If you’re making use of for an adult-use hashish license in New York, please please please rent a New York hashish lawyer.
It doesn’t should be be us, however it must be somebody who is definitely acquainted with the licensing guidelines and rules past simply studying media headlines. We’ve written about it earlier than (right here, right here and right here). Sadly, we’ll probably write about it once more. Choosing the incorrect lawyer and following inaccurate recommendation can result in the lack of time, cash and the chance to acquire a license in New York’s hashish business (or some other state’s hashish business for that matter).
Licensing guidelines and rules are dense. There are technicalities that make the distinction between a license working for a possible applicant and being waste of money and time. The actual rule that makes a distinction for an applicant is probably not on the primary web page or the second web page of a algorithm and rules, and even one thing that’s referenced in official statements. That’s why actually, actually figuring out every particular algorithm and rules, and having a robust really feel for administrative insurance policies and behaviors, is essential to submitting a profitable software.
The latest set off for our soapbox: the placement choices for New York’s Conditional Grownup-Use Retail Dispensary (CAURD) license. For the previous couple of weeks, we’ve got acquired too many calls from potential candidates, lots of whom have already recognized actual property for a non-conditional retail dispensary license, asking to submit a CAURD software. When requested concerning the CAURD’s obvious mandate that licensees settle for a state-selected dispensary location, we’re instructed that the potential applicant has “heard” or “learn”–and even “been suggested”–that CAURD candidates can choose their very own dispensary areas.
We’re assured that CAURD candidates can’t choose their very own dispensary areas, and any definitive steerage that they will is questionable, at greatest. Section 116.7(b)(6) of the CAURD regulations makes it a situation of licensure that the licensee “[accept] a dispensary location recognized by the fund or workplace[.]”
The Workplace of Hashish Administration additionally Up to date a really helpful FAQ that each one potential candidates ought to learn (and which we’ll write about), which offered as follows (emphasis added):
31. Can I select the place my CAURD licensed retail dispensary might be positioned?
Candidates who’re chosen might be assigned a retail dispensary location in one of many fourteen (14) geographic areas of NYS. When making use of you can be requested to point which area(s) of the State you would favor to be assigned a license in. It is possible for you to to rank your high 5 (5) most popular areas. You won’t be able to decide on the precise road tackle or neighborhood for this dispensary. Provisional licensees will be capable of share their preferences among the many obtainable areas within the area for which they’ve been chosen.
If you want to pick out your individual web site for a retail dispensary, the CAURD license is probably not the appropriate match for you. Future adult-use retail dispensary licenses (and people for on-site consumption websites) can have extra flexibility in permitting licensees to decide on their very own location.”
Which isn’t to say there may be 100% certainty, as a result of the OCM additionally Up to date feedback and responses for the CAURD rules, and included this contradictory tidbit (emphasis added):
“COMMENT: Commenters requested clarification from the Workplace on the character of agreements which candidates can be required to enter into as described in part 116.7(c)(6) of the proposed guidelines. Commenters requested clarification on what help can be supplied by the New York Social Fairness Hashish Funding Fund and the specifics of that help, comparable to disbursement schedule, reimbursement price, acceptable bills, and tax repercussions of accepting help. Commenters famous that “financing with favorable phrases” is tough for hashish companies to safe and expressed a want to acquire help from the Fund for prices past build-out of the dispensary. Commenters acknowledged it was unclear what stage of management the state would have over their enterprise because of accepting this help. Commenters had been involved that the phrases of agreements with the Fund can be unfavorable and that licensees can be trapped in predatory preparations. Commenters expressed a want to use for licensure with out receiving location help from the Fund. Commenters steered that, earlier than approving any agreements between licensees and the fund, the Board seek the advice of with the Chief Fairness Officer and Hashish Advisory Board to make sure the phrases and circumstances of the agreements promote fairness.
RESPONSE: The proposed guidelines solely require licensees to enter into agreements which have been authorised by the Board and been made obtainable by the Workplace. The proposed rules don’t insist upon candidates to make use of New York Social Fairness Hashish Funding Fund areas and supply for the allowance of an applicant to supply their very own location that complies with the proposed rules. The Workplace is working with the Fund to make sure that the placement assignments are a profit to all candidates to make sure their success. No adjustments have been made to the proposed rules because of this remark.”
We count on to get some readability from the OCM relating to the contradictory steerage, and can replace this put up as quickly as we do. With that mentioned, the disconnect between media studies (which don’t and shouldn’t get into the gritty particulars of licensure) and the precise software course of shouldn’t be an issue as a result of potential candidates ought to get authorized recommendation on the precise guidelines and rules earlier than deciding to use. That there’s nonetheless a lot misinformation given the prevalence of New York “hashish” attorneys is disconcerting.
We’ve mentioned it earlier than and we’ll say it once more: if you’re planning on making use of for a hashish license, you don’t have to rent us, however you must rent an area, New York hashish lawyer who has greater than passing information of the relevant guidelines and rules.