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September 27, 2022

Important Developments From the Most Recent NYS Cannabis Control Board Meeting

On Tuesday, September 20, 2022, the New York State Cannabis Control Board (CCB) held its first in-person public meeting. Here’s what happened.

I. Conditional Adult-Use Cultivation and Processing Licenses

The CCB approved the issuance of an additional 19 adult-use conditional cultivator (AUCC) licenses and an additional 10 adult-use conditional processor (AUCP) licenses. This brings the total number of AUCCs to 261 and the total number of AUCPs to 25.

The AUCCs and AUCPs are part of the state’s “seeding initiative.” Along with conditional adult-use retail dispensary (CAURD) licenses, these groups will bring the state’s first adult-use cannabis flower and products to market to sell to consumers.

II. Medical Home Cultivation Regulations

The CCB approved a resolution to publish the revised medical home cultivation regulations in the New York State Register. 

The regulations will allow certified medical patients to cultivate up to three mature and three immature plants at home, with no more than six mature and six immature plants being cultivated in a residence containing at least two certified medical patients over the age of 21. Patients will be allowed to possess up to five pounds of cannabis in their residences.

The regulations will become effective October 5, 2022.

III. Cannabinoid Hemp Regulations

In addition to the medical home cultivation regulations, the CCB approved the adoption of amendments to the cannabinoid hemp regulations. This is an important part of the cannabis ecosystem, and the CCB made substantive amendments to the existing cannabinoid hemp regulations, including:

  • Creation of a new license type for cannabinoid hemp processors 
  • Creation of requirements for using the term “craft” in the labeling and marketing of cannabinoid hemp products
  • Removal of the requirement that cannabinoid hemp products be shelf-stable, allowing for a broader array of products
  • Raising the per serving milligram limit for dietary supplement cannabinoid hemp products from 75 milligrams to 100 milligrams to better align with products in the market

The amendments to the regulations will become effective October 5, 2022.

IV. Transfer of Ownership of Registered Organization Licenses

Originally on the agenda was the approval of transfers of ownership of five registered organizations licenses. Due to CCB attendance and abstention issues, only two of the ownership changes were considered. The CCB approved changes of ownership for PharmaCann of New York, LLC and Citiva Medical LLC.

Barclay Damon’s Cannabis Team will continue to closely monitor developments pertaining to the Marijuana Regulation and Taxation Act’s (MRTA’s) rules and regulations. If you have questions about the MRTA, please contact one of Barclay Damon’s Cannabis Team attorneys. 

If you have questions regarding the content of this alert, please contact Jason Klimek, Cannabis Team co-leader, at jklimek@barclaydamon.com, or another member of the firm’s Cannabis Team.
 

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