New York residents will be seeing cannabis-themed television commercials, subway advertisements, and billboards with the launch of a cannabis public education campaign announced by Governor Kathy Hochul on Monday. The Cannabis Conversations campaign, which is scheduled to run over the next three months, is designed to remind New Yorkers of the risks of driving impaired by cannabis, provide parents with tools to protect young people, and spread other messages related to the legalization of cannabis.

The governor’s office noted that last year’s Marijuana Regulation and Taxation Act (MRTA) that legalized cannabis in New York is focused on public health and was developed to support the principles of safety, social justice, and economic development. As part of this shift in public policy, the MRTA includes provisions mandating public education campaigns to inform New Yorkers about the new law and its impact on health and safety.

“With the ‘Cannabis Conversations’ campaign, we’re following through on our commitment to provide New Yorkers with the information they need to safely navigate the new Cannabis Law,” Hochul said in a statement. “Education is the best tool to keep New Yorkers healthy as we continue to ramp up this safe, inclusive, and equitable industry.”

The education campaign from New York’s Office of Cannabis Management (OCM) will consist of messages in English and Spanish distributed through television commercials, radio spots, transit ads, social media posts and billboards. Monday’s launch includes the release of a 30-second spot highlighting New York’s legalization of cannabis for adults 21 and older, the importance of not driving under the influence, and the need to securely store cannabis away from children and pets.

“‘Cannabis Conversations’ is our first public health campaign as we make sure New Yorkers have the initial information they need to stay safe and healthy. We have learned from other states and are excited to amplify these important messages across the State,” said Cannabis Control Board chair Tremaine Wright. “Meanwhile, we’re hard at work building this new industry, and as it continues to evolve, so, too, will our public education efforts with future campaigns tackling a growing range of health and safety messaging.”

Program Started with Community Outreach

The new program builds on the original Cannabis Conversations campaign featuring a series of virtual community outreach events hosted by Wright in January and February. The series featured 10 events focused on different regions of the state and one statewide event in Spanish.

Kassandra Frederique, executive director of the cannabis reform advocacy group the Drug Policy Alliance, said that it “is essential for New York’s Cannabis Conversation campaign to establish statewide literacy of our new cannabis policy.”

“New Yorkers have experienced decades of prohibition, disparate enforcement, and with increasing intensity misinformation. The Office of Cannabis Management was created to serve as a central hub for cannabis policy and information,” added Frederique. “It is our hope that this is only the beginning of the state’s robust public education that not only teaches people what the law is, but includes considerations around consumption, how to become an entrepreneur, and where to get help if you need it.”

Additional messages in the Cannabis Conversations campaign will be released over the next three months. Sarah Ravenhall, executive director of the New York State Association of County Health Officials, said that she is encouraged to see that the governor and the OCM are taking public health and health equity seriously as the state prepares for the full implementation of legalized cannabis.

“There are health risks associated with cannabis use that require sound policy to mitigate, and the governor’s ‘Cannabis Conversations’ Campaign is a clear indication that this administration supports a thoughtful and careful approach to cannabis policy,” said Ravenhall. “We look forward to working with the state to monitor the program’s public health impact and to continue to find new ways to ensure New York has the safest program possible.”

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When New York legalized adult-use cannabis last year, many lawmakers were adamant that cannabis reform include provisions to address the harms of decades of prohibition. As the state transitioned into a legal cannabis economy, legislators wanted to ensure that the economic opportunities of legal cannabis were in reach for all New Yorkers, particularly members of communities of color and other marginalized groups that historically bore the brunt of the War of Drugs.

The evidence is clear. Despite research that shows that Blacks and whites use cannabis at about the same rates, a 2020 study by the American Civil Liberties Union found that Blacks were nearly four times more likely to be arrested for a pot-related charge. In New York, 93 percent of those arrested for cannabis in New York City in 2020 were Black or Hispanic. Less than 5 percent were white, a group that makes up 45 percent of the city’s population.

Equity in New York Legalization

Because of this disparate enforcement of cannabis prohibition, the Marijuana Regulation and Taxation Act (MRTA) approved in New York last March includes restorative justice measures such as the expungement of past cannabis convictions. The legislation also incorporates social equity provisions to help ensure the economic spoils of legalization are enjoyed by all. Significantly, the legislation reserves half of the state’s cannabis licenses for retailers, cultivators, processors and other businesses owned by women, minorities, distressed farmers, veterans and “individuals who have lived in communities disproportionally impacted” by the failed War on Drugs.

The social equity goals of the MRTA are currently being implemented. In January, Democratic Gov. Kathy Hochul allocated $200 million in the state budget to create a fund to help social equity applicants meet some of the costs of launching a cannabis business. And last week, state regulators announced that the first 100 to 200 licenses for recreational dispensaries in the state will be awarded to applicants with past weed-related convictions.

At a recent public forum held to provide information about the rollout of legalized pot in New York, Cannabis Control Board Chair Tremaine Wright explained that regulators are trying to ensure the new cannabis industry is accessible to all entrepreneurs.

“What we are trying to do is build a supportive ecosystem that allows people to participate no matter their economic background and we want everyone to know they have a real opportunity at a license as well as support so that their businesses will be ongoing enterprises that are successful and have the opportunity for growth,” Wright said last month.

In another bid to help foster an inclusive cannabis industry, the MRTA bucks the trend in many states of limiting the number of licenses awarded to cannabis operators. Freeman Klopott, spokesman for the New York State Office of Cannabis Management, notes that the legislation also bars local governments from putting a cap on business licenses, although communities were given the opportunity to opt out of hosting dispensaries and consumption lounges. 

“We are focused on establishing a stable market that provides multiple access points to expand opportunity for equity applicants and small businesses,” Klopott wrote in an email to High Times. “We’ve seen how caps in other states have driven up costs and raised barriers to equity applicants, and we have no plans to establish them here in New York as a result — our priority remains on stability and opening access to opportunity as wide as possible.”

Most States Cap Cannabis Licenses

In this year’s MCBA National Cannabis Equity Report, the Minority Cannabis Business Association and the Arcview Group note that among the 36 states with legal pot, 26 include license caps to limit the number of cannabis business licenses issued. But the caps, which are designed to help regulators maintain control of the industry and prevent the perceived threat of a proliferation of cannabis dispensaries from becoming a reality, create problems of their own.

“Limiting the number of licenses at the state level artificially inflates the value of the license due to limited competition within the legal market without accounting for competition from the legacy market and without providing access or incentive to transition to the legal market,” the MCBA wrote in its report. “Despite arguments of oversaturation in low-income neighborhoods, state-level license caps do not decrease retail outlet density or overconcentration, especially in low-income neighborhoods.”

Michelle Bodian, the co-chair of the hemp and cannabinoids department at cannabis law firm Vicente Sederberg, agreed that license caps inflate the value of licenses, a situation which tends to favor well-capitalized applicants to the detriment of small, independent entrepreneurs. Caps on the number of businesses can also lead to delaying litigation and limited product selection, all at the expense of consumers.

License caps “frequently result in lawsuits, typically filed by one or more applicants who do not receive licenses, that can slow down the implementation of state programs,” Bodian explained in an email. “Limited markets can potentially reduce the variety of products available to consumers and potentially disincentivize the development of new and potentially improved products.”

Bodian also noted that a lack of license caps does not translate into an immediately unlimited number of permits for cannabis businesses, a point underscored by last week’s announcement that the first 100 dispensary licenses would be set aside for so-called “justice-involved” applicants.

“While the MRTA does not include caps on the number of cannabis businesses, it is unlikely that New York will open the floodgates by making a large number of licenses immediately available at once,” said Bodian. “It is more likely the state will issue a set number of licenses during an initial application phase. Depending on how many licenses are available during the first several licensing rounds, New York may behave like a ‘limited license state,’ even though the law does not mandate a state license cap.”

Will a Lack of License Caps Ensure an Inclusive Industry?

Not everyone, however, is convinced that a lack of license caps will result in the equitable industry regulators hope to create. Khadijah Tribble, senior vice president of corporate social responsibility at Curaleaf, one of the world’s largest cannabis companies, told High Times that there “is certainly room for everyone in the industry, from large businesses to small and social equity owned organizations.” But, she added, a more regulated rollout of the industry may be a better way to achieve the goal of a diverse cannabis economy.

“In New York, we hope to see a situation where social equity licenses are prioritized, even without a license cap on the market,” Tribble wrote in an email. “We believe that with measured regulations that put social equity at the center, licensing caps could provide opportunity for legacy operators to build legal businesses in New York, in a way that would be celebrated by the thriving cannabis community.”

“However, the truth is that there is no magic bullet to what model regulatory scheme will work to ensure an equitable distribution of opportunities, and there are currently no great examples,” she added.

Gia Morón, president of Women Grow, a group working to create an equitable and diverse cannabis business community, believes that we should not “generalize this idea that no caps create fewer barriers because not everyone is financially prepared for every level of this industry.” 

She notes that opening a cultivation facility, even under a license with social equity provisions, requires millions of dollars of investment, a significant barrier for most people. Starting a dispensary also requires substantial start-up capital, a fact that could eliminate a large group of people from participating in the legal cannabis industry. Other types of cannabis businesses such as delivery operations and consumption lounges can offer more affordable and accessible entry points to the industry. But true equity in the marketplace can only come with initiatives that create a source of financing for fledgling businesses as they gain operational stability.

“When it all comes down to a diverse, inclusive, equitable industry in New York, it’s going to come down to capital. If there is no access to capital in place, licenses won’t matter,” Morón told High Times in an email. “One loan, grant, or investment may not sustain a business to keep them afloat. So, we need measures in place for financing. That will help ensure a diverse representation of the cannabis industry in New York.”

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A New York lawmaker has proposed legislation that would extend the benefits of the state’s cannabis social equity program to members of the transgender and nonbinary communities. 

The Marijuana Regulation and Taxation Act (MRTA) passed by New York lawmakers in March includes social and economic equity provisions designed to give licensing priority for the state’s upcoming adult-use cannabis market to members of communities disproportionately harmed by the War on Drugs, minority-owned businesses, women-owned businesses and other marginalized and under-represented groups. 

The legislation does not specifically mention transgender or nonbinary individuals, guidelines that unintentionally force such individuals to choose “between their gender identity and receiving priority for a license,” according to a bill introduced recently by Democratic New York state Senator Jeremy Cooney. For example, a nonbinary or transgender person assigned the female sex at birth would have to misgender themselves to qualify for social and economic equity benefits.

“The MRTA was crafted with a focus on equity at all stages of implementation in the new recreational adult-use cannabis market. I am proud to sponsor legislation that will build upon that foundation to include members of the transgender and nonbinary communities,” Cooney said in a press release. “No New Yorker should have to choose between their identity and economic opportunity. I look forward to creating a more inclusive new cannabis market for members of the LGTBQ+ community.”

Under Cooney’s proposal, Senate Bill 7157, the MRTA would be amended to explicitly include transgender and nonbinary persons in the provisions extending licensing priority. The legislation defines a transgender or binary person as “any person who has a gender identity or expression different from the sex assigned to that individual at birth.”

“This legislation would help to prevent New Yorkers who are transgender or nonbinary from being denied this economic opportunity because they live as their authentic selves. In addition, it recognizes that these New Yorkers suffer financially due to social and systemic bias, and that steps must be taken to mitigate that harm,” Kevin Barry, president of the Greater Rochester LGBTQ+ Political Caucus, said of Cooney’s bill. “While there is a long way to go, this bill is a well thought step toward equity for persons who are transgender or nonbinary. It is critical that lawmakers consider this part of their constituency whenever they create or vote on legislation.”

Advocates Support Proposal

Rachel Leavy, the owner of Infused Events Rochester, applauded the bill from Cooney, who has been a vocal supporter of legalizing recreational marijuana and protecting the other-than-heterosexual community.

“As an activist in both the cannabis and LGBTQIA+ worlds, I’m thrilled to see legislation intersecting both,” Leavy said. “If this bill passes, I will have the chance to participate in the cannabis industry and carve out a space for the queer community, providing safe access to cannabis, career opportunities, and continued outreach. This bill is just the start of something much larger to address the long-overdue representation of trans and nonbinary folks like myself.”

Amanda Babine, executive director of the social and political advocacy group Equality New York, said that the organization “was proud to support the Marijuana Regulation and Taxation Act.” 

“Since the passage, we have focused on ways we can ensure the rollout of this legislation is truly equitable,” Babine added. “We commend Senator Cooney for introducing legislation that will ensure the Transgender, Gender Non-Conforming, & Non-Binary (TGNCNB) community be included in the social and economic equity plan. EQNY was proud to endorse such a strong ally like Senator Cooney.”

S. 7517 was introduced in the New York Senate by Cooney on November 12 and has been referred to the Senate Rules Committee for consideration. Senator Alessandra Biaggi, also a Democrat, has signed on as a co-sponsor of the legislation. The measure will take effect immediately if it is passed by the legislature and signed into law by New York Governor Kathy Hochul.

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