NY Cannabis Licensing and Notice Deadline Extended

New York’s Office of Cannabis Management (OCM) announced that prospective applicants have an additional 14 days to submit their applications, extending the deadline for retail applicants with control of an eligible property to November 17, 2023, and all other applicants to December 18, 2023. The announcement clarified that the deadline for the Notice to Municipality requirement for retail applicants with secured locations has not yet passed.

Retail Cannabis Dispensaries and Microbusiness with control of an eligible property:

If you are applying for a retail cannabis dispensary or microbusiness with control of an eligible property (i.e., with a deed or lease at the time of applying), then you qualify to be reviewed in an expedited round applicants and must submit your application on or before November 17, 2023, at 5:00 PM

OCM further clarified that retail applicants also have until November 17, 2023, to satisfy the Notice to Municipality requirement. The Notice to Municipality requirement satisfies the requirement that anyone applying for a retail dispensary or on-site consumption license to submit a notice of their intention to apply to the municipality (or community board in New York City) at least 30 days prior to submitting the application.

Cultivation, Processor, Distributor, Dispensary & Microbusiness:

If you are applying for a cultivation, processor, distributor, dispensary, or microbusiness license with retail and do not intend to submit a proposed location, then you must submit your application on or before 5 pm, December 18, 2023.

In addition, OCM announced that all cultivation, processor, and distributor licenses also require control of an eligible property (i.e., with a deed or lease at the time of applying).  Retail dispensary and microbusiness applicants during this later round do not require proof of control of an eligible property at the time of applying.

Rivkin Radler attorneys can assist all categories of applicants in any phase of the application process, whether you have already started or intend to apply, including:

• Applicant & Investor/True Party of Interest (TPI) eligibility determination
• Social and Economic Equity (SEE) eligibility determination
• Retail Property Eligibility Determination & Notice to Municipality requirements
• Entity formation, operating and partnership agreements
• Community board meetings
• Labor Peace Agreements
• Management Services Agreements
• Lease negotiations and property acquisitions

Our attorneys are also available to assist and advise cannabis licensees in all areas of operations, including:

• Operational and security compliance
• Employment and labor issues
• OCM enforcement and violations
• Mergers and acquisitions
• Tax advice
• Transfers of ownership
• Contractual disputes