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New York’s struggling legal pot industry has been thrown into turmoil yet again after a judge issued a ruling striking down state rules banning cannabis advertising and marketing as a violation of commerce and free speech.

The same Albany judge, Kevin Bryant, last summer struck down other Cannabis Control Board rules as illegal for providing convicted potheads preference in obtaining licenses over disabled vets and other applicants.

The legal woes last year froze the licensing and opening of new cannabis shops for months while the number of unlicensed marijuana shops sprouted across the city and state like weeds.  

In a withering 13-page ruling issued Wednesday, Bryant said the Office of Cannabis Management issued regulations outlawing promotions and marketing on third-party platforms without evidence backing them up, all but saying the edicts came out of thin air.

“There is nothing in the record to establish precisely how OCM developed the regulations,” Bryant said.

“This court must find that the conclusion was arbitrary and capricious and that there is no substantial basis in the record to support respondents [OCM’s] action. The regulations are unconstitutional violations of petitioners’ free speech rights.”

The ruling tossed out the Third-Party Marketing Ban that also covered the listing of prices of cannabis products like loose flower, joints and gummies.

Cannabis operators expressed alarm that the ruling appeared to toss out virtually all of OCM’s rules.

But the judge amended the ruling on Thursday to limit its impact to ones banning ads.

Seattle-based third-party cannabis promoter Leafly, a licensed cannabis store in upstate Rensselaer, brought the case.

Stage One dispensary and one of its customers, Rosanna St. John, was also party to the suit.

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The plaintiffs claimed the state OCM barred Stage One from contracting with Leafly to promote its cannabis products on Leafly’s site.

 “We are pleased to hear that the court agreed with our claims and we couldnt be more excited to support consumers and licensed retailers in New York with Leaflys full suite of products and services,” Leafly said in a statement.

“We hope this decision ultimately leads to a healthy, stable adult-use market in the state. Its impossible to overstate the importance of providing consumers with choices, and educational information when making purchasing decisions. It is critically important that licensed-retailers have equal access to important advertising and marketing tools to help them succeed in a competitive landscape.” 

The Post has reached out to OCM and state Attorney General Letitia James’ office, OCM’s lawyer, for comment.

Gov. Kathy Hochul, who oversees OCM, did not comment Thursday when reporters in Albany asked her questions about the ruling.

She recently initiated a review and potential overhaul of OCM’s licensing and management.

Judge Bryant ordered the state to pay for plaintiffs’ legal expenses.

Additional reporting by Vaughn Golden

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South Korean court clears Wemade ex-CEO in Wemix manipulation case

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South Korean court clears Wemade ex-CEO in Wemix manipulation case

South Korean court clears Wemade ex-CEO in Wemix manipulation case

After nearly a year of legal proceedings, a South Korean court acquitted former Wemade CEO Jang Hyun-guk of market manipulation charges.

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Is there £15bn of wiggle room in Rachel Reeves’s fiscal rules?

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Is there £15bn of wiggle room in Rachel Reeves's fiscal rules?

Are Rachel Reeves’s fiscal rules quite as iron clad as she insists?

How tough is her armour really? And is there actually scope for some change, some loosening to avoid big tax hikes in the autumn?

We’ve had a bit of clarity early this morning – and that’s a question we discuss on the Politics at Sam and Anne’s podcast today.

Politics Live: Reeves to reform financial regulations

And tens of billions of pounds of borrowing depends on the answer – which still feels intriguingly opaque.

You might think you know what the fiscal rules are. And you might think you know they’re not negotiable.

For instance, the main fiscal rule says that from 2029-30, the government’s day-to-day spending needs to be in surplus – i.e. rely on taxation alone, not borrowing.

And Rachel Reeves has been clear – that’s not going to change, and there’s no disputing this.

But when the government announced its fiscal rules in October, it actually published a 19-page document – a “charter” – alongside this.

And this contains all sorts of notes and caveats. And it’s slightly unclear which are subject to the “iron clad” promise – and which aren’t.

There’s one part of that document coming into focus – with sources telling me that it could get changed.

And it’s this – a little-known buffer built into the rules.

It’s outlined in paragraph 3.6 on page four of the Charter for Budget Responsibility.

This says that from spring 2027, if the OBR forecasts that she still actually has a deficit of up to 0.5% of GDP in three years, she will still be judged to be within the rules.

In other words, if in spring 2027 she’s judged to have missed her fiscal rules by perhaps as much as £15bn, that’s fine.

Rachel Reeves during a visit to Cosy Ltd.
Pic: PA
Image:
A change could save the chancellor some headaches. Pic: PA

Now there’s a caveat – this exemption only applies, providing at the following budget the chancellor reduces that deficit back to zero.

But still, it’s potentially helpful wiggle room.

This help – this buffer – for Reeves doesn’t apply today, or for the next couple of years – it only kicks in from the spring of 2027.

But I’m being told by a source that some of this might change and the ability to use this wiggle room could be brought forward to this year. Could she give herself a get out of jail card?

The chancellor could gamble that few people would notice this technical change, and it might avoid politically catastrophic tax hikes – but only if the markets accept it will mean higher borrowing than planned.

But the question is – has Rachel Reeves ruled this out by saying her fiscal rules are iron clad or not?

Or to put it another way… is the whole of the 19-page Charter for Budget Responsibility “iron clad” and untouchable, or just the rules themselves?

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Is Labour plotting a ‘wealth tax’?

And what counts as “rules” and are therefore untouchable, and what could fall outside and could still be changed?

I’ve been pressing the Treasury for a statement.

And this morning, they issued one.

A spokesman said: “The fiscal rules as set out in the Charter for Budget Responsibility are iron clad, and non-negotiable, as are the definition of the rules set out in the document itself.”

So that sounds clear – but what is a definition of the rule? Does it include this 0.5% of GDP buffer zone?

Read more:
Reeves hints at tax rises in autumn
Tough decisions ahead for chancellor

The Treasury does concede that not everything in the charter is untouchable – including the role and remit of the OBR, and the requirements for it to publish a specific list of fiscal metrics.

But does that include that key bit? Which bits can Reeves still tinker with?

I’m still unsure that change has been ruled out.

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LA sheriff deputies admit to helping crypto ‘Godfather’ extort victims

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LA sheriff deputies admit to helping crypto ‘Godfather’ extort victims

LA sheriff deputies admit to helping crypto ‘Godfather’ extort victims

The Justice Department says two LA Sheriff deputies admitted to helping extort victims, including for a local crypto mogul, while working their private security side hustles.

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