuring distances between shops and schools.

Regulatory oversight

Errors in how state agencies enforce legislation have created operational and financial challenges for cannabis businesses, raising concerns about effective oversight.

Business uncertainty

Cannabis shop owners must navigate significant instability regarding their permits and locations, impacting their ability to plan, invest and grow as they await legislative solutions.

New York's legal marijuana rollout

New York's legalization process has led to awsuits and procedural errors, affecting both business owners and the state’s ability to regulate and benefit from the expanding market.

Get the big picture

Behind the numbers

About 100 cannabis dispensaries in New York are affected by a misinterpretation of the law regarding proximity to schools. About $250,000 in relocation funds is available to help impacted businesses, with nearly 450 dispensaries in operation or pending approval.

Community reaction

Business owners express frustration and concern about the possibility of having to relocate. Local dispensary operators cite significant investments and fear about banking, insurance and inventory impacts, as highlighted in statements from affected entrepreneurs.

Terms to know

Dispensary: a store licensed to sell cannabis products. Property line: the legal boundary marking the edge of a property. Office of Cannabis Management: the state agency overseeing New York's legal marijuana market.

SAN provides
Unbiased. Straight Facts.

Don’t just take our word for it.


Certified balanced reporting

According to media bias experts at AllSides

AllSides Certified Balanced May 2025

Transparent and credible

Awarded a perfect reliability rating from NewsGuard

100/100

Welcome back to trustworthy journalism.

Find out more

Bias comparison

  • Media outlets on the left sharply contrast with right-leaning narratives by emphasizing the regulatory “disaster” and leadership “failure” behind New York’s policy allowing pot shops “too close to schools,” using emotionally charged terms like “major screw up” and “grenade in the laps” to spotlight business owners’ frustrations and legal uncertainties.
  • Not enough unique coverage from media outlets in the center to provide a bias comparison.
  • Media outlets on the right underscore caution, portraying the proximity issue as a flawed policy endangering children but de-emphasize detailed criticism or industry impact, focusing instead on the need for correction.

Media landscape

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49 total sources

Key points from the Left

  • New York regulators are urging lawmakers to create a permanent fix for marijuana shops too close to schools, which could potentially disrupt operations.
  • Jillian Dragutsky, owner of Yerba Buena dispensary, expresses concern that the proximity issue impacts banking and insurance due to licensing requirements.
  • Kathy Hochul criticized the situation as a 'major screw up' and labeled the execution as a 'complete and utter failure in leadership.'
  • Licensed shops can remain open and operate with expired licenses if they apply for renewal.

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Key points from the Center

  • New York licensed about 100 cannabis shops too close to schools due to incorrectly measuring from school doors instead of property lines.
  • The shops, about 60 open and 40 licensed but not opened, are now in limbo and may have to relocate.
  • The state is urging lawmakers for a fix to allow the shops to remain, and offering up to $250,000 to relocate.

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Key points from the Right

  • About 100 cannabis shops in New York are uncertain about their futures as they await a legislative fix regarding their locations near schools.
  • Felicia A.B. Reid, acting executive director of the cannabis agency, expressed regret about the situation, stating, "I am incredibly sorry."
  • Reid acknowledged the hard work and waiting of the cannabis shop owners, saying, "These people have worked hard. They’ve waited a long time."
  • Reid has been reassuring the cannabis shop owners that they will be okay amidst the uncertainty.

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