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Major New York State Cannabis Law Update: Key Takaways From the September 12, 2023, Cannabis Control Board Meeting

Cannabis / Marijuana

Major changes have come to the New York State Cannabis market. On September 12, 2023, the New York State Cannabis Control Board — which is the State body responsible for regulating the adult-use, medical, and cannabinoid hemp industries in New York — met to consider Revised Adult-Use Cannabis Regulations, the Adult-Use Cannabis Application, the Cannabis Research License Application, the Cannabis Laboratory Testing Permits, among other things. This blog will highlight some of the most significant developments from the meeting.

In a move that has drawn considerable attention, the State announced plans to allow multi-state operators (MSOs) to enter the adult-use cannabis market.

In what is likely the most consequential regulatory development for legal New York cannabis in months, the Cannabis Control Board adopted a resolution approving certain application forms for adult-use cannabis licenses. The Board also directed that a new applications period for certain adult-use license types open on October 4, 2023 at 8:00 AM Eastern Time and close on December 4, 2023 at 5:00 PM Eastern Time. This will apply to applications for Cultivator, Processor, Distributor, Microbusiness, and Retail Dispensary Licenses. The Office of Cannabis Management will also make available forms to allow Registered Organizations to transition into the adult-use market. Applications for additional licenses types will follow.

Adult Use Conditional Cultivators (AUCC) and Adult Use Conditional Processor (AUCP) licenses in good standing with the Office of Cannabis Management will be able to apply to transition to a non-conditional licenses.

The first application window for the adult-use applications will be open for 60 days. For a subset of retail dispensary licenses who are applying with a location already secured, OCM will review submissions that apply after 30 days, but the general retail dispensary applications will remain open for 60 days.

These developments highlight the importance of having an experienced attorney for cannabis businesses. Navigating the evolving landscape of cannabis law in New York can be complex, especially with the rapid changes taking place. Whether you’re considering entering the market, already have a stake, or just want to stay informed, having an experienced attorney by your side is invaluable.

An experienced lawyer can:

• Guide businesses through licensing processes.

• Advise on compliance with state laws and regulations, which can be essential to avoid penalties, license revocation, or other legal issues.

• Assist with municipal, zoning, and land use applications and approvals.

• Advocate on behalf of clients in disputes or regulatory matters.

If you have questions about the NYS MRTA, local enforcement authority, regulatory or statutory compliance, or zoning and land use matters, contact an experienced attorney for help. The Zoghlin Group offers a range of legal services relevant to the emerging cannabis industry.


For inquiries related to Cannabis/Marijuana Law, and other Municipal Law issues, please contact Jacob H. Zoghlin, Esq. at The Zoghlin Group, PLLC.

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