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People affected by old laws that criminalized marijuana will be the first to open adult-use cannabis retail businesses under new regulations proposed by the New York State Office of Cannabis Management’s Cannabis Control Board.

The regulations require that the first adult-use retail dispensary licenses be given to a business owned by a person that has been “justice involved,” meaning that either they were convicted of a marijuana-related offense in New York State, or had a parent, legal guardian, child, spouse, dependent or was the dependent of someone who was convicted of a marijuana-related offense in New York State prior to the drug’s decriminalization. The justice involved person must also have operated and had ownership in a successful business in New York for at least two years.

The regulations, which were filed by the Cannabis Control Board by unanimous vote on March 10, are a part of what Gov. Kathy Hochul is calling the ‘Seeding Opportunity Initiative’, where the early investments of New York’s adult-use cannabis businesses will be in communities most impacted by the enforcement of cannabis possession laws, which studies show were racially biased against Black people in the United States.

“New York State is making history, launching a first-of-its-kind approach to the cannabis industry that takes a major step forward in righting the wrongs of the past,” Hochul said in a statement last week. “The regulations advanced by the Cannabis Control Board today will prioritize local farmers and entrepreneurs, creating jobs and opportunity for communities that have been left out and left behind. I’m proud New York will be a national model for the safe, equitable and inclusive industry we are now building.”

The applicant may also be a nonprofit, 501(c)(3) organization that has operated a social enterprise that has intentionally served justice involving individuals and communities with a history of high rates of marijuana-related law enforcement activity.

The application period for these “conditional” licenses will open in the summer of this year and last for two years. The first licenses are expected to be distributed in the late summer or early fall of this year, according to Hochul’s press release.

The regulations also allow the Office of Cannabis Management to define a specific geographic area for the scoring of applicants, giving them the power to limit the amount of licenses they give to a particular region.

The regulations also outline when an application can be denied. This includes if the applicant does not abide by restrictions outlined in the Marihuana Regulation and Taxation Act, which prohibits that a licensee cannot sell alcoholic beverages on the same property and cannot be an interested party of a cannabis cultivator or distributor.

Hochul’s 2023 proposed budget calls for a $200 million program to make funding available for the first adult-use retail dispensaries. The proposal would also direct the state dormitory authority to provide support to the business’ dispensary site with leasing and construction services.

During their meeting, the Cannabis Control Board also approved the application form for a conditional adult-use cultivator license for eligible New York cannabinoid hemp farmers. The application is open online. The period to apply for the license opened on March 15 and will end on June 30.

The public has 60 days after the publication of notice of the regulation in the State Register to comment on the proposal through email or written letter to the Office of Cannabis Management. 

Riverhead Town has held two advisory forums so far in the quest to establish time, place and manner restrictions for adult-use cannabis in its bounds. Regulations will be drafted for approval by the town marijauna advisory committee, and then ultimately codified by the vote of the Riverhead Town Board. 

Read more about the forum’s first and second meetings:

Getting ready for legal weed in Riverhead: Advisory committee considers restrictions
Marijuana forum comes to a consensus on time restrictions

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Alek Lewis is a lifelong Riverhead resident. He joined RiverheadLOCAL in May 2021 after graduating from Stony Brook University’s School of Communication and Journalism. Previously, he served as news editor of Stony Brook’s student newspaper, The Statesman, and was a member of the campus’s chapter of the Society of Professional Journalists. Send news tips and email him at alek@riverheadlocal.com