Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Alert

Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

February 17, 2022

The Sixth New York State Cannabis Control Board Meeting

On Thursday, February 17, 2022, the New York State Cannabis Control Board (CCB) of the Office of Cannabis Management (OCM) held its sixth public meeting. The CCB addressed OCM staffing, the delegation of hiring to the executive director, proposed medical cannabis regulations, more details concerning the proposed social and economic equity fund, and the executive director’s report.

The CCB approved a resolution to make changes to the medical cannabis program regulations under the Marijuana Regulation and Taxation Act (MRTA). These changes included (1) transitioning the program from the Department of Health to the OCM, (2) MRTA conforming changes to bring regulations in line with the MRTA, and (3) programmatic and operational efficiencies. Specifically, some of the changes included creating a new Part 113 of the Code of Rules and Regulations to house the medical program regulations; changing surveillance requirements, which may be an indication of requirements in the adult-use cannabis space; removing the prohibition on naming conventions, another indication for adult-use cannabis; and requirements for minimizing environmental and sustainability concerns.

Board member Reuben McDaniel gave an update on the proposed $200 million social equity fund (the Fund). An interesting aspect of the Fund is the allowance of private investment. This may foreshadow a very strict interpretation of the MRTA’s prohibition on having no direct or indirect interest in multiple licenses (other than those interests expressly provided for in the MRTA). 

The Dormitory Authority of the State of New York (DASNY) will deliver a range of services in relation to the Fund, including but not limited to: (1) identifying and acquiring or leasing retail dispensary locations; (2) designing, constructing, and renovating the locations as adult-use cannabis dispensaries; and (3) outfitting locations with furniture and other equipment, as needed, to operate the establishments, among other activities.

According to McDaniel, DASNY will oversee aspects of the Fund to “make sure that our social equity applicants can be part of the program in a very timely manner.” At this time, it is unknown when the full eligibility criteria and application process for funding will be released.

Though not mentioned by the CCB, the Fund dovetails with the recent legislation that has passed through the legislature that would allow current hemp cultivators and processors to obtain provisional licensing for adult-use cannabis. Together, the legislation and the Fund would ensure that hemp farmers and social equity applicants would be some of the first groups licensed and the supply chain would be intact to ensure product was available to consumers.

Barclay Damon’s Cannabis Team will continue to closely monitor developments pertaining to the MRTA’s rules and regulations. If you have questions about the MRTA, please contact one of Barclay Damon’s cannabis 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.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Featured Media

Alerts

Fourth Department Finds Language in 1980 Statute Is Gender Neutral for Purposes of Child Victims Act

Alerts

Priority of Federal Tax Lien on Personal Property: Secured Lender vs. IRS

Alerts

COVID-19 Business Interruption Update: New York High Court Affirms in Favor of Insurer

Alerts

USFWS Introduces General Permit for Bald and Golden Eagle Incidental Take

Alerts

ORES Executive Director Issues First Denial of Section 94-C Permit Application Following Applicant's Partial Loss of Site Control

Alerts

New Details About OPWDD Spending in the New York State FY 2025 Executive Budget

We're Growing in DC!

We’re excited to announce Barclay Damon’s combination with Washington DC–based Shapiro, Lifschitz & Schram. SLS’s 10 lawyers, three paralegals, and four administrative staff will join Barclay Damon while maintaining their current office in DC’s central business district. Our clients will benefit from SLS’s corporate, real estate, finance, and construction litigation experience and national energy-industry profile, and their clients from our full range of services.

Read More

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out