Anti-Cannabis Groups File Lawsuit to Overturn Legalization in New York

On March 31, 2021, New York became the 15th state to legalize marijuana. However, this decision hasn't sat well with everyone, prompting two anti-cannabis organizations and several individuals to challenge the decision legally against the state of New York.

The plaintiffs assert that, as cannabis remains federally illegal, New York cannot legalize it at the state level, according to the Green Market Report. They also contend that messaging about cannabis has inadequately protected children’s health, alleging that some New York mothers have negligently caused their children's deaths after using cannabis.

The groups have likened claims made by the cannabis industry to the deceptive assertions propagated by the tobacco industry, reports Times Union.

The Cannabis Impact Prevention Coalition and Cannabis Industry Victims Seeking Justice, the two main organizations involved in the lawsuit, have petitioned the Supreme Court of New York to nullify the medicinal and adult-use cannabis laws that have been operational for two years.

The complaint stated, “False advertising can mislead vulnerable patients and the public. 'Medical' use might inadvertently lead to addiction, an increased risk of psychosis, mental or psychosocial impairment, lung damage from smoking, and complications for unborn children when used during pregnancy. The existence of 'medical marijuana' dispensaries may increase minors' access to recreational marijuana.”

Post-legalization, the state faced challenges with cannabis sales as fewer retail shops opened than expected. New York continues to locate and close thousands of illicit marijuana stores across the state.

According to federal law, marijuana remains a Schedule 1 controlled substance — a list that also includes drugs like heroin, ecstasy, and LSD.