Cannabis Impact Prevention Coalition, LLC v New York State Cannabis Control Bd.

Holding The Appellate Division affirmed the dismissal of the complaint, holding that the state’s use of funds to finance cannabis dispensaries does not conflict with the federal Controlled Substances Act. The court determined that the state law does not create a physical impossibility of compliance with federal law nor obstruct Congress’s objectives, as it does not require individuals to engage in federally prohibited conduct.

The court’s words

neither MRTA nor the challenged regulations pose any requirements on an individual or entity to manufacture, distribute or possess marihuana

2026 NY Slip Op 06364, at the official text

that funding does not require any person to engage in conduct prohibited by the CSA nor does it confer immunity from federal law

2026 NY Slip Op 06364, at the official text

the federal government has come to tolerate such local use, including by prohibiting federal funds from being used to prosecute individuals who comply with state laws

2026 NY Slip Op 06364, at the official text