New York’s “Seeding Opportunity Initiative” Opens up Adult-Use Cultivator License Applications to Hemp Farmers on March 15 and Introduces Proposed Regulations that Will Favor Those With Past Marijuana Convictions for Retail Dispensary Licenses

On March 10, New York State’s cannabis regulators filed proposed regulations for conditional adult-use retail dispensary regulations.  The public will have 60 days to provide comment on the proposed regulations before the Cannabis Control Board votes on them.

The proposed regulations place “justice-involved” individuals – those who have been convicted for a marijuana-related offense and their family members – at the front of the line for retail dispensary applications.  To assist those applicants, Gov. Kathy Hochul has proposed a $200 million budget that, if approved by the Legislature next month, would be used to help find, secure and renovate storefronts for the dispensaries.  The state’s goal is for the dispensaries operated by “justice-involved” individuals to open by the end of 2022, with other dispensaries to follow in early 2023.  New York’s approach differs from other states that have legalized cannabis in that it is attempting to address head-on the struggles that social equity license applicants often face in raising capital and starting a business in a highly-regulated industry.  Chris Alexander, the executive director of the state’s Office of Cannabis Management, said he expects 100-200 licenses to go to “justice-involved” individuals.

Under the “Farmers First Program,” the application period for adult-use cultivator licenses will also open up on Tuesday, March 15 and end on June 30, 2022.  Gov. Hochul signed legislation last month that created a new Adult-Use Conditional Cultivator License, authorizing eligible hemp growers to apply for a license to grow cannabis containing over 0.3% THC for the upcoming adult-use market.  To be eligible to apply, the hemp grower must have been authorized to grow hemp under the Department of Agriculture and Markets Industrial Hemp Research Pilot Program and meet certain other requirements.  These conditional licenses make it possible for farmers to grow cannabis in the 2022 growing season.

With these moves, the Seeding Opportunity Initiative seeks to establish a supply chain from New York State farmers to social equity retailers.

The general regulation package for cannabis licenses is expected to be released in May.

New York Conditional Cultivation License – Advanced Preparation (What You Can Do Now To Be Ready)

As we noted is our blog post earlier this week, New York recently adopted legislation to allow licensed hemp farmers to grow and process cannabis for the adult use market with the aim to have product available once retail sales are permitted.

While the New York Office of Cannabis Management has yet to release the form of application (and any implementing regulations), that doesn’t mean that potential applicants should sit idly by and wait.  In reviewing the legislation, its clear that there is plenty of work that can be done now. Continue reading “New York Conditional Cultivation License – Advanced Preparation (What You Can Do Now To Be Ready)”

NY Gov. Hochul signs conditional cannabis cultivation bill to speed-up recreational cultivation

New York Gov. Kathy Hochul signed new legislation on Tuesday that will allow hemp farmers in the state to apply for a conditional license to grow cannabis.

With this legislation, New York is creating a new Conditional Adult-use Cannabis Cultivator license, allowing hemp farmers to grow cannabis in the 2022 growing season to “position New York’s farmers to be the first to grow cannabis and jumpstart the safe, equitable and inclusive new industry we are building”. Conditionally licensed cannabis farmers must hit certain requirements under this law. Continue reading “NY Gov. Hochul signs conditional cannabis cultivation bill to speed-up recreational cultivation”

Notes from New York Cannabis Control Board Meeting, October 2021

By Michael D. Schwamm and Joy Karugu

There were several outcomes of the inaugural New York Cannabis Control Board (CCB) Meeting held on October 5, 2021. The Meeting revealed that the CCB and the Office of Cannabis Management (OCM) will be increasing their staff and taking steps to extend the medical cannabis program and cannabinoid hemp licensing. Also during the Meeting, Jason Starr was announced and voted in as the Chief Equity Officer of the OCM. He will work with Executive Director Chris Alexander in building New York’s social equity program. Continue reading “Notes from New York Cannabis Control Board Meeting, October 2021”

New York’s Cannabis Industry May Finally Get Rolling

The New York State Senate late Wednesday confirmed Governor Hochul’s appointments to lead the agencies that will regulate cannabis sales in New York, giving a major boost to the legalization process that had stalled under former Governor Cuomo.

Tremaine Wright was confirmed as chairperson of the Cannabis Control Board and Christopher Alexander was confirmed as the executive director of the new Office of Cannabis Management, which were formed as part of a bill that legalized recreational use of marijuana in New York this spring.

Continue reading “New York’s Cannabis Industry May Finally Get Rolling”

Confirmation of New York Cannabis Regulator Appointments Delayed

By Michael Schwamm

The Cuomo administration and New York lawmakers will delay the  confirmation of cannabis regulator appointments until a special session after the June primary, POLITICO’s Anna Gronewold and David Giambusso report. The nominees remain a mystery as the widely expected pick to lead the new Office of Cannabis Management, Cuomo’s cannabis czar Norman Birenbaum, apparently has fallen out of favor amid pushback from some advocates and lawmakers.

 

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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