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Question: Is a decision or determination of the Cannabis Control Board subject to review or appeal?

Posted by David Holland | Apr 25, 2021 | 0 Comments


Yes, under New York law, specific decisions and determinations with regard to licensure and enforcement of the provisions of the MRTA are subject to judicial review. More specifically, the MRTA provides:

MRTA, Article 6, Section 135 – Actions of the OCM/Cannabis Control Board are subject to Supreme Court review by means of an CPLR Article 78 proceeding.

About the Author

David Holland

As Executive Director of Empire State NORML and President of the New York City Cannabis Industry Association, David has been a leading advocate in the cannabis space for over 20 years. He has represented clients in marijuana related proceedings everywhere from traffic court to the United States Supreme Court, and he helped obtain clemency for five elderly prisoners servicing life without parole for marijuana. David also handles complex civil and criminal litigation in other areas including employment, First Amendment, and business.


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