Experienced Cannabis and Marijuana Lawyers in New York State
If you are looking to enter New York State’s rapidly evolving cannabis market, you need a thorough understanding of New York’s cannabis laws and regulations, along with an understanding of how the Office of Cannabis Management (OCM), the Cannabis Control Board (CCB), and other legislative entities work. At Tully Rinckey PLLC, our attorneys have a vast amount of experience when it comes to applying for retail, cultivation, and processor licenses, as well as the formation of cannabis-related businesses. With a firm understanding of all aspects of the Marijuana Regulation and Taxation Act (MRTA), from business formation to cannabis licensing, we are able to assist clients at any stage of their New York cannabis license application or business formation.
What Are the Cannabis Regulations in New York State
Adults who are 21 years of age or older may legally possess cannabis under the MRTA. This law establishes a framework to safeguard public health and safety while advancing social justice and economic growth. Licenses for cannabis growers, processors, distributors, and dispensaries will be issued by the New York State OCM.
Those adults of age are allowed to possess up to three ounces of cannabis and up to 24 grams of concentrated cannabis for personal use. Further, adults can smoke or vape cannabis in spaces where smoking tobacco is allowed under the smoke-free air laws, barring a few exceptions.
Cannabis remains illegal for all individuals under 21 or in federal service. This extends to not only the use but also the possession or sale. Also, no induvial may legally possess more than three ounces of cannabis or 24 grams of concentrated cannabis. Lastly, the sale of cannabis without a license or driving while under the influence or impairment of cannabis remains illegal as well.
How Do You Get a License to Distribute, Cultivate, Sell, or Process Cannabis in New York?
The NYS OCM is in charge of awarding licenses to businesses that want to participate in the adult-use, medicinal, and cannabinoid hemp industries in New York.
As of October 4, 2023, the Office of Cannabis Management we will re-open the Application Portal to allow any individual to apply for Cannabis Cultivation, Distribution, Retail Dispensary, Microbusiness or Processing licenses.
In addition, New York State has also released the pathway for those who were originally issued Conditional Adult-Use Retail Dispensary (CAURD), Adult-Use Conditional Processor, and Adult-Use Conditional Cultivator to convert their license to a non-conditional license.
In addition, the OCM is continuing to roll out additional license opportunities for broader adult-use programs, so those looking to obtain a license should be on the lookout for any news regarding additional license opportunities. Due to the limited number of licenses and strict deadlines for applying, it is strongly encouraged that applicants be up to date on program guidance and New York State cannabis laws so they can ensure their applications are not rejected.
At Tully Rinckey, our attorneys can assist at any stage of the application process and advise prospective clients on the different license types, along with assisting with the drafting and submission of applications.
Why Choose Tully Rinckey for Your Cannabis Matter
Medical and adult-use cannabis businesses involved in the cultivation, processing, and distribution of cannabis must be in compliance with a myriad of complex federal and state laws and regulations. Our team has assisted both local and statewide media outlets with commentary about the ongoing laws and regulations that the New York State Office of Cannabis Management continues to release, in order to further assist both current and prospective clients who wish to enter the cannabis space. A brief selection of those media placements can be found below: