Vicente LLP Mid-Atlantic Update: November 2023
Dec 5, 2023
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Each month Vicente LLP highlights notable cannabis information from New York, New Jersey, Connecticut and Maryland.
New York
Licensing Updates
Applications for certain adult-use licenses are due by 5:00 p.m. ET on December 18. Available adult-use license types include Type 1 and Type 2 Indoor Cultivator, Processor, Distributor, Microbusiness, and Retail Dispensary licenses. Adult-use conditional cultivators and adult-use conditional processors who are in good standing are also eligible to transition to a non-conditional license.
Applications for new registered organizations are due by 5:00 PM ET on December 19. You can view a sample application here and application instructions here.
Litigation Updates
CAURD Litigation Update
Settlement terms for the CAURD litigation have been filed. The four plaintiffs will each be awarded one provisional license each with site protection.
Additionally, the CAURD injunction (which has been in place since August) will be lifted within ten business days of the agreement being ordered by the Court, meaning that OCM may begin to award final licenses to those CAURD applicants that had previously been issued a provisional license. No additional provisional CAURD licenses may be issued until April 1, 2024.
OCM is providing business development, education, and application assistance programs, as well as other benefits, to all SEE applicants and specifically to Service-Disabled Veterans.
Fiore Lawsuit (Registered Organization) Update
The Fiore lawsuit, consisting of five currently operating registered organizations as plaintiffs, is also coming to settlement terms, including that the five plaintiffs (Curaleaf, PharmaCann, Fiorello, NYCanna, and Citiva) will receive expedited review of their adult-use transition applications to ensure that they are able to open their first adult-use store on or before December 29, 2023 (to be consistent with the regulations). They will be able to open their second adult-use store on or before June 29, 2024. The Cannabis Control Board will meet on December 8, 2023, to vote on these transition applications.
Regulatory Meetings
The Cannabis Control Board (CCB) will meet on December 8, 2023 at 10:30 am. At this meeting, they are expected to vote on registered organizations' adult-use transition applications.
The CCB most recently met on November 27. The recording may be viewed here. At this meeting, the CCB approved a resolution to approve the settlement agreement for the Fiore litigation.
The CCB also met on November 17. The recording may be viewed here. Meeting highlights included:
- Adoption of Cannabinoid Hemp Emergency Regulations
- Consideration of Laboratory Permit Fees
- Registered Organization renewals
You can follow OCM and the CCB’s day-to-day activities on their Instagram account @nys_cannabis.
Policy Updates
Public comment on the revisions to the Medical Cannabis Regulations will be accepted until January 8, 2024. To submit a public comment, please email regulations@ocm.ny.gov or mail your comments to the New York State Office of Cannabis Management's PO Box 2071 Albany, NY 12220.
Events
Ongoing | Office of Cannabis Management’s Roadmap to Adult-Use Applications Seminar Series
OCM is hosting an in-person and virtual event series titled “Roadmap to Adult-Use Applications.” These will take place across the state – please check the link above to find the seminar most convenient for you.
New Jersey
Program Updates
The Cannabis Regulatory Commission (CRC) is seeking public comment on the proposed rules to expand the edible selection in New Jersey. Notably, these proposed edible rules will enhance the variety, safety, and quality of edible products. Under these rules, available ingestible products will only include shelf-stable, ready-to-use items that do not require cooking, baking, or storage in sterile environments. Comments may be submitted via this link until December 15, 2023. If you would like to discuss these regulations and your public comments, please do not hesitate to reach out to your Vicente team contact.
The CRC proposed regulations governing the operation of cannabis consumption areas. Final regulations are anticipated to be released at or before the next CRC meeting on December 7 and published in the register after the meeting.
Regulatory Meetings
The CRC’s next meeting is scheduled for December 7, 2023, at 10 am. You may livestream via YouTube. Agenda items at this time include:
- Cannabis consumption areas rule adoption
- Regulatory waivers and policy updates
- Consideration of license name and location changes, medical cannabis business renewals, and new cannabis business applications
- Consideration of ATC identification card cases, claims, and petitions
- Consideration of enforcement action
The CRC last met on October 19. The recording can be found here. Highlights from this meeting included:
- Approval of name, location, and ownership changes
- A licensing update that the CRC has approved 1,259 conditional licenses, 157 conversions to annual licenses, 112 annual licenses, and 60 expanded ATC certifications to date
- An update from the Public Engagement and Education Committee on its effort
- Approvals of conditional licenses, conditional-to-annual license conversions, annual licenses, expanded ATC certification, and annual license renewals
Connecticut
Program Updates
The adult-use cannabis transaction limit has increased to ½ oz of raw flower (or the equivalent). Examples of what 1/2 of an ounce of cannabis flower or its equivalent might look like include:
- Up to 14 pre-rolled cigarettes that weigh 1 gram each or 28 pre-rolled cigarettes that weigh 0.5 grams each. Or any combination of up to 14 total grams, which equals 1/2 ounce.
- Four to eight vape cartridges, which come in .5 mL and 1 mL sizes.
- Edibles vary by type and size. A standard-sized brownie or cookie can be the equivalent of .08 grams of cannabis flower. One edible serving cannot have more than 5 milligrams of THC.
- A combination of different product types that collectively amount to no more than 1/2 of an ounce.
The Department of Consumer Protection released data from October’s cannabis sales. Sales for adult-use cannabis and medical marijuana totaled nearly $25 million in October. The adult-use market recorded over $14.7 million in sales, and the medical marijuana market recorded almost $10.1 million in sales. The average price of products for medical marijuana patients was $36.43, and the average cost of adult-use products was $37.61. 51% of sales were usable cannabis/flower, 31% were vapes, and 11% were edible products.
Regulatory Meetings
The Social Equity Council will meet on December 5 at 10 am. Agenda items include a vote on new Social Equity Plan criteria. The link to view will be made available on this webpage. Other committee meetings are also advertised on that site.
Maryland
Program Updates
The adult-use application period is underway! Applications are due by 5:00 PM ET on December 12, 2023. Essential information including application instructions, an evaluation worksheet, and application templates, are available on the Maryland Cannabis Administration (MCA) website. MCA also published an FAQ page.
Questions can be submitted for the FAQ through the application deadline of December 12, 2023, but questions raised within 24 hours of the submission deadline might not be answered prior to the deadline. Expect at least one business day for a response.
Regulatory Meetings
When scheduled, public meetings will be noticed here.
Questions about cannabis in New York, New Jersey, Maryland 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.