As reported (paywall) by the New York Occasions, New York intends to order its first retail licenses to promote marijuana for individuals convicted of marijuana associated offenses, or their family. The coverage is a part of the Marijuana Regulation and Taxation Act’s (MRTA) social and financial fairness plan, which Simon Malinowski wrote about on this weblog submit final April. Simon defined intimately the applying course of for Fairness Candidates, together with who qualifies, as effectively the important variations within the software course of for non-Fairness Candidates.
In response to the Occasions, the brand new policy is a part of an effort to guarantee that marijuana licensees—and the income and tax revenues from gross sales—will profit members of communities affected by the Conflict on Medication. The Conflict on Medication’ vastly disproportionate impact on individuals of colour is past query. (See right here, right here, and right here for only a few examples.) So we applaud New York’s fairness efforts, which go far past simply the brand new coverage to order the primary retail marijuana licenses for individuals instantly impacted by the Conflict on Medication. See How New York Hashish Legalization Prioritizes Fairness, New York Hashish: $200 Million for Social Fairness
Quite a few states which have legalized marijuana have adopted some type of social fairness applications. (These applications will not be with out critics). Their success or lack thereof is a topic of a lot debate. Right here in Oregon—the place the legislature simply enacted a retroactive moratorium on all new marijuana licenses—fairness appears to have taken a again seat to defending the financial pursuits of present licensees. Our colleagues at Inexperienced Gentle Regulation Group have pointed out as did our personal Vince Sliwoski in writing concerning the influence of the brand new Oregon license moratorium, right here and right here.
Will New York’s bold plans and the brand new coverage to order the primary retail licenses for individuals with marijuana convictions, or their relations, make a distinction?
It’s too early to inform on this author’s opinion. The success of a marijuana enterprise depends upon extra than simply having a license (even one of many first licenses). Make or break elements embrace the situation of the retail retailer, leasing and actual property issues, entry to capital and banking, regulatory compliance regimes, enterprise acumen and different issues. That stated New York’s plan appears a step in the best path.
Keep tuned for normal updates on New York marijuana legal guidelines, laws, and insurance policies for our native workplace in Manhattan– together with how New York’s plan to order retail marijuana licenses to advance fairness performs out.