Terp Bros Dispensary, a new legal cannabis dispensary, was set to open on Aug. 15 along a busy commercial stretch of Ditmars Boulevard in Astoria.

Owner Jeremy Rivera signed a lease on June 1, built out the space and hired 23 employees.

Then came a judge’s ruling effectively putting the state’s cannabis rollout in limbo.

What You Need To Know

  • New York's cannabis industry faces an uncertain future after a judge last week extended a pause on the rollout of new dispensaries
  • Owner Jeremy Rivera was set to open Terp Bros Dispensary, a legal dispensary, along Ditmars Boulevard in Astoria on Aug. 15
  • While the store’s future is now in limbo, Terp Bros may qualify for an exception to the injunction for dispensaries that met certain requirements by Aug. 7

“I have, as you see, a dispensary that’s ready to open,” Rivera said Tuesday. “I have cases that are empty. We were supposed to open last week and as of right now, we’re still on hold.”

Rivera, who spent two years in prison, is one of 463 retail licensees.

As the legal market began taking shape last year, the state’s Office of Cannabis Management gave priority to business owners who were justice-involved — meaning they or a close family member had a past marijuana conviction — plus a handful of nonprofits that service them.

But that was contrary to the law, according to a lawsuit brought earlier this month by a group of veterans with disabilities, who say the statute also granted them priority.

The judge in the case issued a temporary restraining order Aug. 7, and effectively extended it last Friday in a decision that harshly criticized the state’s handling of the process.

Now, hundreds of licensees are concerned their plans could go up in smoke.

“If we’re not open in the next couple weeks, I’m possibly going bankrupt,” Rivera said. “We’re not going to be able to pay the rent for this location. I’m currently not working because I took all my focus into opening a dispensary and being full-fledged on this. So I have no other income. I’m living on fumes right now.”

The state Office of Cannabis Management issued a statement Friday that read in part: “While today’s ruling is a disappointment, we are committed to working with the Cannabis Control Board to find a way forward that does not derail our efforts to bring the most equitable cannabis market in the nation to life."

However, there is good news for Rivera. The judge’s ruling said he would make an exception for dispensaries that had met certain benchmarks by Aug. 7. But it’s unclear if and when Terp Bros might be officially cleared to open.

“We followed all the rules,” Rivera said. “We did what the state asked us to do. And now we’re just here waiting.”