消息先是零星传出，随后突然全面爆发：纽约州已就瓦里斯石诉讼达成和解，并撤销了针对手指湖地区成人用大麻零售药房（CAURD）许可证的禁令。该和解协议于2023年5月30日的大麻管制委员会（CCB）会议上获得批准，为新CAURD许可证的发放扫清了障碍。
For a brief refresher (a more detailed synopsis here), Variscite commenced litigation in September of 2022, seeking a judgment declaring the CAURD program unconstitutional based on the Dormant Commerce Clause. Judge Gary L. Sharpe granted Variscite's motion for a temporary restraining order, enjoining the OCM from issuing CAURD licenses for the 5 regions listed in Variscite CAURD applications (Brooklyn, Central New York, Finger Lakes, Mid-Hudson and Western New York).
In March 28, 2023, the OCM's motion to the United States Court of Appeals for the Second Circuit was granted, limiting the injunction to only the Finger Lakes region, Variscite's first choice.
The settlement agreement between the OCM and Variscite (the Settlement Agreement) is itself really interesting, only because of the "relief" provided by the OCM to Variscite: that is, Variscite is guaranteed a "general (not social equity/CAURD) adult use retail dispensary license in the first group of such licenses to be awarded." The Settlement Agreement also provides that if the "general" retail dispensary licenses are narrowed to geographic areas, Variscite gets to pick from it CAURD regions.
The other interesting component of Variscite's advance award is that, even if Variscite's application does not satisfy the revised adult-use rules and regulations or has a TPI that would otherwise disqualify its application, Variscite has the right to supplement and revise its application (including its TPIs), and still be awarded a license.
Variscite clearly bet that filing this lawsuit would result in the award of a retail dispensary license, and in some way, has "leveled up" by securing the "first" adult-use retail dispensary license. The fact that the licensure is effectively guaranteed is an unequivocal win.
当然，瓦里斯奇特CAURD事件的落幕并不意味着纽约当前大麻诉讼的终结——"获取受监管安全大麻联盟"及房东诉讼仍在进行中。 我们同时注意到，随着成人娱乐用大麻申请门户的开放及许可证审核程序启动（包括房地产规则和市政公告条例），将引发大量新的监管诉讼，更不用说当大麻申请者投入巨额资金后随之而来的商业诉讼浪潮。敬请关注后续进展！
