top of page
Search

Jacob H. Zoghlin Featured in Rochester Business Journal Article on Cannabis Legal Challenges

Writer's picture: Underberg & KesslerUnderberg & Kessler

Jacob Zoghlin headshot

Underberg & Kessler partner Jacob H. Zoghlin and other local professionals shared their perspectives on the challenges in New York’s legal cannabis market and what they see as the biggest obstacles in a recent Rochester Business Journal article.


“One of the biggest and most frustrating obstacles, because of how many of them there are and how much uncertainty they create, is the litigation,” said Jacob H. Zoghlin, an attorney and partner with Underberg & Kessler, who is also a member of the New York State Bar Association’s Cannabis Law Section, where he has chaired the Local Government Committee since 2022.


Zoghlin says there has been a significant amount of litigation surrounding the cannabis system not just in New York, but throughout the country in states that have created regulatory systems to legalize either medical or adult-use cannabis.


“Some of them have been really disruptive, particularly in New York,” Zoghlin said. “And they’ve been disruptive precisely because some of them have resulted in injunctions that have affected the entire market.” He does not anticipate 2025 will see an easing of litigation.

“Fortunately, that’s what the attorneys are here for,” he said. “We are in a position of following along with these laws and the litigation so that we can advise people about what’s going on so that they have less uncertainty than they would have in a vacuum if they were going out of themselves.”


Zoghlin also points to staffing within OCM and its Cannabis Control Board as a continued potential challenge in the year ahead, as well as uncertainty as to what direction the new Trump administration might go in terms of possibly rescheduling or de-scheduling cannabis.

A positive is how the state’s focus on social equity in the cannabis space appears to be shaping up, Zoghlin said. Per OCM’s 2024 Annual Report, of the adult-use cannabis licenses approved to date, 54.1% were awarded to social and economic equity-eligible applicants, surpassing the Marihuana Regulation and Taxation Act’s goal of 50%.


“A lot of states have tried to work on correcting historical injustices and tried to get licenses into the hands of people disproportionately impacted,” Zoghlin said. “And although there’s been a lot of litigation in New York, some of the reporting from the state has been that they have succeeded to a limited degree in getting the first round of licenses to those groups.”


A member of U&K's Cannabis Law, Environmental, Litigation, Municipal Law, and Real Estate & Finance practice groups, Jacob counsels individuals, businesses, citizens’ groups, and municipalities on diverse environmental, land use, zoning, cannabis, energy, and municipal law matters. In his cannabis law practice, Jacob helps entrepreneurs grow their businesses the right way by navigating them through complex state and local requirements, advising them on license applications to the New York State Cannabis Control Board, assisting them with statutory and regulatory compliance, and helping them identify social equity benefits available under the Marihuana Regulations and Taxation Act.


To view the full article, reprinted with permission from Rochester Business Journal, click here.

40 views0 comments

Kommentare


Firm logo
2025 Best Law Firms - Standard Badge (1).jpg
ROCHESTER
300 Bausch & Lomb Place
Rochester, NY 14604
BUFFALO
285 Delaware Avenue, Suite 118
Buffalo, NY 14202
CANANDAIGUA
11 North Street, Suite 300
Canandaigua, NY 14424
GENESEO
32 Main Street
Geneseo, NY 14454

Main Phone: (585) 258-2800  |  Hours: Monday - Friday 9:00 AM - 5:00 PM

Site Search

©2025 Underberg & Kessler LLP  Attorney Advertising. Prior results do not guarantee a similar outcome.

bottom of page