Prince Lobel: New York Cannabis Business License Application Opens October 4th

September 12, 2023: New York’s cannabis market got a jump start at this morning’s meeting of the state’s Cannabis Control Board (CCB). The CCB approved final cannabis business regulations, and confirmed that the window to accept cannabis business license applications will open on October 4, 2023, following which applicants will have 60 days to submit applications. The first applications will be for the following license types: (1) Cultivator; (2) Processor; (3) Distributor; (4) Microbusiness; and (5) Retail Dispensary, with assurance by the CCB that applications for additional license types “will follow soon after.” New York’s medical cannabis providers, known as Registered Organizations, are now eligible to apply for these licenses in the adult-use market. Adult-Use Conditional Cultivator and Processor license holders in good standing will also be able to transition to non-conditional licenses through submission of forms once the portal opens.

The CCB and the Office of Cannabis Management (OCM) have also approved final regulations, which can be found here: NYS ADULT REGS. The approved sample for the application may be found hereADULT USE MOCK APPLICATION. It’s a lot to digest (428 pages combined), but we’re already preparing to finalize application materials for many applicants who have gotten ahead of the curve by working with us on strategy and submissions.

Applicants who have already secured locations have a chance to be reviewed on a faster track. The OCM will begin reviewing submissions for those with location approval 30 days from when the application period starts. The application for the other license types listed above, including for a retail dispensary, will remain open for 60 days from when the portal opens in early October.

If you’re interested in applying, it’s not too late. We’re ready with legal strategy and documentation to assist you at every step, from forming your company to submitting your cannabis license application to getting and keeping your business open and rule-compliant to helping plan your long-term growth and exit strategies. The window for these initial licenses will open on October 4th, and will stay open for 60 days so there’s enough time to be one of the first-round general license applicants if you get started now.

For more information about obtaining cannabis licenses in New York, please contact David HollandJames K. LandauAndrew SchrieverMike RossJohn Bradley, or any other member of the Prince Lobel Cannabis Team.

With thanks to Alexander Hymowitz for his work on this Client Alert.

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Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild