Vicente LLP New York Tri-State Update: August 2023
Aug 17, 2023
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Each month Vicente LLP highlights notable cannabis information from New York, New Jersey and Connecticut.
New York News & Highlights
A lawsuit has been filed seeking a freeze on the Conditional Adult-Use Retail Dispensary (CAURD) program.
The plaintiffs are veterans who are arguing all protected classes should have been awarded priority in the licensing process based on the language in MRTA and that the issuance of CAURD licenses was in violation of the law. They were seeking a temporary restraining order (TRO) and an injunction to stop the OCM from awarding or further processing any more CAURD licenses.
As of August 7, 2023, a TRO is in place restraining OCM and CCB from awarding or further processing any more CAURD licenses and/or conferring operational approval upon any more provisional or existing CAURD licensees pending further order from the Court. The next hearing is scheduled for August 25, 2023. Read the complaint.
New York has announced the Cannabis Growers Showcase Program – the first initiative in the nation that allows licensed sales outside of dispensaries. This provides more opportunities for cultivators to sell their product and broader access for consumers who may not have a licensed dispensary in their area. The first showcase period will take place in New Paltz on Thursdays, Fridays, and Saturdays from August 10 – December 30.
New York Regulations & Policies
The Office of Cannabis Management published educational materials in Spanish on its website
New York Regulatory Meetings
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The Cannabis Control Board (CCB) does not have a meeting scheduled for August. It is rumored that they will not meet until September.
The CCB met on July 19, 2023. See the press release from this meeting here. The recording may be viewed here. Meeting highlights include:
You can follow OCM and the CCB’s day-to-day activities on their Instagram account @nys_cannabis.
New York Events
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The Official New York Dispensary Showroom Tour
Vicente LLP has joined forces with The Bronx Community Foundation, Dutchie, Temeka, KayaPush, and Cannabis Workforce Initiative, and other cannabis industry organizations for The Official Dispensary Showroom Tour this summer.
Next Stop: Syracuse, September 1-2. Save the date!
This free event will highlight a fully compliant mock adult-use dispensary that is designed to meet all of New York's regulations. You will get to see, touch, and experience a fully compliant dispensary and what it takes to operate in this industry.
The Official Dispensary Showroom Tour Dates
- Syracuse: Sept 1-2 (w/ The Higher Calling)
- Mid-Hudson: Sept 21-22 (w/ Hudson Valley Cannabis Industry Association and Dutchess Community College)
- Queens: October 20-21 (w/ Erica Ford)
- The Bronx: Dispensary Showroom Wrap-Up Event: Oct. 27th (w/ Beatstro)
September 29-30 | The New York Cannabis and Hemp Convention
NECANN is coming to Albany this Fall! Last year’s conference was a great success, and Vicente LLP can’t wait to see you this year. Stay tuned for details about our involvement.
New Jersey Regulations & Policies
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Per the Notice of Application Acceptance issued July 18, 2023, the CRC will start accepting applications for Class 3 wholesale, Class 4 distributor, and Class 6 delivery licenses from social equity businesses only starting on September 27, 2023.
On December 27, 2023, licensing for these three license types will open to certified diversely owned businesses as well as social equity businesses. The CRC will accept applications for Class 3, 4, and 6 licenses from all applicants starting on March 27, 2023.
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Proposed regulations relating to clinical registrants were published on August 7, 2023 and will be subject to public comment until October 6, 2023. Applications for this medical license will be available later this year.
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Amendments to the Clinical Registrant Regulations were filed on July 11 and posted August 10. Please reach out with any questions regarding these amendments.
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Final regulations for adult-use cannabis were published in the state register on March 6, 2023 and are now effective.
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The New Jersey Cannabis Regulatory Commission (CRC) proposed regulations governing the operation of cannabis consumption areas. The public comment period on these proposed regulations is closed and we now await the final regulations.
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New Jersey Regulatory Meetings
The CRC is scheduled to meet on August 18 at 11am. You may livestream via Zoom. Agenda items include:
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The CRC last met on July 18. The recording can be found here. Highlights included:
- Executive Director’s Report, including a medical program update and a licensing update
- Consideration of applications for permit or license changes
- The issuance of:
- One medicinal cannabis business license
- 40 conditional licenses (11 cultivators, 8 manufacturers, and 21 retailers)
- 35 conditional-to-annual license conversions (10 cultivators, 6 manufacturers, and 19 retailers)
- 14 annual licenses (6 cultivators, 5 manufacturers, and 3 retailers)
- 4 expanded ATC certifications.
The next scheduled meeting is September 8 at 1pm.
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New Jersey Events
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September 8-9 | The New Jersey Cannabis Convention
NECANN New Jersey will be held September 8-9, 2023 in Atlantic City. Reach out if you want to meet up, Vicente LLP attorneys will be onsite and speaking in two sessions.
Jennifer Cabrera will present the session "Cashing In on Cannabis Hospitality: Learning the Ins-and-Outs of New Jersey’s Newest License Type" on Friday, September 8 at 1:30 p.m. ET.
Steve Pemberton will participate in the panel "Getting Your Brand Into New Jersey’s Cannabis Market: Which Path Is Best?" on Saturday, September 9 at 12:30 p.m. ET.
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Connecticut News & Highlights
A lawsuit has been filed against the city’s Zoning Board by a coalition of Stamford residents alleging that Connecticut’s marijuana legalization was illegal. Case details can be found here and an overview can be found here.
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The Department of Consumer Protection released data from July’s cannabis sales.Sales for adult-use cannabis and medical marijuana totaled nearly $23.6 million in the month of July. The adult-use market recorded $13 million in sales and the medical marijuana market recorded $10.6 million in sales. The average price of products for medical marijuana patients was $39.92 and the average price of adult-use products was $39.66. 52% of sales were usable cannabis/flower, 31% were vapes, and 11% were edible products.
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Connecticut Regulations & Policy
At the August 2 Social Equity Council (SEC) Meeting, the SEC approved a revised map identifying Disproportionately Impacted Areas.
This map will be published on the SEC’s website and will be utilized to determine social equity applicants for all future application periods. The SEC is also working to update the criteria to qualify as a social equity applicant. Once finalized, the SEC will vote on the updated criteria and it will be made public.
Connecticut Regulatory Meetings
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The next Social Equity Council meeting is September 6, 2023. The link and agenda are yet to be posted but will be made available here once ready.
The Social Equity Council previously met on August 2. You can find the meeting minutes here. Highlights included:
- Approval of four Workforce Development Plans
- Approval of one Equity Joint Venture application
- Denial of one Equity Joint Venture application
- Approval of the revised Disproportionately Impacted Area Map
- An Executive Director’s update.
Various subcommittees are also scheduled to meet this month and links are available here.
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Connecticut Events
September 21 | Business of Cannabis: CT Cannabis Conference
Save the date for the second annual Business of Cannabis: CT Cannabis Conference on Thursday, September 21! Vicente partner Michelle Bodian will speak on the panel “Building An Industry In Connecticut.”
Panelists:
- Andrea Comer (State of Connecticut)
- Paul Lavoie (State of Connecticut)
- Ginne-Rae Clay (Social Equity Council)
- Michelle Bodian (Vicente LLP)
- Adam Wood (Connecticut Cannabis Chamber of Commerce)
- Bruce Stebbins (Massachusetts Cannabis Control Commission)
Questions about cannabis in New York, New Jersey and/or Connecticut? We're here to help with corporate law, market analysis, selecting a location, community outreach, licensing, and more. Please feel free to reach out to our Tri-state team.
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