Cannabis in New York: Update on Proposed Eligibility Requirements for a Conditional Dispensary License
On Tuesday, May 17, the New York State Office of Cannabis Management (OCM) Executive Director Chris Alexander led a webinar focused on the proposed eligibility and requirements for a conditional dispensary license. Below is an overview:
- As of today, no one in NYS is legally authorized to sell cannabis for recreational use
- Medical Marijuana sales are legal for people who are certified by a health care provider
Seeding Opportunity Initiative
- This program will be the first of its kind in the nation.
- This initiative will allow NYS to create and grow an equitable cannabis industry that will support business owners.
- Individuals with cannabis convictions (or family members) who have experience owning a business will be the first to be considered for the retail license.
What is a Conditional License?
A conditional license is a Conditional Adult-Use Retail Dispensary (CAURD) that ;
- Be limited to people with previous cannabis conviction (or their eligible family members) and prior business ownership experience
- The conditional license period will be for four years (with a two-year renewal)
- Only issue a small number of overall licenses (a select group of all retail)
CAURD gives Extra Support to individuals who are:
- Eligible for Cannabis Investment Funding. It will consist of
- A mix of state and private funding
- The money can be used to help:
- Find and lease space
- Design or build out a dispensary
- Fit-out location with furniture, software, and equipment
- Assist with seeking support for the development and growth of your new business
What does it mean to be Justice-Involved? (New way to say “Legacy Program or Legacy Candidates”)
- Individuals (the person applying for the license) was convicted of a cannabis-related offense in NYS, OR
- Individuals were married to someone when they were convicted of a cannabis-related offense in NYS, OR
- Individuals are the child/dependent of someone who was convicted of a cannabis-related offense in NYS, OR
- Individuals are the parent/guardian of someone who was convicted of a cannabis-related offense in NYS
- You will have to provide proof of this conviction
“These are proposed regulations, they are not yet final” – stated by Chris Alexander throughout the presentation.
Documentation and Requirement for Justice Involvement Candidates:
- Be prepared to provide proof of the conviction prior to 3/31/2021
- Other different types of documentation will be considered for acceptance
- Where you lived at the time of conviction and documentation proving you lived there
- Applicants who lived in areas with a low median household income at the time of arrest or conviction will be prioritized
- If the person convicted was your family member, proof of how you’re related
Documentation for General Applicants Seeking a License:
- Individuals must currently own a business
- For CAURD applicant(s), they must show proof of owning at least 10% of a business
- Demonstration of at least two years of positive net profits when you owned the business will also be required
Additional Documentation for Considerations:
- Meet minimum ownership criteria for CAURD
- Provide a Business Plan – including information about the planned dispensary, the people who will be owning/operating the business
- Financial documents – tax returns, financial statements for the business applying for the CAURD license, and the previously owned qualifying business
- All owners of the proposed business will have to submit financial documents
- Fingerprint submission
- $2,000 non-refundable application and license fee
- OCM is still developing plans. They will share feedback from this seminar when the regulations are released.
To share feedback with OCM, contact email@example.com
For more information on how Capalino can help your company or organization expand in the New York market, email Tunisha Walker-Miller at firstname.lastname@example.org or Michael O’Boyle at email@example.com.