Throughout the submission of the Conditional Grownup Use Retail Dispensary (“CAURD”) software, candidates are required to submit and certify a number of attestations previous to closing submission of an software. These attestations have to be sworn to and initialed by the applicant (if a person), a managing member of the applicant (if a restricted legal responsibility firm), an officer of the applicant (if a company), or all companions of the applicant (if a partnership).
A number of the attestations are run of the mill (e.g., that the applicant won’t promote hashish to individuals underneath 21 years of age and can undergo the jurisdiction of the courts of New York State). Nonetheless, there are a number of notable attestations that will affect: 1) an applicant’s resolution on finishing their software for a CAURD License and a couple of) how the applicant will run their enterprise if awarded a CAURD License. Any breach of those attestations might outcome within the revocation of the CAURD license. A breach may stop the power of the entity or any listed house owners to be granted any adult-use hashish license sooner or later.
Attestation # 1 – The applicant agrees to simply accept the placement of a dispensary ought to one be assigned to the applicant by the State.
Attestation # 2 – The applicant agrees to not lease, switch, or subcontract both a portion or the entire licensed premises.
- Attestation # 1 and Attestation # 2 are essential factors for CAURD candidates to contemplate, particularly when rating their areas for his or her potential dispensary. Primarily based upon these Attestations, any applicant who’s granted a CAURD License should settle for the placement and area of the dispensary and can’t lease or switch that house within the occasion that the dispensary’s location is untenable or undesirable.
Attestation # 3 – The applicant agrees to start operation no later than 12 months from the date the license was granted.
- Though it might be within the CAURD License holders’ greatest curiosity to open their dispensary as quickly as commercially possible, this can be a noteworthy Attestation given the mere incontrovertible fact that candidates can not select the placement of their dispensary, however solely rank their prime 5 (5) areas. If an applicant is granted a CAURD License removed from the place they at present stay and/or function a enterprise, this Attestation requires candidates to be prepared to maneuver their different enterprise(es) and uproot their lives and households if the CAURD location is just too far to commute to regularly (i.e., dwelling in Brooklyn and being awarded a license in Western New York).
Attestation # 4 – The applicant and true events of curiosity conform to restrict their monetary or controlling pursuits to not more than three conditional adult-use retail dispensary licenses issued.
Attestation # 5 – The applicant and any true events of curiosity conform to solely use their license for an adult-use retail dispensary, and shall not maintain any curiosity in any license licensed for the cultivation, processing, or distribution of adult-use hashish, or a licensed or permitted testing laboratory.
- Attestation # 4 and Attestation # 5 are comparatively straight-forward however essential for any CAURD applicant to know previous to submitting their software. Briefly, a CAURD applicant might solely be a celebration to a few (3) CAURD Licenses and should solely have an curiosity in a dispensary, and never every other side of the marijuana enterprise or cultivation. If the Workplace of Hashish Administration ( “OCM”) turns into conscious of an applicant’s curiosity in additional than three (3) CAURD Licenses or enterprise curiosity in a cultivator or testing lab, mentioned applicant might have all their CAURD Licenses revoked and be barred from making use of for every other sort of adult-use hashish license sooner or later.
The OCM has begun accepting purposes for CAURD Licenses on August 25, 2022 and we strongly suggest contacting an skilled New York hashish lawyer (together with us!) previous to finishing your software.
For extra on CAURD, take a look at the next posts: