New York’s Marijuana Regulation and Taxation Act (MRTA) requires anybody making use of for a retail dispensary or on-site consumption license to submit a discover of their intention to use to the municipality (or neighborhood board in New York Metropolis) not less than 30 days previous to submitting the appliance. The Workplace of Hashish Administration (OCM) and Hashish Management Board (CCB) included that requirement within the last adult-use guidelines and laws (Part 119.3).
Listed below are the specifics:
- the notification should be made between thirty (30) and 200 seventy (270) days previous to submitting an utility; and
- the notification “shall be in a kind supplied by the [OCM].”
Right here’s why the New York municipal discover requirement is out of the blue urgent: in the course of the September 12, 2023 CCB assembly it was introduced that the license utility portal for retail dispensaries will open on October 4, 2023, with evaluation of retail dispensary functions that embrace secured actual property to start out on November 3, 2023. That signifies that, mainly, any potential applicant for a retail dispensary license must submit the notification to it’s municipality (assuming it has already secured actual property), like now.
Right here is why the notification requirement is a matter: that little reference to a “kind supplied by the [OCM].” As of this writing, the New York OCM has not supplied a kind municipal discover for the final adult-use utility. The OCM’s web site has an entire section devoted to notifying a municipality or neighborhood board; the hooked up kind is for CAURD provisional licensees and expressly states that the applicant has “obtained a provision license from the Hashish Management Board[.]” Clearly, the supplied kind just isn’t relevant for common adult-use candidates.
To recap, the MRTA and adult-use guidelines and laws require the OCM’s “kind” to be submitted not less than 30 days previous to submitting the appliance (that 30 day interval is probably going quick approaching), however no such kind presently exists. We took the freedom of asking the OCM concerning the kind and had been suggested that “the shape might change sooner or later when non-conditional licenses are rolled out” and that “[c]urrently, now we have no different kind on this regard.”
After all, you may all the time modify the OCM’s kind to ensure a well timed submission is made (not really easy in PDF, however doable), however some neighborhood boards have already said that they won’t settle for a modified kind and it’s jarring (albeit unsurprising) that the final utility portal is scheduled to open and a required kind that should be submitted imminently (accordingly to the timeline) doesn’t but exist. If you’re contemplating making use of for a New York retail dispensary license, we strongly urge you to seek the advice of an legal professional.