New York State Cannabis Control Board Approves New Regulations, Licenses, and Social Equity Plan

May 16, 2023

On May 11, 2023, New York State published the second iteration of regulations governing the sale and use of cannabis for adults. These rules and regulations will serve as the foundation for the adult-use cannabis market in the state. The Office of Cannabis Management (“OCM”), the government agency responsible for the cannabis program, introduced these revised regulations after considering over 3,500 comments on the initial regulation package. The revised regulations cover a wide range of topics, including:

(1) the addition of two new license types, a delivery license and a cooperative license.

(2) the introduction of the New York State Social Equity Plan.

(3) the introduction of the cannabis event permit.

(4) the expected date and fee amount for medical marijuana companies to get involved in the New York State adult-use cannabis market.

(5) various technical changes to existing license types, such as the general retail dispensary license and the microbusiness license.

(6) a change in the true party of interest rule.

(7) the creation of a limited retail consumption facility.

(8) changes to license setback requirements and municipal rulemaking.

(9) allowance of receiverships.

(10) removal of the out-of-state ownership restrictions on Registered Organizations.

(11) expanded conversion options for AUCCs including a microbusiness license.

This list, while exhaustive, does not account for all the small and large changes that have been integrated into this revised regulation package. For a complete look at the revised regulations, as published by the Office of Cannabis Management, click here. The publication of the revised regulations starts another 45-day comment period in which the general public can comment on this version of the revised regulations. Based on this timeline, it is expected that the license application portal will open in mid-to-late September of 2023.

If you, or someone you know, are looking to start a cannabis business in New York or have any questions regarding New York’s cannabis laws, the revised regulations or any of the information contained in this alert, please contact, David C. HollandAndrew SchrieverJames K. LandauDoug Trokie, or any other member of the Prince Lobel Cannabis Team.

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