As New York braces to award its first 150 marijuana retail licenses to people who were penalized for past pot offenses, a law firm with “significant” cannabis clients in the Empire State warned on Tuesday that regulators of the emerging market recently put forth guidance that unconstitutionally excludes out-of-state operators.

Prince Lobel Tye partner David Holland wrote a letter to the New York Office of Cannabis Management outlining that the “Marihuana Regulation & Taxation Act” of March 2021 includes people and entities that operated successfully in other states.