New York’s First Woman-Owned Dispensary Opens Tomorrow

Called “Good Grades,” the dispensary will also be the first legal cannabis store in the New York City borough of Queens. 

“With the opening of Good Grades in Queens, we’re continuing to build on our progress to create a safe, regulated cannabis industry in New York,” New York Gov. Kathy Hochul said in a press release on Monday. “New York is working to support entrepreneurs and ensure that consumers can purchase safe, legal products while supporting their communities.”

Hochul, the state’s first woman governor, has overseen the launch of the state’s regulated cannabis market. Her predecessor, former New York Gov. Andrew Cuomo, signed the bill legalizing recreational marijuana in 2021. 

The state formally launched the new marijuana market late last year with the opening of a dispensary in the East Village neighborhood of Manhattan. 

Good Grades will open this week as a “pop-up” store, according to the governor’s press release, and the business is supported by the New York State Social Equity Cannabis Investment Fund, which was a part of Hochul’s 2022-23 budget.

The fund “is a public-private limited partnership that will be formed to position social equity entrepreneurs to succeed in New York’s newly created adult use cannabis industry,” Hochul’s office says, and “will allow the state to invest in a private fund to finance the leasing and equipping of up to 150 conditional adult-use retail dispensaries in New York State to be operated by individuals who have been impacted by the inequitable enforcement of marijuana laws.”

The governor’s office said that, like other dispensaries backed by the fund, Good Grades opening as a pop-up presents “the opportunity to open on a short-term basis to fast-track sales, provide training opportunities for employees and start generating capital for their businesses.”

“After, they will close for final construction and then re-open on a long-term basis,” according to this week’s press release.

“I am thrilled to be opening the doors of Good Grades, the very first dispensary in Queens, New York,” said Good Grades owner Extasy James. 

“We are incredibly passionate about providing greater access to cannabis and breaking down the barriers that prevent so many people, especially those from marginalized communities, from experiencing the benefits of this amazing plant. We understand firsthand the stigma that has been attached to cannabis for far too long, and we are eager to join the thriving cannabis community to help change that. Our dispensary is a welcoming and inclusive space where anyone can come to learn, explore, and find the products that are best suited to their unique needs.”

New York City opened its third legal dispensary last month––not to be confused with the illicit cannabis retailers that have blanketed all five boroughs in the last two years. 

The first dispensary outside of NYC also opened to customers last month.

Earlier this month, the state announced that it would double the number of cannabis retailer licenses, and will now award 300 instead of the originally planned 150.

“With this expansion, more entrepreneurs will be able to participate in the first wave of this industry, allowing them to capitalize on the growing demand for cannabis products,” said Tremaine Wright, chair of the New York Cannabis Control Board. “As more businesses enter this market, the innovation and competition will increase, leading to better quality experiences for consumers. The expansion of New York’s cannabis market will benefit everyone involved in this exciting industry.” 

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Montana GOP Lawmaker Wants To Eliminate Recreational Dispensaries

More than two years after voters approved a measure legalizing recreational cannabis, and more than a year after the launch of the state’s regulated marijuana market, a Montana lawmaker wants to undo all of that. 

Last week, Republican state Sen. Keith Regier introduced a bill that includes a slate of reforms to Montana’s cannabis policy, most notably “eliminating adult-use dispensaries.” 

According to Montana Free Press, the bill “additionally raises the state tax on medical marijuana from 4% to 20% and puts significant limits on medical marijuana potency and allowable amounts for possession,” and although it would once again prohibit recreational cannabis, it would not “re-criminalize marijuana possession for adults.”

Regier’s bill states plainly its objective: “reduce the demand for marijuana sales.”

Montana Free Press has more background on the proposal:

“If passed into law, the bill would drastically reduce the potential consumer base for existing marijuana businesses and eliminate a significant source of revenue for state coffers. Since adult-use sales began in January 2022, Montana has generated $54 million in tax revenue from the industry. Less than one-tenth of that revenue came from medical marijuana taxes. Currently, recreational customers pay a 20% tax to the state; some counties add an additional 3% local tax.

The outlet reported that the bill will be the subject of a hearing on Wednesday in the Senate Business, Labor and Economic Affairs Committee.

Nearly 57% of Montana voters approved Initiative 190 in 2020, which legalized marijuana for adults aged 21 and older, and also laid the groundwork for cannabis sales to be taxed. 

Recreational cannabis sales launched last year, bringing in more than $200 million to the state in 2022.

According to the state, recreational marijuana sales amounted to $202,947,328 in 2022, while medical cannabis sales totaled $93,616,551. (Voters in Montana legalized medical marijuana treatment in 2004.)

The two combined to generate a grand total of $303,563,879 in marijuana sales last year. 

Montana generated $41,989,466 in tax revenue off recreational pot sales, according to the Department of Revenue, and $3,744,662 in taxes from medical cannabis sales. Combined, the state pulled in $45,734,128 in tax revenue from marijuana sales in 2022.

Marijuana reform has been a hot topic in Montana’s legislative session this year. 

Earlier this month, the Business and Labor Committee “heard testimony on two marijuana-related bills,” according to local news station KTVH –– one of which “would prohibit marijuana businesses in Montana from promoting their business or brand in print, over TV and radio or using a billboard,” while the other “would revise the required warning labels that marijuana businesses must put on their products, to say that marijuana use during pregnancy could result in ‘congenital anomalies, and inherited cancers developed by a child later in life.’”

The station reported that the proposed ban on advertising “drew opposition from marijuana businesses and from the Montana Newspaper Association,” with opponents saying that “most people in the industry have gone to great lengths to make sure their advertising follows the current rules, and most of the issues people are concerned about have come from a few bad actors.”

There have been debates over other cannabis bills, too, including one that “would require marijuana growers and manufacturers of marijuana products to install air filtration systems to address concerns about odor,” according to KTVH, as well as several proposed bills to change how the state distributes the marijuana tax revenue.

“In particular, they propose removing a section in state law that directs a percentage of taxes from marijuana sales toward Habitat Montana – a program that uses state funds for wildlife habitat conservation projects. Gov. Greg Gianforte has said the program has more than enough funding and no longer needs the marijuana revenue,” the station reported.

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New York Governor Unveils Plan To Address Illicit Pot Shops

New York Governor Kathy Hochul on Wednesday unveiled new legislation to combat the state’s persistent illicit cannabis operators. The bill, which already has the support of dozens of lawmakers in the New York Senate and State Assembly, also provides increased authority for regulators including the Office of Cannabis Management and the Department of Taxation and Finance to enforce regulations and close stores engaged in illegal cannabis sales.

“Over the past several weeks I have been working with the legislature on new legislation to improve New York’s regulatory structure for cannabis products,” Hochul said in a statement from the governor’s office. “The continued existence of illegal dispensaries is unacceptable, and we need additional enforcement tools to protect New Yorkers from dangerous products and support our equity initiatives.”

New York Legalized Recreational Weed In 2021

New York legalized adult-use cannabis in 2021 and the first recreational marijuana dispensary opened its doors in Manhattan late last year. But so far, only four Conditional Adult Use Retail Dispensary (CAURD) retailers have opened statewide. Meanwhile, the number of unlicensed pot shops has skyrocketed, prompting operators in the nascent licensed cannabis industry and others to press state officials for action against illicit operators.

Under the proposed legislation announced by Hochul on Wednesday, New York’s tax and cannabis laws would be amended to enable the Office of Cannabis Management (OCM), the Department of Taxation and Finance (DTF) and local law enforcement agencies to enforce restrictions on unlicensed storefront dispensaries. The legislation does not impose new penalties for cannabis possession for personal use by an individual and does not allow local law enforcement officers to perform marijuana enforcement actions against individuals.

“This legislation, for the first time, would allow OCM and DTF to crack down on unlicensed activity, protect New Yorkers, and ensure the success of new cannabis businesses in New York,” the governor’s office wrote. “The legislation would restructure current illicit cannabis penalties to give DTF peace officers enforcement authority, create a manageable, credible, fair enforcement system, and would impose new penalties for retailers that evade State cannabis taxes.”

The bill clarifies and expands the OCM’s authority to seize illicit cannabis products, establishes summary procedures for the OCM and other governmental entities to shut down unlicensed businesses, and creates a framework for more effective cooperative efforts among agencies. 

Violations of the law could lead to fines of $200,000 for illicit cannabis plants or products. The legislation also allows the OCM to fine businesses up to $10,000 per day for engaging in cannabis sales without a license from the state.

Elliot Choi, chief knowledge officer at the cannabis and psychedelics law firm Vicente LLP, hailed the use of financial penalties instead of jail time to help reign in New York’s illicit cannabis market. 

“Governor Hochul’s proposed legislation is very much welcomed as prior efforts to combat the illicit dispensaries haven’t appeared to have much of an impact,” Choi wrote in an email to High Times. “We support the use of fines as opposed to incarceration to avoid recriminalization and a return of anything that resembles the prior failed war on drugs.” 

In addition to fines for unlicensed cannabis operators, Choi said that penalizing property owners who rent to unlicensed businesses would also be an appropriate tool for the state’s cannabis regulators and called for an increase in funding for state agencies tasked with controlling underground operators.

“Landlords should not have any incentives to rent to illegal operators and should be financially punished for doing so,” said Choi. “Finally, both the OCM and the Department of Taxation and Finance need additional resources to enforce as the OCM already has enough on their plate getting the regulations finalized and corresponding licenses issued in a timely fashion.”

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New Lawsuit Against New York Cannabis Agency Filed

The New York-based Coalition for Access to Regulated & Safe Cannabis (CARSC) recently filed a lawsuit against the Office of Cannabis Management (OCM) on March 16. CARSC is an “unincorporated trade association” that includes a handful of organizations, including Acreage Holdings, PharmaCann, Green Thumb Industries, and Curaleaf, all of which sought to apply for a dispensary license in New York.

The lawsuit is requesting a judge to declare Conditional Adult-Use Retail Dispensary (CAURD) as unconstitutional, and state that the OCM and Cannabis Control Board (CCB) have overstepped their authority.

The lawsuit was filed with the Albany County Supreme Court by Feuerstein Kulick, claiming that the 2021 Marijuana Regulation and Taxation Act required both the OCM and CCB “the initial adult-use retail dispensary license application period … for all applicants at the same time.” Both agencies made the CAURD, which created a new license class, and allowed specific groups to apply for it, rather than “all applicants.”

“Rather than perform the tasks required by the MRTA—which would promote a safe and regulated cannabis industry for medical patients and adult-use consumers alike—CCB and OCM have improperly assumed the role of the Legislature to impose their own policies over those of New York’s elected officials and, by extension, their constituents,” the lawsuit states, according to Syracuse.com.

The lawsuit alleges that the CCB and OCM didn’t complete the requirements of the MRTA, and instead abused its power to create the CAURD. CAURD originated from New York Gov. Kathy Hochul’s Seeding Opportunity Initiative that was announced in March 2022, which “position individuals with prior cannabis-related criminal offenses” to earn one of 150 licenses, and an additional 25 to nonprofit organizations. It requires that an applicant must have been convicted of a cannabis crime in the state of New York, and also must have a “significant presence.”

The lawsuit alleges that a 20-month delay in proposed cannabis regulations is a violation of state law, among other evidence, including having cultivators grow thousands of pounds of cannabis without having retail businesses set up to sell it all.

In July 2022, OCM Executive Director Chris Alexander spoke with NY Cannabis Insider about the threat of a lawsuit such as this one. “I don’t have a concern about the challenge towards the retail opportunity, because the board has the power to create additional licenses,” Alexander said. “We think about legal challenges that may come to the program, but that’s why we stay as close to the law and the powers that law has given us as possible.”

One month before the CAURD application window ended in October 2022, a different lawsuit was filed that prevented the OCM from issuing licenses in five out of 14 areas: Finger Lakes, Central New York, Western New York, Mid-Hudson, and Brooklyn. The lawsuit alleges that CAURD violates the Dormant Commerce Clause, which “refers to the prohibition, implicit in the Commerce Clause, against states passing legislation that discriminates against or excessively burdens interstate commerce.”

Another lawsuit filed by Variscite NY One, a Michigan-based company, was denied a license because it is 51% owned by an individual who has no “significant presence” in New York, and has a cannabis conviction in Michigan, not New York.

Syracuse.com states that 66 CAURD licenses have been issued so far, with the CCB announcing in March that it plans to increase the pool of licenses to 300. 

Sen. Jeremy Cooney, who co-sponsored the MRTA, addressed the concerns of the lawsuit in a statement to NY Cannabis Insider. “When we passed the MRTA, there was an understanding that the rollout of adult-use recreational cannabis and expansion of New York’s medical cannabis program would be complex, and encounter obstacles,” Cooney said. “While a potential lawsuit is undoubtedly a new challenge, we must not allow it to become a roadblock to progress. We must continue our efforts to deliver for operators, patients, and consumers as the legal process unfolds. We are committed to increasing patient access for the medical program and creating equity in the recreational market.”

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New Jersey Cultivation Cap Expired, But Real Estate Issues Remain

New Jersey’s cannabis legalization law initially went into effect in 2021 with a cultivator cap set at 37 licenses. Adult-use sales launched in April 2022, but at the time only seven cultivators were licensed to supply cannabis 13 dispensaries across the state. Last month, the Cannabis Regulatory Commission (CRC) allowed the cap to expire on Feb. 22.

“The market is developing, and we don’t want to hinder that. The New Jersey canopy is currently only 418,000 square feet—far below the average of other states with legal cannabis,” said Commissioner Maria Del Cid-Kosso. “New Jersey currently has only one cultivation license for every 197,000 residents. The national average is one license for every 31,000 residents. We have a lot of room to grow. We expect that lifting the cap will open the space for more cultivators, ultimately resulting in more favorable pricing and better access for patients and other consumers.”

As of March 2, the CRC has granted licenses to 17 operational cultivation facilities. But even with the cultivation license cap change, many New Jersey municipalities have opted out of adult-use cannabis. One year ago, the Ashbury Park Press reported that nearly 400 towns had opted out of being home to any cannabis businesses. The co-founder and president of New Jersey-based Premium Genetics, Darrin Chandler Jr., told MJBizDaily that finding potential real estate opportunities is “almost impossible,” and described prices as “astronomical.”

On the patient side, New Jersey is still the only state with a medical cannabis program that does not allow patients to grow at home. In the past, many bills have been introduced to permit home cultivation to allow medical cannabis patients to grow for personal use. Bill S342, which is sponsored by Sen. Troy Singleton and Sen. Vin Gopal, would allow patients to cultivate at home. However, a report from Politico states that opposition from Senate President Nick Scutari is a significant roadblock for the bill.

New Jersey’s industry is continuing to attract outside cannabis businesses. Brands such as Al Harrington’s Viola products are expanding into the state this month, starting on March 24 at RISE dispensaries. According to Harrington, he wants to expand his brand to support the local community. “I want to make sure that we are educating our community and empowering them with knowledge to understand the cannabis plant and the benefits that come from it,” Harrington told Business Insider.

Similarly, Raekwon of Wu-Tang Clan is preparing to open Hashtoria Cannabis Lounge in Newark, New Jersey as well. “Getting excited yall!!! @hashstoria coming to the brick city !!!!! This is going to be flyest consumption lounge to hit the east coast. This will be monumental ! All hail to the mighty green ! Be strong, be wise and be the best version of you!!! #newjersey #cannabis #hashstoria” Raekwon recently wrote on Instagram.

Recently, the CRC held a public comment period to discuss its draft rules for cannabis consumption rules, which ends on March 18. This includes restrictions for on-site food sales, but permits food to be delivered or brought in from outside, and prohibition of tobacco and alcohol sales on-site.

In late February, the New Jersey Attorney General released an updated drug testing policy for law enforcement. Under the new revision, law enforcement officers will only be drug tested if they appear intoxicated at work. “Agencies must undertake drug testing when there is reasonable suspicion to believe a law enforcement officer is engaged in the illegal use of a controlled dangerous substance, or is under the influence of a controlled dangerous substance, including unregulated marijuana, or cannabis during work hours.”

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Cannabis Recession 2023

Is a 2023 cannabis recession inevitable? While an economic downturn is inevitable, how the cannabis industry weathers the storm remains to be seen.  For sure, saturated retail markets will feel the hit as consumers cut back or make more discerning purchases. And large-scale industrial grows that have been more about selling equity than weed will feel the impact.  But why? Why has the value of cannabis stocks been removed from fundamentals? Why are small cannabis business owners – through no […]

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Slow Pace of Dispensary Openings Leaves Fresno, CA. with Budget Shortfall

The slow pace of retail cannabis dispensary openings in Fresno, California has led to a budget shortfall of more than $3 million for 2023, prompting city leaders to consider changes to expedite the process to get the businesses up and running. 

California voters legalized cannabis for adults in 2016 with the passage of Proposition 64, a ballot measure that passed with more than 57% of the vote. Two years later, Fresno voters approved an ordinance to tax retail sales of recreational marijuana, setting the stage for adult-use cannabis dispensaries to open in the city. 

In 2019, the Fresno City Council amended civic ordinances to regulate recreational cannabis, and in 2021 the city began awarding the first of 19 preliminary retail cannabis dispensary licenses issued to date. But more than a year later, only two recreational marijuana retailers have opened in Fresno, a pace that is wreaking havoc with the city’s budget projections.

The city budget approved for 2023 projected that cannabis taxes and fees would generate $5.37 million in revenue for the city’s coffers. But with only two dispensaries open for business so far, the city is now projecting the cannabis tax revenue to be $2,113,100, a deficit of more than $3 million. Councilmember Nelson Esparza said that the situation is “insanity.”

“We keep over-projecting cannabis every fiscal year,” Esparza said.

Only Two Dispensaries Open So Far in Fresno

The dispensaries that have opened in Fresno, Embarc and The Artist Tree, began serving recreational marijuana customers on the same day in July 2022. The remaining 17 businesses awarded preliminary licenses have submitted their applications for conditional use permits (CUPs), which must be approved before building permits are issued and construction or renovations of the site can begin. So far, 13 of the 17 pending CPU applications have been approved, and new dispensaries could open as soon as May of this year. 

Sontaya Rose, Fresno’s director of communications, noted that the timeline for construction and opening the dispensaries is controlled by the business owners, not the city.

“So, we can’t say for sure,” Rose said in an email to The Fresno Bee.

“Overall, it is taking longer for the sites to open than was originally anticipated.”

City leaders and business owners in the cannabis industry cite several reasons for the slow pace of dispensary openings. Several of the coming dispensaries will be located in old buildings that require extensive renovations before they can open and begin serving customers, according to the city. Others have had to make accommodations for their landlords, including waiting for current tenants to vacate the building so renovations on the site can begin.

Lauren Carpenter, the CEO of Embarq, which has received preliminary approval for two cannabis dispensaries in Fresno, says that her company has experienced delays at both of the locations. The company is “working expeditiously to open our second location later this year,” Carpenter said.

“A variety of factors influenced the timing” of the first and second location, she added, “including site conditions, driving duration of build out and the speed in which tenants were able to vacate the premises.”

“Fortunately, our first location affords us the ability to serve Fresnans while training our team to become leaders in our second,” said Carpenter.

Lauren Fontein, founder of The Artist Tree, said that the state of California’s regulated cannabis industry is also influencing the opening of new businesses. Wholesale prices for cannabis have plummeted in the state, squeezing profit margins throughout the supply chain. High taxes and licensing fees for cannabis businesses also take a hefty bite out of the bottom. Many companies are struggling, and some have had to lay off workers to stay afloat.

“There’s much less an appetite for investing in the cannabis industry,” Fontein said. “It’s not this kind of cash cow business that people thought it was.”

Civic leaders in Fresno have looked to several jurisdictions for possible solutions and are considering several options to expedite the opening of additional adult-use cannabis retailers in the city. In West Hollywood, the city council amended its cannabis ordinance so more licenses could be issued, while Riverside conducted an additional round of licensing to add to the city’s roster of cannabis dispensaries. Fontein said that Fresno is considering adding deadlines to its ordinance to encourage a quicker opening of new dispensaries.

“The city just kind of needs to get practical at this point,” she said.

But the city has few options. While businesses are given a one-year deadline to submit CUP applications, the city ordinance does not have provisions that set a timeline for dispensaries to open for business.

Rose wrote in an email to the Fresno Bee that the city manager’s office is working with the staff at the city attorney’s office “to determine options for establishing additional deadlines for applicants to make progress towards opening.” But she was unable to offer a timeline to get the businesses up and running.

Until that happens, Fresno will continue to see a shortfall in projected cannabis tax revenues that could impact the city’s ability to provide services. 

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Ohio Cannabis Industry Announces Opposition to Medical Weed Revamp Bill

A group of medicinal cannabis operators and advocates in Ohio have joined forces in “strong opposition” to a bill that would dramatically alter the state’s medical marijuana program. The measure, Senate Bill 9 (SB 9), was introduced by state Senators Steve Huffman and Kirk Schuring on January 11.

The bill aims to update Ohio’s medical marijuana law, which was passed by the state legislature and signed into law in 2016. But this week, the Ohio Medical Cannabis Industry Association (OMCIA) came out against SB 9, saying that the increase in medical marijuana dispensaries and cannabis cultivation space included in the measure would lead to an oversaturation of supply that could cripple the industry.

“SB 9 punishes companies like mine that have invested hundreds of millions of development dollars into our state,” Daniel Kessler, co-owner and CEO of medical marijuana cultivator and processor Rivera Creek said in a statement from the OMCIA. “Instead of reducing bureaucracy, this bill does the opposite by adding an additional level of oversight in the form of a commission of lifetime political appointees.”

The group says that the bill would add an additional two million square feet of medical cannabis cultivation space and add more than 60 new medical marijuana dispensary licenses to the 130 permits already issued. The legislation also adds cultivation licenses for some independent cannabis processors, as well as processing licenses for level 2 cultivators. 

“What we’ve found is that many of the growers want to expand and grow more,” Huffman said when the legislation was introduced earlier this year. “There’s more growers, there’s more demand. They put an application into the Department of Commerce, and it sits there for 18 months, two years. Hopefully this takes the bureaucracy out of this and streamlines things and make it a better-functioning industry.”

Ohio Group Says Increased Capacity Unnecessary

But the OMCIA says that the increased production capacity would come at a time when “many current cultivators have scaled back their production by 30% – 50% and are not operating at full capacity.” The group also noted that Ohio’s current medical marijuana program regulations already have provisions allowing current operators to expand their operations as the market grows. 

“We are opposed to the massive expansion outlined in SB 9 because it lacks the data justifying that such an expansion is needed,” said Bryan Murray, executive vice president of government relations at multistate cannabis operator Acreage Holdings. “The negative impact of oversupply in markets across the nation cannot be overstated – and opening the floodgates in contradiction to market realities would be detrimental to the industry in Ohio.”

Kessler added that “the expansion measures in the bill would add immense supply to an already over-supplied market. Despite my company’s high-quality product reputation, we currently have hundreds of pounds of product in our inventory that we cannot sell. Even at wholesale pricing, the demand is not there. If the bill passes in its current state, it is likely that the industry will crumble, and the only winner will be the illegal illicit market.”

The bill creates a new state agency within the Ohio Department of Commerce, the Division of Marijuana Control, to regulate the state’s medical marijuana program. The legislation also creates a 13-member commission responsible for oversight of the new agency and the medical program. Under current law, the state’s medical marijuana program is overseen by the Ohio Department of Commerce, the State Medical Board of Ohio and the Ohio Board of Pharmacy. 

Senate Bill 9 would also add autism spectrum disorder, arthritis, migraines, chronic muscle spasms and opioid use disorder to the state’s list of medical conditions that qualify a patient to use cannabis medicinally. Currently, the list of qualifying conditions includes more than two dozen serious medical conditions including cancer, chronic pain, AIDS, Parkinson’s disease, PTSD and terminal illnesses. The measure also allows medical marijuana use by patients who have other debilitating medical conditions that can be treated with medicinal cannabis, as determined by their physician.

The OMCIA notes that the number of participants in Ohio’s medical marijuana program “has remained stagnant at an average of 163,000 active patients” and argues that adding more production and retail capacity is not needed. Instead, the group called for several changes to make medical marijuana accessible to more patients.

“Ohio’s stagnant patient base does not warrant SB 9’s additional licensure and expansion of cultivation space,” said Matt Close, executive director of OMCIA. “The last thing we need is more supply. Instead, legislation should focus on addressing our industry’s most significant challenge: excessive barriers to patient participation.”

The OMCIA recommends adding anxiety, insomnia and depression as qualifying conditions for the program and for annual medical marijuana identification card fees to be reduced or eliminated. The trade group is also calling for medical marijuana recommendations to be valid for three years instead of the current one year and for patients with incurable conditions to be granted lifelong approval. 

Further recommendations from the group include eliminating state, county and local taxes on medical marijuana purchases, employment protections for medical marijuana cardholders and a prohibition on intoxicating hemp cannabinoids such as delta-8 THC from being sold outside the state’s regulated medical marijuana program.

SB 9 is currently under consideration by the Senate General Government Committee, with a hearing on the legislation scheduled for this week.

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New York Will Double Number of Cannabis Retailer Licenses

Regulators in New York announced this week that the state would double the number of cannabis retailer licenses, bringing the total number of Conditional Adult-Use Retail Dispensary (CAURD) Licenses for recreational marijuana dispensaries to 300 instead of the 150 originally planned. The new licenses, which will be selected from an existing pool of qualified business applicants, will be issued proportionally throughout New York, doubling the number of licenses in each of 14 regions of the state.

In a statement released on Tuesday, the Cannabis Control Board and the Office of Cannabis Management announced that increasing the number of licenses “will further advance New York State’s Seeding Opportunity Initiative, which provides for the state’s first legal adult-use retail dispensaries to be operated by those most impacted by the prohibition of cannabis or by nonprofit organizations whose services include support for the formerly incarcerated.”

“With this expansion, more entrepreneurs will be able to participate in the first wave of this industry, allowing them to capitalize on the growing demand for cannabis products,” said Tremaine Wright, chair of the Cannabis Control Board. “As more businesses enter this market, the innovation and competition will increase, leading to better quality experiences for consumers. The expansion of New York’s cannabis market will benefit everyone involved in this exciting industry.” 

New York’s Office of Cannabis Management (OCM) received about 900 applications for CAURD licenses from prospective business owners. To date, the Cannabis Control Board has issued 66 provisional CAURD licenses, with the first shop opening in late December. In April, the OCM will make recommendations to the board on the majority of the remaining applications in the areas of the state not impacted by a November court injunction blocking the agency from awarding retail dispensary licenses in five regions of the state.

$200 Million Fund To Support New York Licensees

The CAURD program, which provides licenses to justice-involved individuals, initially allowed for up to 150 businesses to receive a provisional CAURD license. This effort was enhanced through the creation of the New York State Social Equity Cannabis Fund, a $200 million public-private partnership providing renovated, ready-to-open retail locations to the 150 licensees. The OCM characterized the fund as a first-of-its-kind effort in the nation designed to help reduce the barriers independent entrepreneurs face in raising capital to launch a business in the cannabis industry.

“Doubling the amount of available Conditional Adult-Use Dispensary Licenses will help kickstart the growth of New York’s cannabis industry,” said Damian Fagon, the OCM’s chief equity officer. “More stores means more locations for New York farmers to sell their harvests, more convenience for New York customers to make the right decisions and purchase safer and legal products, and twice as many opportunities for New Yorkers harmed by over-policing during cannabis prohibition.”

In December, the OCM announced that CAURD licensees would also be allowed to secure their own business locations without seeking support from the social equity fund, potentially freeing up resources for some of the newly authorized CAURD licenses announced today. The initial 150 approved CAURD licensees will be prioritized to receive resources if they choose a location supported by the fund. Applicants chosen for the additional 150 CAURD licenses announced this week will be given access to any remaining fund resources.

“New York is doing something special when it comes to launching our cannabis industry, and now we’re doubling the impact of our Conditional Adult-Use Retail Dispensary program,” said Chris Alexander, executive director of the Office of Cannabis Management. “It’s been truly exciting to see the positive energy around our efforts to support entrepreneurs who previously suffered at the hands of New York State. We will continue creating real opportunities for qualified applicants who’ve been shut out from legal cannabis markets across the country.” 

Michelle Bodian, a partner at the cannabis and psychedelics law firm Vicente LLP, said that Thursday’s announcement offers new opportunities for entrepreneurs eager to enter New York’s cannabis industry.

“Doubling the number of available CAURD licenses drastically changes the calculus for hopeful CAURD applicants,” Bodian wrote in an email to High Times. “As only a limited number of licenses have been awarded to date, this expansion provides a huge first mover advantage for the remaining approximate 230 licenses to be awarded.”

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Cannabis Lounge Planned for Atlantic City Hotel

Visitors to Atlantic City could have the convenience of a cannabis dispensary and consumption lounge located just off the famed Boardwalk as soon as this summer under plans being considered for one of the city’s vintage hotels. If approved by regulators, the proposal would add a lounge permitting on-site consumption of cannabis products to a retail marijuana dispensary already planned for the Claridge Hotel, a 1920s-era former casino only steps from the Boardwalk.

New Jersey state regulators are currently in the process of developing the rules to govern cannabis lounges where patrons can legally smoke, vape, or otherwise consume cannabis in a public setting. The eventual approval of the proposed regulations is highly anticipated by the state’s nascent cannabis industry, with entrepreneurs including Raekwon of Wu-Tang Clan fame already announcing plans to open weed lounges.

Dispensary and Lounge Approved by Local Regulators

In Atlantic City, the Casino Reinvestment Development Authority last week approved plans to open the High Rollers Dispensary in the former casino area of the Claridge Hotel, which is located just off the Boardwalk between Park Place and Indiana Avenue. Jon Cohn, an owner of the business, told local media that High Rollers is close to finalizing a lease for the Claridge. The plans include a $3.2 million renovation of the property, which would add a new entrance to the building on Pacific Avenue near Indiana Avenue. 

The planned dispensary will occupy most of an area that was once an art gallery and is now mostly used for weddings, cocktail parties, and other events. The hotel plans to retain a portion of the space for its popular wedding business. In addition to the new entrance, the dispensary and lounge will also be accessible through the Claridge’s lobby, except when the hotel is hosting weddings at the site.

The High Rollers portion of the space, including a 3,700-square-foot baccarat room on the second floor, will be remodeled into a cannabis dispensary and consumption lounge. Plans for the consumption lounge include a bar for nonalcoholic beverages to comply with New Jersey’s proposed regulations for the businesses, which do not permit alcohol or food to be sold in consumption lounges. Other possible amenities for the site, which could be open as soon as this summer, include live entertainment and opportunities for outside food vendors. 

High Rollers has also been awarded a license for a cannabis cultivation facility on a vacant property in Atlantic City on Martin Luther King Boulevard near Arctic Avenue. The company expects to create more than 200 jobs to operate the enterprise, with about 175 positions needed for the cultivation facility and a staff of about 35 to run the cannabis dispensary and cultivation lounge.

“We feel it’s a good fit for the city as a whole, to utilize cannabis for tourism,” said Cohn. “You can’t be on the Boardwalk, but it’s relatively close.”

Atlantic City Has Weed ‘Green Zone’

New Jersey legalized recreational marijuana in 2021, and the state now has 21 dispensaries offering adult-use cannabis to consumers. Last year, Atlantic City established a “green zone” to attract cannabis businesses to the city’s struggling downtown area. The zone includes Atlantic Avenue and Pacific Avenue from Boston Avenue to Maryland Avenue, as well as the Orange Loop District, an area of bars, restaurants, and live entertainment stretching from Tennessee Avenue and New York Avenue from Pacific Avenue to 200 feet from the Boardwalk. Permitted cannabis uses within the zone will include cultivation, manufacturing, wholesaling, distribution, retail, and delivery. 

The Atlantic City Boardwalk itself, however, has restrictions against cannabis businesses. The restrictions do not apply to the Claridge Hotel, which is separated from the Boardwalk by Brighton Park and the city’s Korean War Memorial. Atlantic City also has two medical marijuana dispensaries, The Botanist and MPX NJ.

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