Advocates held a rally on Tuesday, following last week’s revelations by The City’s Rosalind Adams showing the plan to finance New York’s cannabis industry moved forward despite the major concerns of numerous people involved in the process of implementing the state’s recreational cannabis program.

The Juneteenth Eve rally included elected officials, social justice advocates, and people impacted personally by New York’s longtime war on cannabis. They hoped to protect the progressive aspects of New York’s legalization law, prevent corporate control and increase the weight of community voices moving forward.

Chief among those advocates’ concerns across the 500 emails obtained by The City got access to was the fact that the deal sucked. The things that immediately raised eyebrows included steep costs and unreasonable repayment timelines. Most importantly these concerns were raised with the Governor Kathy Hochul as her office pushed to make her previous promises on funding the cannabis program a reality. 

“The social equity component of the MRTA is absolutely essential for our communities in Brooklyn and Queens,” said Senator Julia Salazar. “MRTA implementation is a chance to address the harm that too many New Yorkers have experienced due to many years of criminalization. But the encroachment of big cannabis corporations in New York’s market poses a threat to the MRTA’s success, especially for small, legal cannabis businesses. For the good intent of the MRTA to become reality for more communities of color and justice-impacted New Yorkers, we need Governor Hochul to allow the Cannabis Control Board to function as an independent body, and for the Office of Cannabis Management to be empowered to continue to implement the MRTA equitably.”

Salazar hit the nail on the heart in terms of who should be taking the lead. The concerns from New York’s Office of Cannabis Management about the funding deal were ignored. Following the struggle for New York to provide true access statewide, the OCM was thrown under the bus for the state’s failure despite raising numerous red flags they found and raised about the Chicago Atlantic Group deal. The City noted an OCM financial analyst used all caps to note how BAD it was. 

The Drug Policy Alliance calls New York City home and has been at the forefront of the work to get New York legal over the years. Executive Director Kassandra Frederique offered a scathing critique as news first got out about Hochuls’s administration moving ahead with a predatory lender that exploited Black and Brown cannabis licencees while keeping lawmakers in the dark. 

Frederique called the Hochul administration’s mishandling of the legal marijuana rollout deeply concerning, and strikingly echoed the Governor’s congestion pricing reversal. 

“In both instances, she bypassed the Legislature’s will and rejected agency expertise to enact sweeping changes without a concrete plan,” Frederique said, “It’s now clear that her administration knew of DASNY’s failures to build retail space and ignored repeated warnings from the Office of Cannabis Management about predatory loans harming mostly Black and Brown licensees. Instead of addressing these issues, the Hochul administration agreed to unfavorable loan terms with a disreputable creditor and then scapegoated the former OCM leader for the rollout’s failures.

Frederique went on to note how devastating this was to the communities of color most decimated by disproportional enforcement of the state’s cannabis laws in their neighborhoods. 

“What Governor Hochul calls social equity has only made cannabis licensees more vulnerable to exploitation,” Frederique said, “Our communities deserve better—real equity, real opportunities, and an administration that follows the law’s intent. The Governor must present a clear plan for delivering the next phase of our justice-centered cannabis framework in accordance with the law.”

Shaleen Title has spent the last two decades pushing for an equitable cannabis industry. She is founder and director of the drug policy think tank Parabola Center, which creates model policies to protect people rather than corporate profits. She currently serves as Distinguished Cannabis Policy Practitioner in Residence at The Ohio State University Moritz College of Law’s Drug Enforcement and Policy Center and as vice-chair of the Cannabis Regulators of Color Coalition. It’s tough to find a voice that carries more weight on the regulatory side when it comes to discussing Social Equity in cannabis. 

We asked Title her thoughts on what was happening in New York. She said DPA offered a great statement on the subject already but offered some further reading.

“The governor’s narrative that the Office of Cannabis Management was “inexperienced” deserves further examination,” Title said, “The new evidence shows that the governor’s office ignored OCM’s warnings and moved ahead with a failed initiative and then used the OCM and its leadership as a scapegoat.”

Title closed pointing to the positive aspects of what is happening in New York despite the hiccups. 

“Any fair evaluation of New York’s rollout comparing its metrics against its own goals, and metrics in other states, demonstrates that New York leads the nation in terms of racial equity and cannabis — not surprising, given that its staff has been led by some of the country’s top experts on cannabis and equity, data, civil rights law, and antitrust law,” Title said, 

Ahead of the rally outside of Hochul’s office, DPA noted other positives from New York’s rollout being overshadowed in the controversy of the moment. Those include things like 95% of New York’s cannabis retail market is small businesses. But more importantly, New York has nearly tripled the number of Black-owned retail dispensaries nationwide in just 15 months.

“The Governor can change the players, but for NY activists who know that this is a marathon for equity and not a sprint, the game doesn’t change. We will continue to hold her accountable to the letter of the most equitable cannabis law in the country. This means that fifty percent of the market must be comprised of social equity outcomes including those from communities disproportionately impacted by cannabis prohibition. We will not stop advocating for the state budget and support that it will take for NY to get there, despite the machine, including MSOs, that we are up against,” said Annette Fernandez, Managing Partner, High Exposure Agency; Founder, La Casa Lola; and Provisional Retail License Applicant.

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A New York judge on Monday issued a temporary injunction barring state cannabis regulators from issuing licenses for retail marijuana dispensaries in response to a lawsuit challenging the rules for obtaining the lucrative permits. A group of military veterans filed the lawsuit last week, arguing that the state’s rules limiting the first Conditional Use Retail Dispensary (CAURD) licenses to those with previous marijuana convictions violates state law and New York’s Constitution.

The lawsuit was filed by four veterans who have served a combined total of more than two decades in various branches of the U.S. military. The vets argue that restricting retail licenses to those with cannabis convictions violates the state Constitution and was not approved by the legislature when it legalized adult-use cannabis two years ago.

The Marijuana Regulation and Taxation Act, the 2021 law that legalized recreational marijuana in New York, includes provisions that set a goal of awarding at least half of the state’s recreational marijuana dispensaries to social and economic equity applicants. Under a program launched by New York Governor Kathy Hochul last year, the state’s first CAURD licenses for retail cannabis shops have been reserved for “individuals most impacted by the unjust enforcement of the prohibition of cannabis or nonprofit organizations whose services include support for the formerly incarcerated.” 

To be eligible for a CAURD license, applicants are required to either have had a cannabis conviction or be the family member of someone with a cannabis conviction, among other criteria. Nonprofits with a history of serving formerly or currently incarcerated individuals were also eligible to apply for a CAURD license. So far, the Office of Cannabis Management (OCM), the state’s cannabis regulatory agency, has issued 463 CAURD licenses, although less than two dozen dispensaries have opened statewide.

Matt Morey, an attorney and legal analyst, says that the MRTA established service-disabled veterans as a sub-class of social and economic equity applicants who could be given priority in cannabis licensing. But so far, the OCM has only approved applications from justice-involved individuals.

“The statute specifically included those individuals as individuals that would be prioritized with respect to applying for and gaining approval of an adult use retail license,” Morey told Spectrum News.

The veterans who filed the lawsuit last week argue that the state’s implementation of the CAURD program unfairly and improperly excludes other potential social and economic equity applicants, including disabled veterans and members of minority groups.

“Individuals like service-disabled veterans, who are also social equity applicants, who should be prioritized under the MRTA – the Marijuana Regulation and Taxation Act – the plaintiffs are arguing that they’ve been harmed by being left out of this first mover’s advantage,” said Fatima Afia, an attorney with Rudick Law Group.

William Norgard, a U.S. Army veteran and one of the plaintiffs in the case, said that New York’s implementation of MRTA puts him and other veterans in the unusual position of challenging the government.

“It’s out of character for a veteran to sue the state to uphold a law,” Norgard said in a statement when the lawsuit was filed. “We take oaths to defend the laws of our nation, and trust — maybe naively — that government officials will faithfully and legally execute those laws. What the Office of Cannabis Management is doing right now is in complete breach of that trust. As veterans, we know that someone has to hold the line.”

Order Bars OCM From Issuing New Licenses

The judge’s temporary restraining order bars the OCM from issuing or processing additional licenses for marijuana retailers until the court rules otherwise. When asked for comment after the lawsuit was filed, an OCM spokesperson said the agency does not comment on pending litigation. Later, the agency said it had received the injunction and would comply with the judge’s ruling.

“The Office of Cannabis Management (OCM) is aware of the Court’s Order and is adhering to its requirements,” the agency wrote in a statement on Tuesday. “We are actively communicating with CAURD applicants and provisionally approved licensees to inform them of the impact of the Court’s order on OCM operations.”

State Senator Jeremy Cooney, the chair of the New York State Senate Subcommittee on Cannabis, released a statement on Monday evening in response to the judge’s temporary injunction.

“I am deeply disappointed in today’s court decision, which temporarily stops the awarding of conditional cannabis retail licenses in New York State,” said Cooney. “It is no secret that New York’s adult-use cannabis roll-out has been slower than expected, and now is not the time to stand in the way of progress made. We must focus on awarding non-conditional licenses, which will prioritize social equity candidates and allow more businesses to open.”

The judge’s restraining order will cause further delay in the rollout of New York’s regulated marijuana industry, which is already facing steep challenges and an entrenched illicit cannabis market.

“This is going to drag things out even further,” Morey said. “This has not been a smooth rollout by any means with respect to these programs.”

Morey said that the dispensary licenses already issued face no immediate jeopardy from the judge’s ruling. But if the regulations governing licensing are ruled invalid, the fate of current licensees could be uncertain.

“If the creation of the entire CAURD program is deemed to be unconstitutional, then that would then raise the question as to whether or not previously issued licenses are in fact invalid at this point under the program, and that remains to be seen,” he said.

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A group of four military veterans last week filed suit against New York’s Office of Cannabis Management (OCM), claiming that the agency’s rules that prioritize applicants with prior marijuana convictions for cannabis dispensary licenses violate the state’s 2021 marijuana legalization statute. In a complaint filed in the New York State Supreme Court, the four plaintiffs argue that state regulators failed to follow the Marijuana Regulation and Taxation Act (MRTA) when it did not issue cannabis retail licenses to disabled veterans and members of other minority groups. The lawsuit seeks a temporary restraining order barring the state from issuing further licenses under the Conditional Adult-Use Retail Dispensary (CAURD) program, which have been reserved for applicants with a marijuana-related criminal conviction.

The MRTA included provisions that set a goal of awarding at least half of the state’s recreational marijuana dispensaries to social and economic equity applicants. Under an initiative spearheaded by New York Governor Kathy Hochul last year, the state’s first licenses for retail cannabis shops have been reserved for “individuals most impacted by the unjust enforcement of the prohibition of cannabis or nonprofit organizations whose services include support for the formerly incarcerated.” 

To be eligible for a CAURD license, applicants are required to either have had a cannabis conviction or be the family member of someone with a cannabis conviction, among other criteria. Nonprofits with a history of serving formerly incarcerated or currently incarcerated individuals were eligible to apply for a CAURD license. So far, the OCM has issued 463 CAURD licenses, although less than two dozen dispensaries have opened across the state so far.

“The MRTA had already established a goal to award 50% of all adult-use licenses to social and economic equity applicants. But instead of following the law, OCM and CCB created their own version of ‘social equity’ and determined for themselves which individuals would get priority to enter New York’s nascent adult-use cannabis market,” reads a statement on behalf of the veterans bringing the legal action.

Lawsuit Argues OCM Rules Unconstitutional

The lawsuit was filed by four U.S. veterans who have served a combined more than two decades in various branches of the military. They argue that restricting retail licenses to those with cannabis convictions was not approved by the legislature and violates the state Constitution.

“It’s out of character for a veteran to sue the state to uphold a law,” William Norgard, one of the plaintiffs in the case and a U.S. Army veteran, said in a statement quoted by the Olean Times Herald. “We take oaths to defend the laws of our nation, and trust — maybe naively — that government officials will faithfully and legally execute those laws. What the Office of Cannabis Management is doing right now is in complete breach of that trust. As veterans, we know that someone has to hold the line.”

“Service-disabled veterans are the only social equity group in the law not born into priority status, but a group to which anyone could belong,” said Carmine Fiore, who served eight years in the U.S. Army and New York Army National Guard and is also one of the four plaintiffs in the case. “We are also the only priority group in the (law) that achieved its status by helping communities.” 

“It feels like we were used to get a law passed — a good law, one that helps a lot of people, as well as the state,” Fiore added. “Then, once it was passed, we were cast aside for another agenda.”

The other plaintiffs are Steve Mejia and Dominic Spaccio, who both served six years in the U.S. Air Force.

Lucas McCann, co-founder and chief scientific officer at cannabis compliance consulting firm CannDelta Inc., notes that there is no mention of the CAURD program in the MRTA. When the program was created, the definition of social equity was defined to exclusively include those with previous cannabis-related convictions and previous business experience. But a broader definition of social equity may be appropriate, and future rounds of licensing could include members of other groups, McCann says.

“The grievances brought forward by the four military veterans highlight another facet of the ‘social equity’ conversation that cannot be ignored. Veterans, particularly disabled ones, face their own set of challenges and hurdles,” he wrote in an email. “Their dedicated service to the nation warrants recognition and inclusion in the emerging industry, especially when considering the potential therapeutic benefits of cannabis for a myriad of health issues commonly faced by veterans.”

Michelle Bodian, a partner at the leading cannabis and psychedelics law firm Vicente LLP, said that is too early to determine how the lawsuit will affect the continuing rollout of New York’s regulated marijuana industry. 

“There is always a chance the lawsuit will succeed, and the CAURD program will be halted; however, it’s equally as likely the state will settle with the plaintiffs and award them a license,” Bodian said in a statement to High Times. “As the TRO hearing is scheduled for later this week, we should know in short order whether the CAURD program is frozen in place or whether new provisional or final licenses can be awarded.”

When asked about the legal action, an OCM spokesperson told local media outlets that the agency does not comment on pending litigation.

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New York Governor Kathy Hochul announced on Wednesday that regulated sales of recreational marijuana will begin in the state next week with the opening of a licensed retail shop in Manhattan. The dispensary, which will be operated by Housing Works, the nation’s largest minority-controlled HIV/AIDS service organization and largest community-based HIV/AIDS service organization, will begin serving customers at its East Village location in New York City on December 29.

“We set a course just nine months ago to start New York’s adult-use cannabis market off on the right foot by prioritizing equity, and now, we’re fulfilling that goal,” Hochul said in a statement from the governor’s office. “The industry will continue to grow from here, creating inclusive opportunity in every corner of New York State with revenues directed to our schools and revitalizing communities.”

The opening of the dispensary fulfills a pledge to launch retail sales of recreational marijuana in the state before the end of the year. The New York State legislature legalized adult-use cannabis last year with the passage of the Marihuana Regulation and Taxation Act (MRTA), which was signed into law by former governor Andrew Cuomo on March 31, 2021. The launch of sales is also a milestone for Hochul’s Seeding Opportunity Initiative, which she announced in March to guide the rollout of New York’s regulated cannabis industry.

The initiative was designed to fulfill the goals of the MRTA “by building an adult-use cannabis industry that offsets the harms resulting from the disproportionate impact of cannabis prohibition.” Under the plan, 280 family farmers have been licensed to cultivate cannabis to provide safe, lab-tested products for New York’s regulated recreational marijuana economy. 

First Retail Licenses in New York Issued Last Month

The Seeding Opportunity Initiative also reserved the first 150 Conditional Adult-Use Retail Dispensary (CAURD) licenses for individuals with past marijuana-related convictions and nonprofit groups serving those harmed by prohibition. The state’s Office of Cannabis Management (OCM) issued the initial 36 licenses to 28 individuals and 8 nonprofit groups last month.

To qualify for a CAURD license, nonprofits also need to have at least one justice-involved board member and create vocational opportunities for those with a conviction for a marijuana-related offense. Housing Works has served justice-involved New Yorkers since its inception in 1990 through direct services and advocacy initiatives. The group’s Justice Initiative tailors the non-profit’s services to meet the needs of formerly incarcerated individuals, including those with marijuana convictions.

“I’m excited that a non-profit like Housing Works, with its support for formerly incarcerated individuals, will lead the way with sales,” said Tremaine Wright, chairwoman of the New York Cannabis Control Board, the state’s cannabis regulatory body. “The start of sales through the Seeding Opportunity Initiative is just the beginning of the robust ecosystem we’re building – the equitable and inclusive market will grow from here with supports throughout to ensure licensees are able to overcome barriers and build this new industry.”

The Housing Works Cannabis Co. dispensary storefront is located at 750 Broadway in the Astor Place neighborhood of the East Village. Spanning 4,400 square feet, the iconic building known as 1 Astor Place was completed in 1883. The new business will welcome patrons with an introductory shopping experience when the dispensary opens next week, with plans to build out an expanded space as cannabis products become more available. All proceeds from dispensary sales will be directed to the parent organization Housing Works.

Brian Vicente, a founding partner of the cannabis and psychedelics law firm Vicente Sederberg LLP, lauded the progress being made on the rollout of adult-use cannabis in the Empire State. 

“New York continues to blaze a bold trail with its novel approach to adult use implementation,” Vicente wrote in an email to High Times. “Allowing Housing Works to make New York’s historic first legal cannabis sales is a stroke of genius, fulfilling the state’s goal of opening adult-use access before 2023 and honoring its commitment to promoting social equity businesses.”

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As adult-use cannabis thrives in New York, some residents say their lives are still ruined due to past cannabis convictions that haunt their records. While programs are in place to clear certain types of records, lawyers worry the state isn’t doing enough.

The Marijuana Regulation and Taxation Act (MRTA) passed last year, and under the MRTA, certain people can ask the court to vacate their convictions if they are experiencing “severe or ongoing consequences related to either their conviction or the sentence,” according to the law.

To date, the state expunged or suppressed search results for nearly 400,000 cannabis-related convictions. Plus last March, the New York State Cannabis Control Board voted unanimously to propose regulations to allow the first couple hundred retail licenses to be given to people convicted of cannabis-related crimes.

Still, certain cases are being denied by county district attorney offices in the state. On June 22, Syracuse.com and NY Cannabis Insider profiled some New York cases involving people who are still trying to clear their name but not finding any luck. In some cases, small details such as the amount of cannabis can make all the difference in the expungement process.

Lawyers say everyone with a cannabis-related conviction faces “severe or ongoing consequences.”

“I cannot imagine an instance where a prior marijuana conviction does not cause severe or ongoing consequences,” said Wei Hu, an attorney and founder of MRTA Law who is representing two clients as their applications to vacate are being opposed by the Nassau and Dutchess County DA offices.

Nassau County DA’s office wrote that due to the amounts of cannabis involved, those particular crimes would still be a crime today. The Dutchess County DA’s office provided a similar argument.

But lawyers like Hu say the state isn’t doing enough to erase cannabis convictions from the past, often over minor discrepancies. And the consequences can ruin a person’s career.

“It impacts the family, it impacts personal relationships, it impacts your professional ones, it disenfranchises people from voting, it keeps people out of public housing, it disables them from sustainable employment, and it’s one of the most pernicious laws that still exists when you now have legal and regulated sales,” said Hu.

“It’s really distasteful.”

In other words, it’s hypocritical for New Yorkers on one hand to get rich while others are still facing the consequences of the failed War on Drugs.

New York officials have less than a year to finish automatic expungements, but only certain types of crimes are eligible. “If you were convicted of violating Sections 221.05, 221.10, 221.15, 221.20, 221.35, or 221.40 of the Penal Law, you are entitled to automatic expungement and sealing,” the law states. “These convictions currently will not appear in a criminal history search requested through the Courts or the Division of Criminal Justice Services. Automatic expungement of these charges will be completed on or before March 31, 2023.”

Other States Take the Lead in Expungement Process Improvements

States like Colorado and Illinois are making improvements to their expungement systems.

In Colorado, Gov. Jared Polis signed Senate Bill 99 into law on May 31, where automatic expungements are not part of the program. It further expands and streamlines the state’s automatic record sealing process. He also used his executive authority to pardon several thousand Coloradans convicted of low-level cannabis offenses.

In Illinois, Democratic Gov. J.B. Pritzker signed House Bill 4392, amending state law so that the courts are no longer able to deny petitioners’ requests to have their criminal records expunged solely because of a cannabis-related drug test failure.

New York still has the potential to improve its expungement processes.

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New York’s Cayuga Nation Native American tribe is preparing to launch an adult-use cannabis cultivation enterprise, months before state-licensed recreational pot retailers begin serving customers.

Under the Marijuana Regulation and Taxation Act (MRTA) passed by lawmakers last year, possession of cannabis became legal for adults in September. But regulators are still working to manage and license adult-use cannabis businesses, with retailers not expected to open until spring of 2023.

As sovereign nations, however, Native American tribal governments have the power to regulate cannabis production and sales on tribal lands. Last summer, the Shinnecock Nation on Long Island announced that it was beginning a commercial cannabis operation on its land. And now the Cayuga Nation, which is already the home of hemp and CBD brand Arrowhead Hemp, is also delving into the recreational weed industry.

Freeman Klopott, a spokesperson for the state Office of Cannabis Management, says that New York’s tribal nations have the right to enact and implement their own cannabis regulatory structure.

“Native Americans living on federally recognized, sovereign tribal land are legally allowed to operate dispensaries that are not regulated under the New York State cannabis law,” Klopott told Politico.

He also said the state “has the ability to enter into agreements with tribes through tribal compacts to integrate them into the state program if all parties can agree to terms,” although no tribes have established such an agreement.

Tribal lawyer Lee Redeye said that state regulators’ delay in implementing cannabis legalization presents an opportunity for tribal governments to get a head start on the recreational cannabis market.

“There’s a considerable amount of money to be made in the industry, especially with New York lagging behind,” said Redeye.

Cultivation Facility Under Development

The Cayuga Nation has decided to exercise its authority to self-regulate cannabis and is currently creating a cultivation facility at Gakwiyo Garden, the tribe’s 100-acre agricultural development in Seneca Falls, New York. The tribal enterprise currently grows more than 35 crops at Gakwiyo Garden, which includes a 3,000 square foot greenhouse.

The new cannabis cultivation facility will reportedly have 15,000 square feet of indoor growing area. Cannabis produced at the facility will then be packaged and sold at an undisclosed location on tribal land. The tribe is banking on the new financial endeavor to provide revenue for the tribe and employment opportunities for its members.

“Developing our cannabis business is the next step in expanding and diversifying the Cayuga Nation’s economic opportunities and providing long-lasting benefits to the community,” the Cayuga Nation of New York said in a statement to the Cornell Sun.

The tribe has contracted with Rochester-based architectural firm Bergmann Associates to direct an overhaul of the current Gakwiyo Garden greenhouse operation. Construction on the project is expected to begin early this year, with an anticipated completion date before 2023. Maria Stagliano, a spokesperson for the Cayuga Nation, said that the tribe has hired Jake Brewer, the former head grower for a Colorado-based cannabis company, to head the Cayuga Nation’s cannabis operation.

In its statement, the Cayuga Nation said that it would work with state and local officials to ensure a smooth rollout of its recreational cannabis venture.

“Our vision for the future of the Cayuga Nation remains focused on bettering the lives of our members, our community, and our neighbors,” the Cayuga Nation said in their statement. “As we venture forward in our economic development, we remain committed to working closely with local governments to ensure the health and safety of our community.”

Customers of tribal cannabis businesses will be able to avoid the state’s 9% cannabis excise tax tacked onto New York’s sales tax rate of 4%. But attorney Redeye fears the state government may eventually try to tax cannabis sales on tribal lands, a move that would likely result in a lawsuit in federal court.

“My suspicion is that, eventually, the state will seek to try to tax those sales,” Redeye said. “New York state is always greedy. New York state will always seek to extract revenue from tribes. It has historically, and I don’t expect that to end anytime soon.”

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This week, New York expanded eligibility for the state’s medical cannabis program to include more patients, according to an announcement from state regulators. New York’s Office of Cannabis Management said on Monday that the state had launched a new medical marijuana certification and registration system that is “easier to use and expands the eligibility criteria for patients who can benefit from medical cannabis.”

Under the new eligibility criteria, practitioners will be allowed to issue medical marijuana certifications to any patient they believe may benefit from the medicinal use of cannabis. Previously, the use of medical cannabis was restricted to patients with one or more qualifying medical conditions. The Office of Cannabis Management (OCM) noted that the change is consistent with the Marijuana Regulation and Taxation Act (MRTA) passed by lawmakers last year.

In addition to legalizing the recreational use of marijuana and establishing a framework for adult-use cannabis sales, the MRTA shifted the regulation of New York’s medical marijuana program from the state Department of Health to the OCM. Tremaine Wright, the chair of the state Cannabis Control Board, applauded the progress made by state marijuana regulators.

“It is terrific to see the Medical Cannabis Program expand so vastly with the launch of the new certification and registration program and the ability of practitioners to determine qualifying conditions as included in the MRTA,” Wright said in a statement from the OCM. 

Previously, the OCM announced additional changes to the state’s medical marijuana program, including allowing the sale of cannabis flower and a permanent waiver of registration fees for patients and caregivers. Regulators also expanded the list of caregivers qualified to certify patients for medical marijuana to include any practitioner who is licensed to prescribe controlled substances in New York, such as dentists, podiatrists and midwives. 

Other changes to New York’s medical marijuana program made by the OCM include increasing the amount of cannabis that may be dispensed at one time from a 30-day supply to a 60-day supply and streamlining the approval for institutions such as hospitals, residential facilities and schools to become designated caregiver facilities to hold and dispense products for patients. Additionally, the state Cannabis Control Board has accepted public comments on proposed regulations to govern the home cultivation of cannabis by medical cannabis patients and is currently completing an assessment of the comments submitted for publication in the state register.

“The new cannabis industry is taking shape as we continue to implement the MRTA and provide greater access for New Yorkers to a medicine that we’re learning more about every day,” Wright said. “We’re continuing to move forward swiftly and today’s system launch follows our achievements that already include adding whole flower medical product sales, permanently waiving $50 patient fees, and advancing home cultivation regulations, among others.”

Patients certified through the new certification and registration system will be issued their certification from the OCM. Certifications previously issued by the Department of Health will continue to remain valid through their expiration date, when new certifications will be issued by the OCM.

Cannabis Community Applauds Expansion of Medical Marijuana Program

Dr. Rebecca Siegel, a clinical psychiatrist and the author of The Brain on Cannabis: What You Should Know About Recreational and Medical Marijuana, said that expanding access to medical cannabis is appropriate, because cannabis can be beneficial for a wide range of medical conditions.

“I think this gives practitioners in all types of medicine just one more tool to add to their belt in order to effectively treat patients,” Siegal wrote in an email to High Times. “Most importantly, I think this broadens the opportunity for more patients to have access to cannabis from their own personal trusted physicians who can better monitor their conditions and use of marijuana. This is way better than patients trying to manage it on their own.”

Sharon Ali, the Mid-Atlantic regional general manager for cannabis multi-state operator Acreage Holdings, said that expanding access to medical marijuana is a significant advancement for New York, where the company operates four The Botanist retail locations.

“New York has the opportunity to implement lessons learned from earlier adopters of legalization, and we’ve seen from other states that one of the most important foundations for a successful adult-use program is a robust medical program,” Ali wrote in an email, adding that it is “an exciting time for New York as the cannabis program continues to evolve in a positive direction.”

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