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Law New York

This is all fucked up in so many ways it would take a book to describe it all. Good luck NY'ers.


New York is shaking up its legal Marijuana market with new competitors


New York is dramatically expanding a legal marijuana market plagued by a sluggish rollout of retail stores.​


New York officials launched legal recreational marijuana sales by promising many of the first retail licenses to people with past drug convictions, hoping to give people harmed by the war on drugs a chance to succeed before competitors crowded in.


But more than nine months after sales started, only about two dozen state-sanctioned dispensaries have opened their doors. Legal challenges over the state's permitting process have left more than 400 provisional licensees in limbo. Marijuana farmers are reeling because there are too few stores to sell their harvest.


State regulators are now expanding the market amid those troubles. They recently opened up a 60-day general application window to grow, process, distribute or sell marijuana, expecting to issue more than 1,000 new licenses. New rules also will allow companies licensed to grow and sell medical marijuana in New York to get into the recreational market.


The moves are expected to boost the number of legal dispensaries in a market now dominated by black-market sellers who simply opened retail stores without a license. But the prospect of competing with the medical providers worries some farmers and retailers who fear being squeezed by deeper-pocketed companies before they had a chance to establish themselves.


“My concern is that they have all the money to bleed us out,” said Coss Marte, whose opening of CONBUD dispensary in Manhattan was pushed back by a lawsuit against state regulators. “They’re vertically integrated. So now what they could do is ... grow their own product at the cheapest price and basically outbid all the farmers, all our products and all our pricing.”


Critics blame New York’s slow retail growth partly on bureaucratic issues, like delays in setting up a $200 million “social equity” fund to help applicants open shops. The rollout also was hobbled by lawsuits on behalf of people and businesses excluded from the first wave of retail licenses.


Marte's shop was among those temporarily blocked by a judge from opening after a group sued on behalf of disabled veterans, saying they were wrongly excluded from applying for a license. Marte, who has a past drug arrest, was paying rent on a store he could not open.


A judge recently ruled that Marte's store and several others could open. But the fate of many other provisional license holders, like Carson Grant of New York City, was unclear. After months of delays in opening his store in Queens, he was debating whether to reapply for a license again in this general round.


“It's very difficult emotionally,” he said.


Reginald Fluellen, senior consultant with the Cannabis Social Equity Coalition, blamed the state for a botched rollout.


“They’ve failed miserably in providing the justice-involved individuals the kind of head start, the kind of foothold, in the market that they promised," Fluellen said.


Under new regulations, medical marijuana providers could begin retail recreational sales at one of their existing dispensaries as early as Dec. 29. They could begin selling recreational pot at two more dispensaries six months after that. The entry price for those companies is steep: a $20 million licensing fee, with $5 million due upfront. But multiple companies are expected to jump in.


“We expect New York to be the hub, or one of the hubs, for legal cannabis on the East Coast,” said Curaleaf CEO Matt Darin. “And so we’re very bullish and we’ve invested a lot of capital and time to be able to maximize the opportunity.”


Curaleaf, which operates in multiple states, has already invested $50 million in New York, most of it on a recently expanded indoor growing facility south of Albany that now serves the medical market. Rows of plants there mature in intensely lit rooms where humidity, temperature and nutrition are tightly controlled — a scene in stark contrast to the fields and greenhouses that have defined New York’s adult-use market since growing started last year.


Curaleaf will be able to double the size of the facility’s canopy to 64,000 square feet, or about 1.5 acres (0.61 hectares), if the market dictates, said Joe Holland, an executive vice president.


To guard against retail monopolies, the medical providers will be limited to three retail outlets. And in a nod to farmers, their shops will initially have to devote half their shelf space to products grown and processed by independent businesses.


Still, critics say the state should have allowed more time for economically and socially diverse entrepreneurs to succeed before letting in larger competitors.


Joseph Calderone of Grateful Valley Farm, near the Pennsylvania border, compared it to little hardware stores competing against big box stores. Large indoor facilities, he said, can produce multiple crops a year. Meanwhile, farms having trouble selling their crops are “teetering on the edge of failure,” he said.


“We were given a fair chance to grow. We were asked to do that," he said. "We kept our promise. The state did not keep their promise.”


Office of Cannabis Management executive director Chris Alexander said the new regulations maintain New York’s commitment to social and economic equity, while keeping the market more competitive than in other states. That includes giving priority consideration for social and equity applicants in the current round.


While acknowledging there was some “frustration” in getting retail stores open, Alexander said the state has shown a market supplied by small farmers can work.


"We've got some of the top-performing dispensaries in the country right here in New York," Alexander said


And there’s still room to grow. Regulators have estimated New York will eventually require at least 2,000 dispensaries to meet demand.


“I think there’s enough business to go around,” said Christian Chavez, CEO of Statis Cannabis Co. He said sales have been good since they opened their dispensary in the Bronx in July. “I think it’ll be quite some time until this market gets saturated in New York.”
 
The picture below is; a) a greased pig wresting contest, b) illustrative of NY's incredibly inept attempts to establish legalized cannabis, or c) both.

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Bill to severely cut NYC Cannabis dispensary taxes still awaiting governor’s signature


To great fanfare, New York State recently allowed cannabis operators to deduct business expenses on their state taxes.


The move will likely save Empire State cannabis companies – already operating at a disadvantage due to marijuana’s Schedule I classification – tens to hundreds of thousands of dollars annually.


However, when Albany lawmakers altered the state tax code last year to allow these deductions, the changes didn’t apply to New York City’s cannabis businesses, said Elana Tamas, the cannabis group tax leader at Anchin, an accounting and advisory firm.


“New York State doesn’t speak for New York City – they’re separate,” Tamas said.


Changing New York City’s municipal taxes requires separate legislation, and a bill passed by both houses of the state’s legislature would change New York City’s municipal taxes to allow these deductions (which could amount to a six-figure sum).


But as of mid-October, Gov. Kathy Hochul hasn’t yet signed the bill.


Charles King, the CEO of Housing Works Cannabis Co. – the first adult-use cannabis store to open in the state – said he has reached out to city officials and legislators about the issue.


King said he has also had conversations with Gov. Hochul’s staffers, which have led him to believe the governor intends to sign the bill before it sunsets at the end of 2023.


“It actually took us realizing the tax implications, going to City Hall … to get this [legislation] moved,” King said.


However, Hochul’s office did not respond to NY Cannabis Insider’s emails asking about the bill’s fate.


Tax disparities for cannabis operators


This disparity between state and city taxes revolves around the IRS code known as Section 280E. This federal tax policy prohibits businesses that traffic controlled substances on the Drug Enforcement Administration’s Schedule I or II lists – including cannabis – from writing off many business expenses on their taxes.


Section 280E is well known across the legal cannabis industry nationwide because it forbids state-licensed weed companies from writing off most business expenses. Under the policy, companies are allowed to write off items under the “cost of goods sold” category, which includes spending on items necessary to manufacture a product.


Under 280E, growers and processors may write off things like salaries of cultivation employees and rent paid for growing or processing facilities, said Tamas from Anchin.


But since retailers resell products – rather than produce them – they generally cannot write off line items like rent or most of their employee salaries, since these costs are not related to manufacturing a product.


Instead, weed businesses must eat the same costs that other businesses can deduct, which can amount to a staggering expenditure.


“The numbers are huge,” Tamas said.


Ironically, because the federal government categorizes marijuana as an illegal substance, one of the few items dispensaries are able to deduct from their taxes is money spent on their inventory: marijuana.


If the DEA reschedules cannabis to Schedule III – as the U.S. Department of Health and Human Services recommended – it would immediately make 280E moot for cannabis companies, Tamas said. But for now the tax regime applies to all legal plant-touching cannabis companies’ federal taxes.


These rules also applied to state taxes before Gov. Hochul’s 2023 budget decoupled the state tax regime from 280E. However, the changes didn’t apply to New York City’s tax system, and it won’t unless lawmakers pass specific legislation to decouple the city’s municipal tax structure from 280E.


The proposed law awaiting the governor’s signature applies retroactively to costs incurred since 2022 and would be a major windfall for Housing Works Cannabis Co., King said. Based on Housing Works Cannabis’ $12 million in sales in its first six months operating, King said the dispensary paid $350,000 extra in city taxes, which would be wiped clean via tax credits.


“I think every licensed cannabis retailer in New York City is going to benefit from this,” King said, adding that there are currently only four legal dispensaries operating in the city, but this number will likely grow exponentially over time – and two more have already been greenlit to open in coming days: Terp Bros in Queens and CONBUD in the Bronx.


Paul Yau, CEO of Union Square Travel Agency – another licensed New York City dispensary – said that even though federal taxes make up the lion’s share of the store’s tax burden, decoupling city taxes from 280E would have a meaningful impact on the business.


“It’s especially material in the context of Union Square being 51% owned by The Doe Fund,” said Yau.


If the store can keep a greater share of its revenue, it can contribute more to programs run by the Doe Fund, a nonprofit that provides housing, career training, and supportive services to homeless and formerly incarcerated men, Yau said.


Yau declined to specify Union Square’s revenue, and how much money the store will save in taxes if Hochul signs the bill into law, but he said the change would be significant to the shop’s bottom line


“On the corporate level, it’s 7.25% of revenue that we have to pay the city tax,” Yau said. “That is a significant amount of money, especially when it could be going to The Doe Fund.”


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"They know what's wrong"??? What....they finally looked in the mirror? Hmmm?

“I just think it’s somewhat in disarray,” state Sen. Joe Griffo said"

1699978384075.jpeg


New York Senators say they now know what’s wrong with the state’s Cannabis Industry. What will they do next?


New York State Senate Subcommittee on Cannabis Reevaluates Enforcement and Social Equity Investment Fund Amid Slow Market Rollout.


After hearing from state cannabis regulators, law enforcement leaders and adult-use licensees, members of the New York State Senate Subcommittee on Cannabis are now taking a fresh look at enforcement, New York’s cannabis social equity investment fund and other key issues affecting the rollout of the state’s legal weed market.


“I just think it’s somewhat in disarray,” state Sen. Joe Griffo said of the rollout after the marathon hearing.


Regulators at the hearing “indicated there are challenges,” Griffo told NY Cannabis Insider. “I see them as problems and they’re problems that need to be confronted and addressed.”


Griffo, a Central New York Republican who voted against legalizing cannabis in 2021, told NY Cannabis Insider that the hearing left him wondering if the Office of Cannabis Management is properly structured, and whether the agency has the resources it needs to carry out the duties the Marijuana Regulation and Taxation Act requires.


OCM officials seem to have difficulty communicating with municipal officials, especially regarding enforcement of illegal shops, Griffo said. The hearing left him wondering if OCM needs more enforcement power, but also whether legislation could help solve many of regulators’ problems.


“The Office of Cannabis Management seems still to be in flux to a certain extent, and I don’t know that many of the questions that were raised were adequately addressed,” Griffo said, adding that he thinks there have been both communication and coordination issues at play.


During the Oct. 30 hearing, New York City Sheriff Anthony Miranda told senators that unlicensed shops have multiplied across New York amid the state’s slow marijuana retail rollout. As many stakeholders have worried that grey market shops could undermine the legal market, Miranda said many consumers at illegal shops assume the stores are licensed.


“The lack of licensing, oversight and control not only creates health and safety concerns, but it … undermines the legal industry,” Miranda said.


Enforcement issues were top of mind for Sen. Pamela Helming (R, Canandaigua) following the hearing. Focusing on shutting down illegal shops would ensure public safety in addition to protecting small licensed businesses and local cultivators, said Helming, who also voted against passing the MRTA in 2021.


“It is astounding the number of illegal shops that are operating in New York State without consequence, ignoring our laws, not paying taxes, and putting our young people and our communities at risk,” Helming told NY Cannabis Insider.


The tax implications of Illicit shops certainly present a problem, Amanda Hiller, acting commissioner and general counsel of the state Department of Taxation and Finance, said during the hearing. New York has collected $8.6 million in legal cannabis retail taxes and $4.3 million in distribution taxes this year, Hiller said. She estimated that the amount of uncollected taxes from illegal smoke shops is probably in the millions.


A few days after the hearing, Sen. Liz Krueger (D, Manhattan) pointed to enforcement of illicit cannabis shops as a key issue that needs attention. During the hearing, Krueger pointed out that unlicensed smoke shops are engaging in felonious behavior including possessing larger-than-legal quantities of weed and selling to underage kids.


In a statement to NY Cannabis Insider, Krueger said police should do more undercover buys to prove felony conduct by smoke shops. She also said district attorneys should go after these stores by filing and processing rapid evictions to their commercial landlords, and Gov. Kathy Hochul should sign an LLC transparency law that would make illegal shops easier to track.


Beyond enforcement, Krueger said the state needs to explore options to help small farmers who grew crops they were unable to sell. Additionally, the state needs to look into loans being offered to Conditional Adult-Use Retail Dispensary licensees, she said.


Sen. Michelle Hinchey (D, Kingston) also expressed concern about farmers during the hearing. She later told NY Cannabis Insider that she wants to create a “Recompense Fund” for licensed cultivators, which would help alleviate losses incurred by farmers who have “been hit twice due to the CBD price collapse, and now a languishing cannabis market rollout.


“Our farmers are sitting on a cannabis oversupply that is losing value by the day …. This situation is undeniably an agricultural emergency, and establishing a cannabis relief fund for our struggling farmers should, without a doubt, be part of the solution,” Hinchey said.


During the state Senate hearing last week, Eli Northrup, policy director of The Bronx Defenders’ Bronx Cannabis Hub – which has been helping people apply for CAURD licenses – brought up alleged troubling practices by private equity firm Chicago Atlantic, the sole lender to the Dormitory Authority of the State of New York’s Cannabis Social Equity Investment Fund.


Senators expressed shock when Northrup said Chicago Atlantic is negotiating loan agreements directly with CAURD licensees, speaking to licensees without the presence of counsel and engaging in high-pressure tactics.


Coss Marte, CEO of Manhattan CAURD dispensary CONBUD, told senators he’s hearing about CAURDs taking loans between $1.5 and $1.7 million with a 13% interest rate to be paid back in 10 years.


“It’s setting you up for failure,” said Marte, who self-funded his store with business partners. “I wish I would have gotten the DASNY contract, because I could have built everybody’s dispensary for a third of the price,” he joked.


During the hearing, Krueger said Chicago Atlantic’s direct involvement goes beyond what she thought their role as an investor into the fund included. She said she doesn’t understand why the company is negotiating with CAURD licensees.


“We need an investigation of the DASNY/private equity deals, which appear to be predatory and exploitative of CAURD licensees,” Krueger said in a statement to NY Cannabis Insider this week.


Sen. Gustavo Rivera (D, Bronx), also told NY Cannabis Insider that he was troubled by what he heard regarding the alleged conduct by Chicago Atlantic.


After hearing anecdotes of Chicago Atlantic representatives directly negotiating with CAURD licensees with high-pressure tactics, Rivera told NY Cannabis Insider that this is especially problematic, since many of these stakeholders are already victims of banking discrimination.


“Their accounts shed light on the challenges faced within the social equity financing landscape,” Rivera said. “It is incumbent upon us to collaborate and ensure that private financiers do not exploit community members.”


Rivera also said the legislature should look at codifying the CAURD program into law, in light of multiple lawsuits that have kept hundreds of these businesses from opening.
 
And the NY state clown show goes on...note, there is zero description below of what this proposed settlement contains.


NY on verge of settling in suit alleging state favored drug dealers over disabled vets for pot licenses

New York Gov. Kathy Hochul’s regulators are on the verge of settling a discrimination lawsuit alleging that the state favored convicted pot felons over disabled veterans in the awarding of licenses to sell legal marijuana.


The move would accelerate the opening of hundreds of cannabis stores left in limbo by the Empire State’s legal weed war.


The details of the proposed agreement weren’t made public, but the state Cannabis Control Board has called for an emergency meeting on Monday to approve the settlement in the case brought by disabled vets Carmine Fiore, William Norgard, Steve Mejia and Dominic Spaccio.


“The parties wish to enter into a settlement agreement and stipulation of dismissal to resolve the Fiori Action and the Coalition Action without further litigation,” the proposed resolution to be voted on by the board states.


“Now, therefore, be it, resolved the Board approves entering into a settlement agreement and stipulation of dismissal for the Fiori Action and Coalition Action.”


New York officials got burned after Albany Supreme Court Justice Kevin Bryant issued an injunction in August that put the state’s problem-plagued cannabis program on ice.


New York Gov. Kathy Hochul’s regulators are on the verge of settling a discrimination lawsuit alleging that the state favored convicted pot felons over disabled veterans in the awarding of licenses to sell legal marijuana.REUTERS


Bryant agreed with the plaintiffs that the state likely illegally favored drug felons over other groups in dishing out licenses to sell ganja under the Marijuana Regulation and Taxation Act of 2021.


Because of the litigation and the injunction, the state could not approve the opening of scores of licensed cannabis operators.


Pot dealers lit up over the anticipated settlements.


“After months of the harmful impact on legal operators trying to open, there is some great holiday daze for the entire cannabis community,” said Osbert Orduna, CEO of The Cannabis Place, who runs a Queens-based licensed pot delivery service but was blocked from opening an approved weed store on Metropolitan Avenue in Middle Village due to the injunction.


The cannabis control board was scheduled to approve the proposed settlement at a previous meeting, but the vote was set aside amid last minute haggling between the parties, sources said.


The state Cannabis Control Board has called for an emergency meeting on Monday to approve the settlement in the case brought by disabled vets Carmine Fiore, William Norgard, Steve Mejia and Dominic Spaccio.AFP via Getty Images


Carmine Fiore, 38, claims the move was payback for his public criticism of the state’s legal pot rollout.Stephen Yang


The regulators are now also scheduled to settle a second, similar lawsuit filed in March by a coalition including some of New York’s medical marijuana companies that also claimed state officials exceeded their legal authority when they opened the initial application pool only to people with past pot convictions or their relatives, instead of to everyone.


“The challenges of standing up a new market built on equity have been enormous,” state Office of Cannabis executive director Chris Alexander said in a recent note to weed applicants and licensees.


“I share in the frustration that I know many of you feel… I said this a year ago, I said this in June, and I’ll say it again: Your success is our success. We will not stop pursuing all possible pathways to get your businesses open. I thank you for your continued courage and commitment,” Alexander said.


The slow pace of the legal weed program has given illicit peddlers ample time to establish a big foothold — by setting up unlicensed shops that mostly do business in cash and don’t pay cannabis taxes that licensed marijuana dispensary stores must pay.
 
“Now that we have opened up licensing to all equity entrepreneurs and provided a clear pathway to participation in the adult-use market for our medical operators, we are able to continue to move this program forward together.”

And it took a law suit and major delay to bring these idiots to this obvious solution. If Shakespeare was alive today, the line would have been revised to be "first we must kill all the politicians". They are a pox on our society, IMO


New York Cannabis Regulators Reach Settlement in Lawsuit Blocking Dispensary Openings

New York cannabis regulators have reached a settlement in legal action that has delayed the opening of recreational weed dispensaries.​


New York’s cannabis regulatory agency on Monday announced that it has reached a settlement in two lawsuits that have been blocking the opening of retail weed dispensaries for months. The settlement sets the stage for more than 400 Conditional Adult-Use Retail Dispensary (CAURD) licensees to finally open their businesses after months of waiting for the lawsuit to be resolved.


The lawsuits against New York’s Cannabis Control Board (CCB) are challenging the agency’s process for awarding licenses for the state’s first recreational cannabis dispensaries, which were reserved for individuals with previous marijuana-related offenses on their record. One of the lawsuits was filed by a group of military veterans, while the second legal action was brought by a group of medical marijuana companies seeking access to New York’s lucrative retail weed market.


In August, after only a handful of recreational pot shops had opened, state Supreme Court Justice Kevin Bryant issued a temporary injunction blocking the opening of additional dispensaries with licenses issued under the CAURD program. The judge ruled that the CCB had improperly reserved all of the initial retail dispensary licenses for those with pot convictions instead of considering a wider group of social equity applicants outlined by New York’s 2021 law legalizing adult-use cannabis.


Some of the businesses were later allowed to open their doors, but less than three dozen shops have begun serving customers across the state. At the same time, more than 400 businesses approved for CAURD licenses have been left in limbo while the legal drama continues.


At an emergency meeting of the CCB on Monday, the board voted to approve a settlement agreement state lawyers negotiated with attorneys for the plaintiffs in the lawsuits.


“Today’s approval of the settlement agreement by the New York State Cannabis Control Board marks a momentous step forward in our mission to cultivate a diverse and inclusive cannabis market,” CCB Chair Tremaine Wright said in a statement from the agency. “Once this settlement is approved, we are hopeful those impacted by the injunction will be empowered to open their storefronts and embark on their entrepreneurial journeys, bringing us closer to our goals.”


Regulators Announce Application Period For More Licenses​


The settlement follows the CCB’s recent approval of a new cannabis application period for licenses to grow, distribute and sell cannabis. The new application window is expected to result in more than 1,000 new licenses for New York’s recreational cannabis market, which has been stunted by the delayed approval of licensed retailers.


“Today, we are one step closer to resolving litigation brought forth by equity entrepreneurs and our medical operators who felt that they were being left behind,” said Chris Alexander, executive director of New York’s Office of Cannabis Management. “Now that we have opened up licensing to all equity entrepreneurs and provided a clear pathway to participation in the adult-use market for our medical operators, we are able to continue to move this program forward together.”


The CCB noted that with the settlement, more than 400 CAURD licensees will be able to proceed with opening their shops. Michelle Bodian, a partner at the cannabis law firm Vicente LLP, said “It’s a good day for the NY cannabis industry,” when details of the settlement were released on Tuesday.


“With the settlement agreements filed in both lawsuits, we know NY has the potential to have many more adult-use stores in 2024,” Bodian wrote in an email to High Times. “Although the state cannot award any more provisional CAURD licenses till April, the 436 provisional CAURD licensees can move forward towards a final license. In addition, five registered organizations will be permitted to transition one store to the adult-use market on or after December 29, 2023.


Osbert Orduna, CEO of The Cannabis Place, owns a Queens-based licensed pot delivery service but was blocked from opening an approved dispensary on Metropolitan Avenue in Middle Village because of the injunction.


“After months of the harmful impact on legal operators trying to open, there is some great holiday daze for the entire cannabis community,” Orduna told the New York Post.
 
FFS, not again. Maryland...where I live...had a Maryland residency requirement when they opened the med program 5 years ago but then allowed almost immediate consolidation of the industry by multi-state operators thus gutting local ownership requirements.

New lawsuit threatens opening of new NY Cannabis stores


New York's cannabis industry is bracing for another legal challenge that could put the industry in limbo for the third time.


Two companies that applied for an adult-use retail dispensary license filed a federal suit Monday in the U.S. District Court in New York's Northern District against the state Office of Cannabis Management and its Cannabis Control Board. The suit was filed the same day the Office of Cannabis Management's application window closed for its first round of adult-use retail licenses.


Variscite New York Four LLC and Variscite New York Five LLC claim the department's adult-use retail dispensary cannabis license program is unconstitutional, arguing the board's system of approving licenses favors New York residents and violates the federal Dormant Commerce Clause, which prevents states from discriminating against interstate commerce.


"Defendants violated plaintiffs’ rights by depriving [them] of the opportunity to fairly compete for a license to operate a storefront retail cannabis dispensary, in violation of the dormant Commerce Clause," according to the lawsuit.


The marijuana dispensary companies spearheading the latest court challenge want a federal judge to block more cannabis licenses from being awarded in New York — fewer than three months OCM settled the last lawsuit that held up the issuing of more licenses in October.


They want their application to be processed in the "extra priority" pool of applicants, because the businesses satisfy the other requirements except the preference for New York residency, according to the suit.


Variscite Four and Variscite Five are owned by a person with a previous marijuana conviction in the state of California.


"Because plaintiffs should have received 'extra priority' over all other applicant classes — whether general adult use, priority adult use or Conditional Adult Uuse Retail Dispensary — the court should enjoin defendants from issuing any licenses," according to the lawsuit.


The companies argue their businesses should be considered in the pool of applicants seeking a license to open a dispensary in the state who are given extra priority because they've already secured a retail location to open up shop. The first window of priority applications for people with a store space closed Nov. 17.


The state's Adult Use Application Program is divided into three pools: general; social and economic equity priority; and social and economic equity “extra priority.”


They argue the state's Marijuana Regulation and Taxation Act, which legalized adult-use recreational cannabis in New York, says applications are supposed to be open to everyone at the same time, not a certain category of people.


The Office of Cannabis Management declined to comment, citing the pending litigation.


The Cannabis Control Board was scheduled to meet Wednesday, but was postponed, with officials citing last-minute scheduling conflicts.


Department officials say the suit did not impact the board's decision not to meet, as the group has met and conducted business within a day or two of past court rulings that impacted the state's marijuana industry.


A company by a similar name filed the first lawsuit against OCM last year, which prevented retail dispensaries from coming online in half the state, alleging comparable complaints about the state's adult-use cannabis program violating the Commerce Clause and giving preference to New Yorkers.


The ongoing delays from lawsuits have left New York farmers who have grown cannabis to be sold in legal dispensaries in a bind, with hundreds of thousands of pounds of flower waiting to be sold. Office of Cannabis Management allowed farmers to partner with a licensed adult-use retailer at public events this year called Cannabis Grower Showcases, but that program sunsets at the end of the year.


Senate Cannabis Subcommittee chair Jeremy Cooney has said he's open to working with OCM to draft legislation to make the showcases permanent.


"The most important thing out of these cannabis growers showcases is that you're purchasing tested, safe materials from the state of New York," said Cooney, a Rochester Democrat. "You're not just going down some back alley and buying weed from someone who says that they are a legal seller, right? You can feel confident that what the product that you're ingesting is safe for you to consume. And that's what we want more access to in New York state."


The next conference date for this case is scheduled three months from the filing date for 10 a.m. March 18.
 
Well, if they didn't utterly fuck up the issuance of legal licenses...which includes putting applicants race and criminal record in a priority position...they wouldn't have this problem.


Governor Hochul’s Bold Move to Weed Out Illicit Cannabis Sales in New York


Governor Hochul's Legislative Proposal Aims to Strengthen Enforcement Against Illicit Cannabis Sales.


In Buffalo and across the, a new battlefront opens in the war against illicit cannabis sales. Governor Kathy Hochul, in a determined stride towards safeguarding public health and bolstering the legal cannabis market, has unveiled a legislative proposal that could change the game.


The heart of this initiative lies in empowering the Office of Cannabis Management (OCM) and local governments, including the City of Buffalo, with enhanced authority to clamp down on unlicensed cannabis stores. These entities, once mere bystanders in the cannabis enforcement arena, are now armed with the power to padlock these illicit establishments.


This isn’t just a policy shift; it’s a cultural one. The Governor’s move reflects a deeper understanding of the challenges at play: the nuisances caused by unregulated cannabis sales and the risks posed by untested products flooding our streets. It’s about taking back control and ensuring that the burgeoning legal cannabis market – one that promises equity and opportunity – isn’t overshadowed by the black market.


Governor Hochul’s proposals are comprehensive: they aim to streamline the closure of unlicensed businesses, authorize local governments to enforce padlock orders, and establish local registries of licensed cannabis businesses. This multi-pronged approach targets the heart of the issue, making it harder for illegal operators to thrive.


Chris Alexander, Executive Director of the OCM, puts it succinctly, “When New Yorkers shop at legal dispensaries, they’re not just buying cannabis; they’re investing in their communities.” This statement underscores the importance of a regulated market that prioritizes safety and community reinvestment over profit.


The city of Buffalo has already taken steps in this direction, establishing a law in 2023 that imposes a hefty fine for non-display of a license from the OCM. This local action complements the Governor’s broader strategy, reflecting a unified front against the illicit market.


In 2023 alone, OCM and the Department of Taxation and Finance (DTF) made significant inroads, conducting hundreds of inspections and seizing over 11,800 pounds of illicit cannabis. The closure of Big Chief Smoke Shop in Brooklyn, following community outcry, is a testament to the effectiveness of these efforts.


The Governor’s approach doesn’t stop with padlocking doors. It brings together various state agencies, including the Department of Labor and the Workers Compensation Board, to ensure that businesses comply with a gamut of state laws. This coordinated effort not only tackles the issue of illegal cannabis sales but also reinforces labor and workers’ compensation laws.


This strategy represents a nuanced understanding of the problem. It’s not just about punishing the wrongdoers but about creating a safe, equitable, and legal marketplace. It’s about making sure that the laws are followed and that New Yorkers are protected from unsafe products.
 

New York’s Proposed Rules for Growing Cannabis in Your Home


New York Regulators Propose Rules for Adult-Use Home Cultivation of Marijuana.​


New York regulators have released a preview of proposed rules for home cultivation of marijuana by adults ahead of the plan’s formal consideration by the state Cannabis Control Board (CCB) at a meeting set for January 24.


The proposal, which comes more than a year after adult-use retail marijuana sales began in New York, would allow adults to grow up to three mature and three immature cannabis plants, with no more than six mature plants and six immature plants per private residence, regardless of the number of adults who live there.


Adults would be able to keep up to 5 pounds of marijuana that has been trimmed from the legal plants they grow, or the equivalent of that raw flower if converted into concentrates. People could also have combined flower and concentrate amounts adding up to no more than the equivalent of that total weight.


Plants grown under the proposed regulations would need to be stored in a secure location “that is not plainly visible from public view.”


Currently adults can possess up to 3 ounces of marijuana and up to 24 grams of concentrate, including oil and edibles.


Plants grown under the proposed regulations would need to be stored in a secure location “that is not plainly visible from public view” and in a manner that “prevents theft, loss or access to residents under the age of 21,” according to a preview from the state’s Office of Cannabis Management (OCM). Homegrown marijuana would need to be for personal use and could not be sold, though cannabis currently can be shared with other adults so long as it’s below legal possession amounts.


If odor presents a nuisance to neighbors, people growing cannabis would need to remediate those issues, and the OCM plans to “continue to work with municipalities across New York to offer support and guidance on this subject.”


New Yorkers with more than one residence could only use a single site for cultivation under the proposed rules.


Home cultivation for certified medical marijuana patients and designated caregivers, meanwhile, has been legal in the state since October 2022, just ahead of the opening of adult-use retail sales in December that year. The state’s cannabis legalization law, enacted in 2021, mandates that adult-use homegrow would have to launch within 18 months of the first adult-use retail sales.


While possession and commerce are already lawful for seeds—qualifying as a federally legal hemp product, because they contain less than 0.3 percent THC—the proposed regulations would allow adults to purchase immature immature plants from state-licensed cannabis retailers, microbusinesses and vertically integrated registered organizations with dispensing.


Municipalities couldn’t prohibit adults entirely from growing marijuana at home, but they could adopt laws that “reasonably regulate” homegrow.


Those businesses would need to have active nursery registration certificates from state Department of Agriculture and Markets, and plants sold would need to be labeled with strain name, date of harvest, a label warning to keep the plant out of reach of minors, and any other information the OCM deems necessary.


Municipalities couldn’t prohibit adults entirely from growing marijuana at home, but they could adopt laws that “reasonably regulate” homegrow. Adults who live in federally subsidized housing or on United States military bases could not grow at home, however, “since cannabis is still federally illegal and could be at risk of losing their housing if they participate in home cultivation,” the preview says—a restriction that also applies to medical marijuana patients.


Multi-unit buildings could be more complicated. According to the preview of the proposed regulations, co-ops and condos “would be able to determine whether or not they want to implement general odor mitigation policies that could impact adult-use home cultivation in compliance with state and local municipal laws, rules and ordinances.” Landlords could “institute similar odor mitigation policies outlined in leases.”


The preview does not explicitly state whether home cultivation could be forbidden outright in multi-unit buildings.


The preview does not explicitly state whether home cultivation could be forbidden outright in multi-unit buildings, however, instead stating: “Landlords, co-ops and condos still cannot forbid residents from possessing cannabis in their private residences unless this would risk federal benefits to said housing units.”


If CCB members approve the proposed rules on January 24, a 60-day public comment period will begin. If no significant changes are made after that as a result of public input, the OCM will then submit the regulations to the CCB for final approval. If there are significant changes, a revised proposal will be followed by a 45-day public comment period.


“In New York State,” an OCM press release said, “it could often take anywhere from six to 12 months from initial proposal to final adoption for regulation packages like these.”


Comments on the proposed regulations, the OCM said, can be emailed to regulations@ocm.ny.gov, or mailed to: New York State Office of Cannabis Management, P.O. Box 2071, Albany, NY 12220. The office has also published general tips “intended to help you submit a strong comment that will best explain your views and improve the proposed regulations on which you are commenting,” the release said.


Earlier in January, Governor Kathy Hochul (D) called on lawmakers to repeal the state’s THC potency tax and replace it with a wholesale excise tax of 9 percent, aiming to reduce costs for consumers and simplify reporting requirements to help make licensed businesses more competitive against illicit operators.


Consumers purchased more than 3.5 million cannabis products during 2023, with total sales expected to exceed $150 million.


The OCM also recently released its latest annual marijuana industry report, along with a pair of separate documents focusing on equity in the industry and enforcement against unlicensed operators.


That report came days after the OCM offered a brief snapshot of the state’s first year of legal sales, highlighting that consumers purchased more than 3.5 million cannabis products during 2023, with total sales expected to exceed $150 million. In terms of enforcement against unlicensed marijuana activity, the state seized 11,600 pounds of illicit products worth an estimated $56 million. It also performed 369 “enforcement inspections” of illicit operations.


As New York works to significantly expand the state’s regulated marijuana market, a bill filed in the Assembly earlier in January would empower individual municipal governments to shut down unlicensed cannabis businesses and seize their products.


The governor’s budget proposal similarly includes legislation to allow state and local officials to “seal or padlock an unlicensed cannabis business,” it says. It also “provides additional staff resources to the Department of Taxation and Finance to assist these expanded enforcement efforts.”


New York regulators are moving to process hundreds of marijuana business license applications. Over a dozen new cannabis retailers opened in December alone, following a settlement agreement lifting an injunction that had imposed a months-long licensing blockade.


“Our top priority is to grow and expand New York’s legal cannabis industry while cracking down on the illicit storefronts that continue to plague communities,” the governor said at the time.


Separately, the state’s Department of Labor published dozens of sample job descriptions for positions in the legal industry in December, which officials said are intended to help companies streamline hiring processes and allow prospective employees to assess their qualifications to work in various roles within the emerging cannabis industry.


Hochul, meanwhile, signed legislation in November that attempts to make it somewhat easier for financial institutions to work with state-licensed cannabis clients. She also signed a separate bill that’s meant to provide tax relief to New York City marijuana businesses that are currently blocked from making federal deductions under an Internal Revenue Service (IRS) code known as 280E.


While Hochul signed an earlier budget bill in 2022 that included provisions to allow state-level cannabis business tax deductions—a partial remedy to the ongoing federal issue—New York City has its own tax laws that weren’t affected by that change. The new measure is meant to fill that policy gap.


Hochul also recently vetoed legislation that would have allowed hemp seeds to be included in animal feed for pets, horses and camelids, such as llamas and alpacas.


In September, 66 state lawmakers—about a third of the entire state legislature—also wrote to Hochul urging her to sign a bill that would allow licensed marijuana producers to sell products to tribal retailers. The plan would offer a release valve to hundreds of cannabis farmers who are currently sitting on surpluses but have no place to sell their products. In December, Hochul vetoed that bill.
 
"Access to licensed retail dispensaries is something the state has historically struggled with."

Ya' tink? LOL


New York gives eight Medical Marijuana companies the green light to go recreational


More than half a dozen New York medical cannabis companies can now sell recreational marijuana in the state.​


Sixwere granted a "registered organization dispensing" (ROD) license in December, with two more approved during a special meeting of the Cannabis Control Board earlier this month, including the Chicago-based Green Thumb Industries (GTI).


Green Thumb entered New York’s cannabis market when they acquired Fiorello Pharmaceuticals in 2019. Today, the Chicago-based company operates four medical dispensaries under Fiorello’s medical license and 91 recreational operations across 15 states.


Dominic O’Brien is Senior Vice President of Revenue for GTI, whose Henrietta location, RISE, south of Rochester, is the only one of the company's New York dispensaries to have opened to recreational customers.


“We've been serving our medical patients, going on five years now. That continues, and always will be a priority for us.” O’Brien said. “That's how GTI got started, not just in New York but in most of our markets. Most markets are medical markets first, before they become adult-use markets.”


Now, O'Brien is excited and optimistic about being able to bring even more products to RISE, like "our Dog Walkers, Incredibles, EVO, all these wonderful products that we sell across 14 different states."


Registered organizations – another name for medical marijuana providers –have been a part of New York’s weed industry since the state’s Medical Marijuana Program started in 2016.


Medical companies are vertically integrated, which means a license holder can grow, process and sell their own produce under one license. Some independent growers have expressed fears that the presence of medical companies might crowd them out of the state’s developing recreational market.


John Kagia, the Director of Policy for the Office of Cannabis Management (OCM), says their inclusion is part of a broader push to expand New York’s retail capacity as quickly as possible.


Access to licensed retail dispensaries is something the state has historically struggled with. In August, a court injunction tossed many early applications to New York’s Conditional Adult-Use Retail Dispensary (CAURD) program into limbo, preventing the OCM from issuing any additional licenses until it was lifted four months later.


Between the recently restarted CAURD program and general adult-use business applications, Kagia says the state now expects to issue over 1000 licenses to cultivators, manufacturers, distributors and retailers in the coming months.


“The key, I think, was to design a market structure that enabled the registered organizations to have a seat at the table, but that not to be at the exclusion of all of the other entrepreneurs and businesspeople who see great opportunity in New York’s market,” Kagia said.


But he also points out that "mixed" retailers — who sell medical and recreational cannabis — can’t sell just their own product.


"These medical organizations are required by regulation to carry at least half of the product from other suppliers in the market," said Kagia.


Furthermore, New York does require all medical and recreational cannabis sold by licensed retailers to be grown in the state. And recreational storefronts serving both types of customers will initially be required to dedicate at least half of their adult-use shelf space to products they haven't made themselves.


Additionally, medical companies entering the growing adult-use market will only be allowed to transition one of their storefronts over to mixed medical-recreational sales until later this year.


Kagia hopes these policies will offer significant expansion opportunities to brands that exist on the adult-use side of the market as medical operators enter the field.
 
NY legalization program rollout....just a gift that keeps on giving. Sort of like a bad case of STD. Wow


Central NY business files lawsuit accusing New York cannabis office of bias against white men

By
A Central New York business owned by a white man has filed a lawsuit against New York’s cannabis management agency accusing it of racial and gender bias.
The business, Valencia AG of Jamesville, claims the “social and economic equity” provisions in the state’s licensing of cannabis businesses violate the U.S. Constitution’s equal protection clause by giving preference to women and people of color. The lawsuit, filed this week in U.S. District Court in Syracuse, names the state’s Office of Cannabis Management,
1706286461861.png
its director and its board members as defendants.
 
Got to love that "buck always stops somewhere else" sense of responsibility and leadership. LOL WTF does she think is running that ship? Maybe someone named Hochul...maybe?

New York Governor Says She’s ‘Very Fed Up’ With Slow Marijuana Retailer Licensing Rollout


The governor of New York says she’s “very fed up with how long it is taking” to expand the state’s recreational marijuana market with more licensed businesses, revealing that she recently urged regulators to “go back to the drawing board” to approve hundreds of new retailers.

Tensions are high in the Empire State, as marijuana license applicants voice frustration over delayed approvals and the abrupt cancellation of a Cannabis Control Board (CCB) meeting on Wednesday where regulators were expected to grant additional approvals.

But when Gov. Kathy Hochul (D) caught wind of the fact that the board was only prepared to sign off on three new licenses, her office intervened, she said during an event in Buffalo on Friday.

“My team got involved and said, ‘No, go back to the drawing board. Work harder. Get this done.’ And no, I’m not satisfied with the pace,” she said, as Spectrum News 1 reported
1706399881165.png
.

She said that applicants who are still waiting for the board’s sign-off are “absolutely right” to be frustrated.

“I’ll tell you right now, I’m very fed up with how long it is taking to get these approvals,” Hochul said. However, she acknowledged that regulators are not entirely at fault, pointing out that litigation from “larger conglomerates” that’s led to courts the licensing process for months at a time has also delayed the process.
Officials were also set to consider proposed rules allowing home cultivation of cannabis for adults at Wednesday’s meeting that was cancelled.

Meanwhile, the governor also released a budget plan this month that calls for the elimination of a THC potency tax, aiming to reduce costs for consumers in a way that could make the regulated market more competitive against illicit operators.

Also, as New York works to expand the state’s marijuana market, a bill filed in the Assembly this month would empower individual municipal governments to shut down unlicensed cannabis businesses and seize their products.

Over a dozen new cannabis retailers opened in December alone following a settlement agreement lifting an injunction that had imposed a months-long licensing blockade.
 
"slapped her hand on the table when calling the rollout a “disaster,”

Well, she definitely has a flair for understatement.

And, right after she managed, as all politicians do, to point the finger at others...in this case, her predecessor.

"Prior to my time (as governor), the legislation was crafted in a way that was not poised for success.”

As if the relevant legislation couldn't be modified/amended by her and her party's large majority in the NY legislature in the 2 1/2 years she has been Governor. I do think modern American politician's super power is blaming others....I mean, certainly they don't have any responsibility for the mess they create, right? FFS

Hochul says Cannabis rollout was a 'disaster' but fixing it is unlikely


Hochul says cannabis rollout was a 'disaster' but fixing it is unlikely.​


Gov. Kathy Hochul has made no secret of her unhappiness with New York State’s rollout of the legalization of cannabis.


And that unhappiness is growing.


“It’s a disaster,” the governor told The Buffalo News editorial board last week. “I will not defend that for one second.”


Hochul, who inherited New York’s marijuana legalization act when she became governor in August 2021, has no issue with the policy itself. “I'm glad we stopped the mass incarceration of young people for consumption,” she said. “It’s the right policy.”


But nearly three years after the law was passed and signed in March 2021, she said she has deep concerns about the implementation.


In a lengthy and detailed response to a question from The News’ editorial board, Hochul – who typically maintains an even tone when discussing policy – slapped her hand on the table when calling the rollout a “disaster,” and added, “You have to go back to the very beginning. Prior to my time (as governor), the legislation was crafted in a way that was not poised for success.”
 
Wow...what a list. I think this would be comical if it wasn't such a disaster of government program rollout. Wow


A running list of all lawsuits filed against New York Cannabis regulators


As New York’s Office of Cannabis Management launches applications for general marijuana business licensing, the agency is still fending off multiple lawsuits.


The Conditional Adult-Use Retail Dispensary program was halted in August, when a judge ordered an injunction preventing more CAURD dispensaries from opening. Plaintiffs in that case settled with the state, which allowed CAURD licensing to resume.


Since then, several plaintiffs have filed several lawsuits against the OCM in state and federal court. Some suits take issue with specific OCM regulations, while others seek to undo the MRTA, which legalized cannabis in New York.


Here is a list of active and inactive lawsuits plaintiffs have filed against state cannabis regulators since the latest CAURD injunction. Below that are lawsuits previously filed against the OCM.


Plaintiff(s): Friendly Flower 1 Inc., Friendly Flower 2 Inc., Rockaway Moonshot LLC, Hop Stock & Barrell IV LLC, BK Greenery LLC, Emeraldz Inc. and MariaGiovanna LLC.

Date filed: Jan. 29, 2024

Lawyer/law firm: Helbraun & Levey, LLP

Court: Albany Supreme Court

Complaint: In this lawsuit, plaintiffs are seven women who applied for cannabis retail licenses during New York’s first general licensing period beginning Oct. 4, 2023. The plaintiffs argue that the OCM did not notify any applicants that members of certain social equity groups – service-disabled veterans, people from certain geographies and distressed farmers – would receive three spots on the licensing queue, which gives them a distinct advantage. Plaintiffs’ attorneys say they might have decided not to apply, if they’d known this ahead of time, they might have decided not to apply in the first round. Plaintiffs also point to other problems in the queuing process that suggest errors in methodology.

Plaintiff(s) seeks:


  • A declaration that the Queue is arbitrary and capricious as it was issued without rational basis in fact or law.
  • An injunction from awarding any adult-use cannabis retail licenses from first-round applications.
  • Requirement that the OCM publicly disclose the exact methodology they will use in the licensing process.
  • Requirement that OCM re-issue queue numbers for retail and microbusiness general licensing applicants.
Status: Pending




Plaintiff(s):
Valencia AG, LLC

Date filed: Jan. 24, 2024

Lawyer/law firm: The Law Office of Robert P. Purcell, PLLC

Court: United States District Court Northern District of New York

Complaint: In this lawsuit, plaintiff Valencia AG of Jamesville, claims the social and economic equity provisions in New York’s cannabis licensing process violate the U.S. Constitution’s equal protection clause by giving preference to women and people of color.

Plaintiff(s) seeks:
  • A ruling stating that New York cannabis regulators may not charge different application fees for candidates on the basis of gender or race.
  • An injunction preventing New York cannabis regulators from enforcing regulations and procedures in cannabis licensing that favor candidates on the basis of gender or race.
  • An injunction preventing New York cannabis regulators from processing cannabis business applications from candidates who applied claiming social and economic equity status on the base of gender or race.
Status: Pending



Plaintiff(s):
Variscite NY Four, LLC and Variscite NY Five LLC

Date filed: Dec. 18, 2023

Lawyer/law firm: E. Stewart Jones Hacker Murphy, LLP

Court: United States District Court Northern District of New York

Complaint: The plaintiffs, who applied for general licenses, argue that the CAURD program violates New York’s MRTA, which requires the CCB to open the window for all adult-use retail dispensary applications “at the same time.” They also claim the MRTA contains residency requirements to seek “extra priority” status in violation of the Dormant Commerce Clause.

Plaintiff(s) seeks:
  • A ruling stating that New York’s CAURD program and aspects of its process for reviewing cannabis license applications are unconstitutional.
  • An injunction preventing New York cannabis regulators from processing license applications received between the Oct. 4, 2023 to Dec. 18, 2023 application period.
  • An injunction preventing New York cannabis regulators from processing CAURD applications.
Status: Pending



Plaintiff(s): Cannabis Impact Prevention Coalition, LLC; Cannabis Industry Victims Seeking Justice, LLC; Rennee Barachitta; Edwin De La Cruz; Eric R. De La Cruz; Phil Orenstein; Philip McManus; Robert Caemmerer; Richard R. McArthur; Ronnie Hickey; John and Jane Doe 1-15; XYZ Corporations 1-15

Date filed: Aug. 25, 2023

Lawyer/law firm: Bartels & Feureisen LLP

Court: United States District Court Northern District of New York

Complaint: The lawsuit argues that the $200 million public/private cannabis Social Equity Investment Fund Gov. Kathy Hochul launched in 2022 violates federal law. In their complaint, plaintiffs say the fund amounts to “an illegal marijuana trafficking finance scheme.”

Plaintiff(s) seeks:
  • A ruling stating that the Social Equity Cannabis Investment Fund was created in violation of federal drug trafficking law.
  • An injunction preventing New York State from using public or private funds “to engage in marijuana trafficking.”
Status: Pending




Plaintiff(s): Buenos Hill Inc.

Date filed: Sept. 16, 2023

Lawyer/law firm: Law Office of William R. DiCenzo

Court: Saratoga Supreme Court

Complaint: Property owner Buenos Hill, Inc., is suing 10 defendants, including the Saratoga Springs Planning Board, the City of Saratoga Springs and the New York Office of Cannabis Management.

In the suit, Buenos Hill, Inc., claims that when Saratoga Springs officials granted a permanent special use permit for a cannabis dispensary at 250 Washington Street/95 West Ave., the decision was arbitrary and capricious and violated lawful procedure.

Plaintiff(s) seeks:
  • Annulment of Saratoga Springs Planning Board decision to grant the special use permit
  • Declare Saratoga Springs’ Unified Development Ordinance unconstitutional, and enjoin officials from enforcing it
  • An injunction of the MRTA
  • Declaration that the MRTA is unconstitutional
Status: Pending



Plaintiff(s): Leafly Holdings, Inc.; Stage One Cannabis, LLC (DBA: Stage One Dispensary); Rosanna St. John

Date filed: Sept. 18, 2023

Lawyer/law firm: Phillips Lytle LLP

Court: Albany Supreme Court

Complaint: Leafly Holdings, a company that connects cannabis customers with brands and retailers, claims the New York Office of Cannabis Management illegally targeted their business (and similar platforms) in their industry regulations.

Plaintiffs argue that OCM’s regulations surrounding non-plant-touching third-party platforms would essentially bar Leafly from doing business in New York. Leafly cites rules including one that prohibits retail dispensaries from “pay[ing] for marketing or promotion through a third-party platform, marketplace, or aggregator that lists cannabis products for sale”; and one that prohibits licensees from contracting with a “person or entity performing any function or activity directly involving the licensed activities authorized for the license type.”

Plaintiff(s) seeks:

Annulment of OCM regulations plaintiffs have identified, and claim arbitrarily target third-party platforms.

Status: Pending, with a temporary exemption to regulations for third-party platforms as the case proceeds.



Plaintiff(s): North Fork Distribution, Inc. (Cycling Frog); Sarene Craft Beer Distributors, LLC; Hemp Beverage Alliance, Inc.; One Stop Brew Shop, LLC.

Date filed: Aug. 4, 2023

Lawyer/law firm: Davidoff Hutcher & Citron LLP

Court: Albany Supreme Court

Complaint: Plaintiffs sued New York cannabis regulators after the Cannabis Control Board approved emergency regulations that effectively bans intoxicating hemp products.

Plaintiffs include Cycling Frog, a Washington state-based beverage company that sells beverages infused with hemp-derived cannabinoids; Serene Craft Beer Distributors, a Westchester County-based alcohol distributor which also sells hemp-derived cannabinoid beverages; One Stop Brew Shop, a Rochester craft beer retailer that also sells hemp-derived cannabinoid beverages and Hemp Beverage Alliance, Inc., a Colorado-based industry trade group.

In their complaint, plaintiffs say the measure the Cannabis Control Board passed for hemp products – including a required ratio of 15:1 CBD or other cannabinoids to THC in hemp infused products, among other rules – violates the MRTA. They argue the CCB acted in an “arbitrary and capricious” manner when they approved the rules, and failed to identify an “emergency” to justify the quickly enacted rules.

“There is no rationale given for the new requirements (CBD to THC ratio and per serving/package limits on THC) and, in fact … such requirements may actually prove to be dangerous to the public health, safety and welfare, the exact opposite of what Respondents are supposed to be trying to achieve,” the complaint reads.

Judge Thomas Marcelle agreed with the plaintiffs and, on Nov. 13, issued an injunction preventing regulators from enforcing the emergency regulations. The victory was short-lived, however, because the CCB formally adopted the rules as official regulations in a meeting just four days later.

The lawsuit remains active, but there haven’t been any case filings since the Nov. 13 injunction decision. Now, Cycling Frog is weighing its options for how to move forward, an attorney for the plaintiffs told NY Cannabis Insider.

Plaintiff(s) seeks:
  • Temporary, preliminary and permanent injunction of the emergency regulations.
Status: Pending



Plaintiff(s): Carmine Fiore, William Norgard, Steve Mejia and Dominic Spaccio

Date filed: Aug. 2, 2023

Lawyer/law firm: Clark Smith Villazor LLP

Court: Albany Supreme Court

Complaint: The lawsuit argues that the OCM and CCB improperly limited eligibility for the CAURD program when they created it last year by only allowing “justice-involved individuals” who own a profitable “qualifying business.”.

The suit identifies plaintiffs in the case – Carmine Fiore, Steve Mejia, William Norgard and Dominic Spaccio – as service-disabled veterans who planned to pursue adult-use dispensary licenses.

In court documents, plaintiffs argue the CAURD program violates the U.S. Dormant Commerce Clause and the plain text of New York’s MRTA, which requires the CCB to open the window for all adult-use retail dispensary applications “at the same time.”

State officials settled with plaintiffs in early December. The settlement requires the CCB to provide retail licenses to the four service-disabled veterans who filed the suit. It also lifted the CAURD injunction, and requires the OCM to:
  • Establish a taskforce for businesses owned by service-disabled veterans, and commit at least one OCM full-time employee to specialize in business development for those veterans.
  • Create an educational campaign for service-disabled veterans who are interested in getting into the adult-use or medical markets.
  • Develop a program to expand cannabis research into factors related to veterans’ health.
  • Provide monthly updates to the plaintiffs on the progress of these efforts until they have been officially launched.
Plaintiff(s) seeks:
  • An order declaring the CAURD program a violation of the MRTA and New York’s separation of powers doctrine.
  • An order preventing regulators indefinitely from awarding or further processing any more CAURD licenses and/or from authorizing any more CAURD licensees to open adult-use retail dispensaries.
Status: Settled




Plaintiff(s): Cannabis Impact Prevention Coalition, LLC; Cannabis Industry Victims Seeking Justice, LLC; Renne Barchitta; Edwin De La Cruz; Eric R. De La Cruz; Phil Orenstein; Philip McManus; Robert Caemmerer; Richard D. McArthur; Ronnie Hickey; John and Jane Does 1-15 and Corporations 1-15.

Date filed: June 20, 2023

Lawyer/law firm: Bartels & Feureisen LLP

Court: Albany Supreme Court

Complaint: The lawsuit argues that the OCM improperly promulgated rules for medical cannabis; adult-use packaging, labeling, marketing and advertising and testing labs.

Plaintiffs include New York-based anti-cannabis advocacy groups: Cannabis Impact Prevention Coalition, LLC. and Cannabis Industry Victims Seeking Justice; along with several individual members of these groups.

The suit claims New York cannabis regulators and government officials “are attempting to orchestrate a marijuana trafficking operation utilizing taxpayer funds and public employees and resources. Their blatant disregard of every major objective embodied in federal marijuana law directly conflicts with, and otherwise stands as an obstacle to, Congress’s mandate that production, possession and distribution of Schedule I drugs, including marijuana, be prohibited unless approved by federal law.”

Plaintiff(s) seeks:
  • Enjoinment of rules the OCM passed for medical cannabis and labeling in order to bring them into compliance with federal law.
Status: Pending



Plaintiff(s): 125th Street Business District Management Association, Inc.

Date filed: April 26, 2023

Lawyer/law firm: Law Office of Daniel Blumenstein

Court: New York County Supreme Court

Complaint: The lawsuit argued that the Dormitory Authority of the State of New York (DASNY) and the OCM improperly sited a future CAURD dispensary at 248 West 125th Street.

The Plaintiff – 125th Street Business District Management Association, Inc. – is a corporation organized under the State of New York laws and provides supplemental services to the 125th Street Business Improvement District.

According to the complaint, the CAURD storefront falls within 500 feet of schools and community facilities. Siting an adult-use dispensary there, plaintiffs say, violates OCM’s guidance.

Plaintiff(s) seeks:
  • Enjoinment and permanent restraining of state officials from implementing or enforcing the licensing of 248 West 125th Street as an Adult Use Retail Dispensary;
  • Alternatively, invalidating the licensing of 248 West 125th Street as an Adult-use Retail Dispensary
  • Alternatively, enjoining and permanently restraining state officials from implementing or enforcing the licensing of 248 West 125th Street as an Adult Use Retail Dispensary
Status: Dismissed



Plaintiff(s): Coalition for Access to Regulated & Safe Cannabis

Date filed: March 16, 2023

Lawyer/law firm: Feurstein Kulick LLP

Court: Albany Supreme Court

Complaint: The lawsuit alleges unconstitutional overreach and policymaking, egregious abdication of duties, and actions that put New Yorkers’ health and safety at risk.

The plaintiff is The Coalition for Access to Regulated & Safe Cannabis, which describes itself as “an unincorporated trade association” composed of registered organizations, parties that planned to pursue a dispensary license when the application window first opened, and physicians whose practices have suffered due to the state’s “neglect” of its medical cannabis program.

The group argues that the OCM violated the MRTA by starting the CAURD application process ahead of general cannabis retail applications.

Plaintiff(s) seeks:
  • A ruling to compel state regulators to open up licensing for all retail dispensary applicants immediately.
Status: Resolved



Plaintiff(s): Variscite NY One, Inc.

Date filed: Sept. 26, 2022

Lawyer/law firm: Kernkamp Law

Court: United States District Court Northern District of New York

Complaint: Variscite filed suit in September, after the state – according to the complaint – found the entity was ineligible for a CAURD license because the company is 51% owned by Kenneth Gay, an individual who has no significant connection to New York and who has a cannabis conviction in Michigan. An individual named Jeffrey Jensen owns the other 49%.

CAURD rules require an applicant must have been convicted of a cannabis crime in New York and have a “significant presence” here.

This violates the Dormant Commerce Clause, the lawsuit argued, because the clause prohibits states from passing legislation that discriminates against or excessively burdens interstate commerce.

Plaintiff(s) seeks:
  • An injunction preventing the state from processing more CAURD applications
  • A declaration that the CAURD program violates the Dormant Commerce Clause
Status: Resolved
 
New York state cannabis program...just a gift that keeps on giving....sort of like a bad case of an STD. wow


New York Cannabis Regulator Reflects on Recent Challenges, From Lawsuits to Criticisms, and the Year Ahead


New York Cannabis Regulator Discusses Challenges and Plans for the Year Ahead.​


New York Cannabis Regulator Reflects on Recent Challenges, From Lawsuits to Criticisms, and the Year Ahead. New York’s cannabis regulators have faced choppy waters the past few months.


The Cannabis Control Board started off the year with a chaotic meeting in January, during which tensions arose over communication issues, both among regulators and with industry members. Then a regularly scheduled meeting on January 24, during which the first swathe of adult use retailers were expected to be licensed, was abruptly canceled with less than 24-hours notice, leaving a wake of confusion.


On the heels of all of this, Gov. Kathy Hochul became publicly critical of the adult use rollout. Broadly, she said the issuing of licenses has been too slow (50 shops have opened since December 2022). And, specifically, she said that she told regulators to “go back to the drawing board. Work harder. Get this done” after becoming aware of their plan to issue only a handful at the late January meeting.


The CCB will meet on Friday, and they are expected to issue that first batch of non-conditional adult use licenses.


Ahead of this week’s meeting, Cannabis Wire had a far-ranging interview with Tremaine Wright, chair of the Board, to talk about criticisms, cannabis enforcement, growers, and more.


(This interview has been lightly edited for length and clarity.)


Alyson Martin, Cannabis Wire: Gov. Hochul has alluded to a power struggle between the Office of Cannabis Management and the Cannabis Control Board, recently saying that “Conflict was built in as to who’s the ultimate decider.” Do you agree or disagree with this assessment, and why?


Tremaine Wright, Chair of the Cannabis Control Board:


The governor has identified what is a challenge in how the legislation was created. That it’s a lot of decision-making power afforded to the Cannabis Control Board. But, anybody watching how we set up our organization, they will understand that a lot of the things that are identified as operational have been, those powers have been given to the CCB. The CCB has since, I think, during our first meeting, we have transferred the responsibility for many of the operational things to the Office, because that is how it’s going to be executed. And so I think there was some – for people looking in – there was some confusion of sort of who is responsible for these day-to-day operations. I think that the CCB and OCM have determined that operational day-to-day tasks, and the work that it is to sort of push forward the needle of the work everyday, sits with our Office of Cannabis Management. And the Board has maintained sort of the larger policy and regulation approval and the license approval work.


The legislation was big picture, and it said all powers go to the Cannabis Control Board. However, a board of five, that only has one full-time member, cannot execute and implement application processing. We have to give that to the Office. I think that, when you get to the broad strokes of it, there is an assumption the Board manages everything. And really, the Board cannot feasibly manage everything.


Martin: Gov. Hochul was recently asked by a reporter about potential cannabis regulatory leadership changes. She said, “I’ve had meetings nonstop with my team about how we can get more licenses fulfilled.” Could there be leadership changes at OCM or CCB?


Wright: I’m with the governor. I have not heard any rumblings or statements from the chamber regarding changes. I think that the chamber, as well as the Office of Cannabis Management and the Cannabis Control Board, are really laser focused on getting licenses approved and assisting licensees with opening their doors. We have almost 300 cultivators in the state. We have over 200 brands in the state, and we’re trying to make sure that we have a solid pipeline so that those products can get to market, and that we’ll also be able to educate our consumers along the way.


Martin: Senator Jeremy Cooney, chair of the Senate Subcommittee on Cannabis, and a handful of other senators recently sent a letter to you about the licensing timeline, expressing their desire that, like many, they want to see more licenses awarded as soon as possible. Can you share how many licenses you expect to award at the next Cannabis Control Board meeting?


Wright: I don’t have that number.


There’s been a lot of hesitation and frustration in the process, because everything from how we queue to injunctions and legal processes that have slowed us down, to also technology being a hindrance in some instances because our IT system is slow. There are just real challenges in lifting up a new system and executing a program as large as this that has so much demand. So I truly understand the frustrations. I think that the legislature was on the right track when they rolled out the conditional adult use program. We were able to get cultivators very quickly up and running. We attempted to do the same with dispensaries. However, it has been met with several filings in court. We have settled one case. We were not able to issue or work on the program from August 7th of last year until December 1. And since December 1, approximately 30 new stores have opened. So people are moving forward.


But there is a natural concern that it has taken a while. These are the real hurdles and real challenges of people opening businesses. And also, the Office of Cannabis Management having to manage lots of litigation is a challenge.


Martin: Gov. Hochul recently called the Dormitory Authority of the State of New York’s involvement in the social equity fund a “bad idea.” Do you agree or disagree with that sentiment, and why?


Wright: I think the governor’s comments acknowledge that it was a huge undertaking for an institution like DASNY to shift gears and to try to utilize their expertise in something that was so different and new for them. DASNY builds, DASNY does launch development, DASNY manages money. And they were picking up the work of trying to locate small retail stores and to execute build outs and to finance small projects. That is a lot. It is a huge undertaking. And they were bold and willing to come forward to say, ‘you know what? We accept the challenge of doing this work.’


As the finance arm of New York State, they said ‘we are going to pick this heavy lift up,’ because there was no other institution that the state had readily available that could accept that challenge. So it was a challenge. It was a lot of labor. And, it, too, faced the challenges of the market. As soon as we announced that we were raising money for our fund, we saw cannabis investments almost come to a standstill across this country. That we were able to navigate that space and pivot how we were able to raise money because our partner DASNY is astute and they understand the market and they understand markets generally. So, they were able to help us to shift to a debt instrument, which now has fully funded the Fund that is being utilized to give loans to our small businesses.


Martin: Speaking of the Cannabis Social Equity Investment Fund, what’s the latest? There have been very few updates from the Board or DASNY.


Wright: Really, the answer comes from the Fund. And Chicago Atlantic is the Fund’s – they are our investor. They do not manage the execution of loans with licensees, they don’t oversee the buildout and opening of stores. That’s [Lavetta] Willis. They show up and they hire the people who help do the buildout, to help you stock your store, to bring in registers, to train the employees.


The Fund is still doing the work that they were created to do. They are managing the investment and they are executing loans and helping our licensees to open their stores.


Martin: You referenced Lavetta Willis, will she speak at an upcoming CCB meeting to give an update?


Wright: I don’t know if she’s planning to come to the meeting. The [DASNY] Public Policy Committee will be going back to have conversations with them and to follow up to see what the progress is.


However, as I said, what we’re looking at is nine weeks of activity. And in the nine weeks, what we’ve had is a flurry of activity to get stores open. So that really has been the primary objective. I think that it may take a few more weeks before we’re ready to say, ‘hey, let’s pause and give a public announcement.’ I just don’t think that that was their priority in this moment. The priority really has been to get licensees who were stuck in limbo since August up and running.


Martin: New York City Council members have called for a centralized hub for data related to cannabis enforcement. Are there any plans for such a hub?


Wright: Well, actually, it’s people just going to the same institutions that they’ve always gone to for enforcement information: the sheriff’s department, the tax department, the police department, and the Office of Cannabis Management. It’s no different than, say, a restaurant. If you wanted to find out what the violations are, you might go to the health department. You might go to the tax department. You might even go to sanitation, because they each have an arm of enforcement with that particular entity. And the same holds true for any business in cannabis. The only difference is that instead of it being maybe the department of health, they’re also going to bring in the Office of Cannabis Management. But they’re still subject to review and oversight from taxation, sanitation, and the police department as well, as all other businesses. So I think that it sounds nice to say we want to have one centralized answer, and we don’t want to look anywhere else. But I think that it does not acknowledge the reality that we have a number of city and state partners that have oversight of businesses, regardless of what they might sell. And they all have enforcement arms and they all get to enforce.


Martin: Many growers have had a rough few years in the state. Two lawmakers in particular, Sen. Michelle Hinchey and Assemblymember Donna Lupardo, have called for a fund to lift up growers. Do you have any updates on the possibility of a growers’ fund, or any other efforts related to cultivators?


Wright: That is strictly within the purview of the legislature. And so I think that Senator Hinchey and Assembly Member Lupardo are doing the heavy lifting of educating other members and also exploring what that could potentially look like. I think that they’re going to be leading the charge and assessing whether or not that is actually a good move forfor the state to make.


I don’t think that there is anything else specific that is brewing. I think that the elected representatives are definitely determining what is necessary to support our farmers. And trying to make sure that those solutions end up in this year’s budget and/or new legislation.


Martin: What keeps you up at night, when it comes to cannabis policy?


Wright: One of the largest challenges continues to be managing our public concerns and misconceptions about cannabis.


It is educating the average New Yorker about the challenges that we face as we roll this new industry out, as well as educating them on safety and societal impact as well as misinformation. And then also something as great as the economic and medicinal benefits of it. So, figuring out how we weave that together so that we can educate people.


Martin: From your desk, what area of cannabis policy are you most excited to tackle this year?


Wright: I am truly looking forward to our consumption licenses. I think that that is going to create so many opportunities for experience. And I think that’s where New York shines. There is no other place in the world that can offer you an experience like a New York experience. And I think the same holds true for the New York cannabis experience.
 
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New York regulators set to approve 110 new Cannabis licenses


New York Set to Expand Recreational Marijuana Market with Approval of 110 New Business Licenses.​


While the New York recreational marijuana market launch has been under fire in recent weeks – including from Gov. Kathy Hochul herself – regulators are set to greatly expand the industry with the approval of 110 new business licenses at a Friday meeting.


On the agenda​


On the agenda for the New York Cannabis Control Board – which is set to meet at 11 a.m. Friday in Troy – are approvals for 24 cultivators, nine distributors, 27 microbusinesses, 12 processors and 38 retailers.


The CCB meeting is the first since another scheduled for Jan. 24 was canceled at the last minute, reportedly at the behest of an irate governor, who later told The Buffalo News editorial board she was expecting the board to approve around 400 retail licenses. The CCB agenda for the canceled January meeting had just five cultivators, two microbusinesses, three processors, and three retailers set to be approved, making this week’s meeting an enormously different market expansion.


But there are still likely to be hiccups, attorney Neil Willner said after looking at the Friday CCB agenda.


Too close for comfort​


For one thing, although all 38 retailers up for licensure on Friday are from the November 2023 cohort of applicants – which were all required to have retail locations locked down prior to filing their license applications – 13 of them are slated to only be awarded “provisional” licenses, meaning their proposed locations are too close to other legal cannabis shops, violating the setback rules for legal marijuana stores.


Under New York regulations, each dispensary has to be at least 1,000 feet away from another dispensary in any municipality with more than 20,000 residents – including New York City – while dispensaries in towns with less than 20,000 residents must be 2,000 feet apart.


That leaves the 13 provisional retailers with a choice: Either try to find a new site for a dispensary, or wait for the CCB and the Office of Cannabis Management to create an appeals process for licensees to formally request a waiver or exemption from the zoning rules.


The proximity problem is an issue that’s already cropped up in New York, and likely will remain one for a lot of the retailers who are yet to win permits.


“It’s going to be difficult. Real estate has been one of the most difficult issues facing retailers throughout this process,” Willner said. “There is no formal appeals process yet. … As an industry, we don’t know what that’s going to look like.”


The good news, Willner said, is that the 13 will have time to figure it out.


“Because they’re provisional licensees, they’ll have 12 months to find a location, which is certainly more than enough time to try and accomplish both, to start an appeal and to start looking for new property,” he said.


The OCM plans to issue 250 retail licenses and 110 microbusiness permits for the November cohort of applicants, officials announced last month. They plan to award another 450 retail permits for those who applied by Dec. 18, according to court records in one of the lawsuits the OCM has been battling.


The agency received over 4,300 retail applications last year, along with another 1,300 for microbusinesses, about 530 for processors, 365 for cultivators and 350 for distributors, for a total of just under 7,000 business license requests.


As of Feb. 9, there are just 65 legal recreational marijuana retailers operating in New York, according to the OCM.
 

New Yorkers: Speak up about the cannabis program ‘disaster’ at this Friday’s CCB meeting

By
  • Joe Rossi | Park Strategies
This guest column was written by Joe Rossi, the Cannabis Practice Group Leader at Park Strategies
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. The views and opinions expressed in this article are those of the author, and do not necessarily reflect the views or positions of NY Cannabis Insider.

When New Yorkers, from Buffalo to Brooklyn, feel like they are not being treated on the level, they get upset. And that goes for the state’s chief executive, too. Governor Kathy Hochul voiced her displeasure with the New York cannabis program last month, which celebrates its three-year anniversary next month. The governor bluntly said she is fed up with this rollout and called it a “disaster.” And only she can fix it.


I have been outspoken about this “disaster,” and trust me, I am getting sick of myself too at this point. But why do I press on? Because good people across New York State who I have worked with over the last five years are apoplectic about this catastrophe, while also terrified to speak up out of fear of retaliation from the Office of Cannabis Management.


Simply put, as someone eloquently said recently, it is hard to watch dreams unravel. Fears of retaliation have merit, as I had one of the OCM regulators attempt to defame me recently
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. But, I don’t get intimidated easily. If anything, it fires me up.


Since the governor made those truthful comments, it has been unclear what changes will be made to clean up this disaster. Here are some recommendations from the frontlines.


First, instead of certain state regulators using Instagram during the work day, that energy would be better served guaranteeing the recent randomized lottery process was truly unbiased, as it is hard to believe a number of the applicants that applied in the final weeks of the application process are now in the top tier of applications to be reviewed.


Frankly, the November lottery randomized queue is suspect, and something smells fishy. In fact, the lottery is a tough pill for many to swallow. For example, the very first applicant with their own retail dispensary location, who is a social and economic equity applicant, is now ranked in the 1,400s after the state created a Hunger Games-type lottery. This lottery is being used instead of scoring applications based on merit.


Not to mention, the applications for each license type were supposed to be pooled based on the license type sought and SEE certification and further split evenly between New York City and the rest of the state, as the OCM’s Licensing FAQ
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said would happen. That didn’t happen.


And wouldn’t it be more valuable for the OCM Chief Equity Officer to share more about the $5M DASNY opt-out loan program
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for CAURDs that was announced in June 2023, instead of doing a YouTube show stating that “capitalism in this country has a way of ruining everything beautiful
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,” and venting his distaste for consultants. Or he could address the concerns about the OCM/DASNY social equity fund preying on New Yorkers with alleged predatory loans. MRTA sponsor & Assembly Majority Leader Crystal Peoples-Stokes recently said the OCM/DASNY social equity fund’s “rates are a little predatory.
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I think 13% is too much.” Senator Liz Krueger, a fellow MRTA sponsor, has also expressed concerns that the social equity fund is predatory, and she suggested an investigation to look into that. Ultimately, the New York State Comptroller Thomas DiNapoli needs to audit this fund.


Alex Vitale, the author of “The End of Policing,”
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perfectly stated in New York Amsterdam News the solution to NY’s cannabis program disaster. “When you have a legalization regime, like we have — if you make the legalization process too difficult, too expensive, and too restrictive, you risk defeating the purpose, which is to reduce the power of the black market,” said Vitale. “The solution for New York is to get more licenses in the hands of people.”


I will add to that and say, governor, please get rid of this lottery, and issue retail licenses to all New Yorkers with their own locations who do not need the questionable OCM/DASNY loans.


Obviously, we are all thrilled for the 65 legal dispensaries that have opened in New York State (12 of which are delivery only). I pray the owners of these legal dispensaries are overwhelmed with abundant success. But let’s stop ignoring that the state promised 20 dispensaries would open every month in 2023. Sixty-five dispensaries is 27% of last year’s promise. And 65 more illegal dispensaries probably opened since you began reading this.


The New York State Cannabis Control Board is scheduled to hold a public meeting at 11:00 am this Friday at Hudson Valley Community College, Bulmer Telecommunications Center (BTC), Meeting Rooms 1-3, 80 Vandenburgh Ave., Troy, NY, 12180. I will be there with bells on.


Western New Yorkers can join Board Member Adam Perry at 181 Ellicott St., Buffalo, NY, 14203, in a location which you are allowed to access and speak at. Central New Yorkers can join Board Member Jennifer Gilbert Jenkins at SUNY Morrisville, Charlton Hall, Room 104, 80 Eaton St., Morrisville, NY, 13408, which is also a location you can attend and speak from.


To attend the CCB meeting, you must pre-register here
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. Please be sure to sign up to speak so your voice is heard.


If you are unable to attend the meeting, I encourage everyone to email the CCB and urge them to issue retail licenses to every eligible applicant with a legitimate location they control. To email the CCB, please contact these public officials at their public email addresses below:


jessica.garcia@ocm.ny.gov


tremaine.wright@ocm.ny.gov


adam.w.perry@ocm.ny.gov


Hope.Knight@esd.ny.gov


gilberjk@morrisville.edu


See you Friday.
 
"The OCM issued the state’s first recall in December after one of Argie’s products fell 1 milligram below the advertised THC level."

Wow, NY fucking up their cannabis program rollout is just a gift that keeps on giving....sort of like an incurable venereal disease.

FACT....you can't find two testing labs whose numbers agree to within 1 milligram. The test protocols are just not that precise.


Jenny Argie Sues New York's Office of Cannabis Management Over Alleged Retaliation and 'Selective Enforcement'


Person at center of NY Office of Cannabis Management enforcement sues state agency.​


The subject of the state’s first public recall of a cannabis product – who recently made allegations of retaliation and “selective enforcement” against the Office of Cannabis Management – sued the state agency on Wednesday.


Jenny Argie, one of New York’s first licensed cannabis processors, is seeking immediate relief and an injunction in Albany Supreme Court after the OCM pulled her products from shelves and issued a stop-work order at her Hudson Valley facility after finding she used an unauthorized method to make her products.


Argie claims the OCM acted in “retaliatory, arbitrary and capricious” ways, and said her company will go out of business by the end of March if the stop-work order and quarantine on her products are not lifted, according to documents shared with NY Cannabis Insider.


Her attorney, Dean DiPilato, said the OCM retaliated against Argie due to her “vocalizing concerns that impact all New York consumers of adult-use cannabis products.” Argie had previously spoken publicly about New York regulators’ lax approach to rulebreakers in this publication and at a state Senate subcommittee hearing in October.


In civil cases, temporary restraining orders are typically short-term injunctions, granted until the arguments of the case can be heard. They are generally reserved for when a punishment or action jeopardizes a company’s ability to survive until a court date can be set to hear arguments.


“This was never my intention, I’m not a lawsuit kind of person … but I don’t see any other way to make them stop retaliating against people,” said Argie on Thursday.


“I’m completely seized; no cash flow or anything,” she said.


The OCM declined to comment, as is customary for the office regarding pending litigation.


The state agency currently faces multiple lawsuits on both a state and federal level, and Gov. Kathy Hochul recently hinted at a change in leadership when referring to the state’s rollout of the recreational market as a “disaster.”


In a story published on Tuesday, NY Cannabis Insider chronicled Argie’s situation and found it wasn’t unique: over a dozen sources also claimed that the OCM had practiced retaliatory behavior or used fear tactics to prod industry stakeholders to stay quiet or not speak up about problems they saw in the marketplace.


Following that story, Tess Interlicchia, a cannabis cultivator at Grateful Valley Farm and member of the Cannabis Farmers Alliance, shared a survey that showed nearly 80% of all licensed cultivators in the state feel that the OCM and Cannabis Control Board should be audited by a third party.


Over one-third of the respondents also said they wouldn’t reach out to the authorities regarding harm done to them out of fear of repercussions.


A recap of what happened​


The OCM issued the state’s first recall in December after one of Argie’s products fell 1 milligram below the advertised THC level. In paperwork, Argie claims the recall was retaliation for leaking audio from a conversation with OCM Chief Equity Officer Damian Fagon.


The contents of that conversation were published in November.


After running the story, Fagon called a NY Cannabis Insider reporter, yelling, cussing and singling out Jenny by name.


“I know it was Jenny,” Fagon said at the time.


The lawsuit also points to the context surrounding the recall, arguing that the state had many products on shelves that did not meet testing standards – including top-selling brands – that suffered no enforcement.


Those violations were documented by NY Cannabis Insider in a separate investigation.


“If I enforce regulations on licensed operators, I would have to close down half of them,” Fagon said during the call with Argie.


Worried about her reputation, Argie told NY Cannabis Insider in February that she wished to go on the record as the source of the leaked audio.


“It’s tough because I am scared –– but I am more scared not to have integrity and speak my mind,” Argie said at the time. “I am fully aware that after this article comes out I stand to be raided; for more scrutiny to be placed on my product.”


Shortly after NY Cannabis Insider reached out to the OCM requesting a comment, the office issued a surprise inspection at Argie’s facility, quarantining all of her products and issuing a full stop-work order.


The order revolved around Argie’s use of a solvent, or chemical, used to extract THC and other cannabinoids from dried flower. The chemical, R134a, is used in a handful of states, including at a processor in New Jersey – but it’s not approved for use in New York.


In addition to requesting the stop-work order and quarantine be lifted, Argie is asking the court to approve R134a as a solvent for the state’s nascent cannabis market.


The OCM denied Argie’s corrective action plan on Monday, saying she needed to submit additional scientific documentation about the product’s safety before the enforcement action could be lifted.


This despite OCM-issued guidance that holds processors like Argie responsible for deciding whether their products pose a public health risk.


“It is the responsibility of the licensee to consider … any risks to the health of consumers,” reads the agency’s testing guidance.


Additionally, the OCM’s recall of Argie’s products in December concerned a packaging and labeling violation – yet her packaging listed R134a at that time. This raises questions about why the issue was not previously flagged.


The lawsuit also brought forward previously unreported details:


Argie spoke in August with former OCM Chief of Staff and Senior Policy Director Axel Bernabe to provide information regarding large brands skirting regulations, according to the filing.


She also submitted evidence, including photographs and descriptions, to OCM Executive Director Chris Alexander in September of a product purchased at a legal New York dispensary that had California stickers on the label, according to court documents.


Transporting cannabis across state lines is a federal offense.
 
It takes real talent to fuck up a cannabis program rollout as much as NY has done. Fucking up seems to be their superpower.

Scandal Unfolds: NY Cannabis Chief on Leave Amid Retaliation Firestorm


Top state cannabis official Damian Fagon put on administrative leave following NY Cannabis Insider investigation.​


A high level official at the Office of Cannabis Management was placed on administrative leave following a NY Cannabis Insider investigation about allegations of retaliation and selective enforcement on behalf of the state agency.


Damian Fagon, the OCM’s chief equity officer, was placed on leave last week, according to an agency spokesperson.


“As a regulatory body, we take questions about the integrity of our systems seriously,” said OCM Executive Director Chris Alexander in a statement to NY Cannabis Insider.


“To ensure a transparent, thorough investigation into the allegations made, the Office placed Mr. Fagon on leave. We remain committed to building a sustainable, equitable cannabis market and protecting our integrity and credibility during such a pivotal moment for our market. The important work our Social & Economic Equity Team has been doing since the creation of this agency will continue uninterrupted during this time.”


Fagon did not immediately respond to a request for comment.


Fagon’s departure follows a NY Cannabis Insider investigation about Jenny Argie, a Hudson Valley processor who was the subject of the first and only recall in the state.


The OCM issued the state’s first recall in December after one of Argie’s products fell 1 milligram below its advertised THC level. In paperwork filed in court last week, Argie claims the recall was retaliation for leaking audio from a conversation with Fagon.


The contents of that conversation were published in November.


After running that story, Fagon yelled, cursed and singled out Argie by name in a call with a NY Cannabis Insider reporter.


“I know it was Jenny,” Fagon said at the time.


“It’s bittersweet to receive the news that Mr. Fagon has been put on administrative leave,” Argie told NY Cannabis Insider on Sunday. “I’ve only ever asked for a fair playing field to allow small businesses, all social equity applicants and licensees the chance to innovate and shine.”


“I hope those who have been in fear of speaking up, feel they have a voice now. I urge the OCM to work closely with the [Cannabis Control Board] and those of us trying to steer the New York cannabis industry toward a bright and equitable future,” she said.


Argie sued the OCM last week to lift a stop-work-order, which had been placed on her facility earlier this month. The stop-work order came six days after NY Cannabis Insider reached out to the state agency for a comment regarding a three-month investigation into allegations of retaliation.


Argie’s products are currently quarantined and her facility shut down after a second enforcement effort targeted her business –– pausing her cash flow, she said.


In court papers, Argie alleges the enforcement was a heavy-handed response to her going on the record about the December recall.


The processor, who is a cancer survivor and who has championed New York-focused businesses, will go out of business by the end of this month if the penalties are not lifted, she said.


“Fagon deserves the right of due process, and it’s my hope that through this we have all learned a valuable lesson,” said Ruben Lindo, an entrepreneur and founder of multi-state cannabis brand Blak Mar Farms. “That it’s our inherent right as Americans to speak out to government and voice our disapproval of their actions as it affects everyone regardless of race and or creed.


“Unfortunately, Jenny was not afforded the same,” Lindo said.
 

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