Vicente LLP Mid-Atlantic Update: September 2023
Sep 28, 2023
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Each month Vicente LLP highlights notable cannabis information from New York, New Jersey, Connecticut and Maryland.
New York
Program Updates
On September 12, 2023, the New York Cannabis Control Board voted to adopt adult-use regulations (which are now in effect) and announced application periods for certain adult-use licenses and medical licenses. Applicants will be eligible to apply for new licenses or convert their existing conditional licenses starting at 8 a.m. on October 4.
Available adult-use license types include cultivator, processor, distributor, microbusiness, and retail dispensary licenses. Adult-use conditional cultivators and adult-use conditional processors who are in good standing will be eligible to transition to a non-conditional license at this time. This application period will be open for 60 days (closing at 5 p.m. on December 4, 2023).
Applications for new registered organizations will also be made available this fall. This application period has not yet been confirmed.
An update on the lawsuit impacting the Conditional Adult-Use Retail Dispensary (CAURD) program: OCM/CCB will be in court on September 25 to ask the judge to either unfreeze the program or expedite the trial to November. An appellate hearing will be held on October 2, 2023.
Regulatory Meetings
The Cannabis Control Board (CCB) met on September 12, 2023. See the press release from this meeting here. The recording may be viewed here. Meeting highlights include:
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Approval of the revised adult-use cannabis regulations;
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Consideration and approval of the adult-use cannabis application form and period;
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Consideration and approval of the registered organization application form and period;
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Approval of the cannabis research license application;
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A cannabis laboratory permit approval;
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A cannabis laboratory permit denial;
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Consideration of a change in ownership request for an existing registered organization; and
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A comprehensive Executive Director’s report.
You can follow OCM and the CCB’s day-to-day activities on their Instagram account @nys_cannabis.
Events
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. Click here to set up a meeting during the event.
Vicente LLP attorneys Michelle Bodian, Elliot Choi and Meg Nash will present the session “So, You Want to Apply for a NY Cannabis License? Start Here!” on Friday September 29 at 11:30 a.m. This panel will outline what New York cannabis entrepreneurs need to know to get their businesses geared up to submit successful applications. Don’t miss it!
October 20 – 21 | The Official New York Dispensary Showroom Tour - Next (and final!) Stop: Queens!
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.
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.
Follow The Bronx Community Foundation on Eventbrite for more information.
Save the Date: Vicente LLP New York Licensing Educational Seminars
Vicente LLP’s licensing team will host a New York licensing panel series in October with distinct tracts for corporate and fundraising considerations; licensing applications; engaging municipalities; finding a property and negotiating a lease; and developing a culture of compliance. Stay tuned for more information.
October 16 – November 21 | Black Institute Group’s Marijuana Education Development Series
Vicente LLP partner Jennifer Cabrera will present at the first week of the Black Institute Group’s Marijuana Education Development Series, which is specifically designed to assist minorities and MWBEs with breaking into the emerging legal cannabis industry and redressing the disproportionate harm inflicted on minority communities by the historic criminalization of cannabis. Classes will be held in person in Brooklyn, NY.
New Jersey
Program Updates
On September 25, 2023, Governor Phil Murphy signed into law Assembly Bill A-4151. This law, P.L2023, c.162, allows investor groups and individual investors (including owners of a Class 5 license) to provide “significant financial or technical assistance or the significant use of intellectual property” to up to 7 diversely owned retail licenses. In exchange, the investor can receive up to a 35% interest in each of those 7 businesses, subject to repayment limits. For more information, see here.
Applications for Class 3 Wholesaler, Class 4 Distributor, and Class 6 Delivery licenses open on Wednesday, September 27. You can review the Cannabis Regulatory Commission (CRC)’s pre-application webinar here.
Amendments to the Clinical Registrant Regulations were filed. Please reach out with any questions regarding these amendments.
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.
Regulatory Meetings
The CRC is scheduled to meet on October 5 at 1pm. You may livestream via YouTube, the link and agenda will be posted here once available.
The CRC last met on September 8. The recording can be found here and slides can be found here. Highlights from this meeting included:
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Approval of edibles rule proposals expanding personal-use ingestible product options;
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Approval of a new rule allowing ATCs to manufacture addition ingestible forms of products;
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Approval of 2024 Social Equity Excise fees;
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Approval of a medical edibles waiver;
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Approval an adult-use use edibles waiver;
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Approval of business name changes;
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Approval of a satellite dispensary
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Issuance of conditional licenses, conditional-to-annual license conversions, and annual licenses;
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Certain expanded ATC certifications;
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Approval of certain annual license renewals; and
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Certain notices of enforcement action.
Events
October 12 | New Jersey Cannabis Insider Live
NJCI Live Cannabis Business Conference is coming to Newark on October 12. Reach out if you want to meet up, Vicente LLP attorneys Jennifer Cabrera and Steve Pemberton will be there!
October 16-18 | Cannabis Quality Conference
Save the date for the Cannabis Quality Conference, which will be held October 16-18! Vicente’s director of regulatory compliance, Casey Leaver, and attorney Steve Pemberton slated to present the session “What to Expect When You’re Inspected: Creating a Culture of Compliance.”
Connecticut
Program Updates
The Department of Consumer Protection released data from August’s cannabis sales. Sales for adult-use cannabis and medical marijuana totaled nearly $25 million in the month of August. The adult-use market recorded over $14 million in sales and the medical marijuana market recorded almost $11 million in sales. The average price of products for medical marijuana patients was $39.36 and the average price of adult-use products was $39.49. 52% of sales were usable cannabis/flower, 30% were vapes, and 11% were edible products.
On September 21, the second annual Business of Cannabis: CT Cannabis Conference took place. Vicente partner Michelle Bodian spoke on the panel “Building An Industry In Connecticut” alongside Ojala Naeem (State of Connecticut), Paul Lavoie (State of Connecticut), Ginne-Rae Clay (Social Equity Council), and Adam Wood (Connecticut Cannabis Chamber of Commerce). During his keynote remarks, DCP Commissioner Bryan Caffarelli expressed that although a second lottery round for cannabis licenses is forthcoming, a timeline for this application period is not yet available.
Maryland
Program Updates
The MCA has yet to release the application form, but has announced that it will begin accepting application on November 13, 2023. All applications are due at 5:00 p.m. EST on December 12, 2023. Join us in Baltimore on October 16th to learn more!
On September 8, the Maryland Cannabis Administration (MCA) and its Office of Social Equity (OSE) opened their social equity verification portal. As a reminder, the first round of licensing is only open for verified social equity applicants. Access to the portal will only granted after a Cannabis Business Licensing Interest Form is completed. This form includes an assessment that applicants must receive a perfect score on in order to receive their portal link. The assessment may be taken as many times as necessary to receive that perfect score, and is intended to ensure that all potential applicants understand the upcoming application process. There is no fee to submit the Cannabis Business Licensing Interest Form or to utilize the verification portal.
The verification portal will open on September 8 for 60 days, closing on November 7. Interested applicants will receive a personalized link to the portal after successful completion of the form and a perfect score on their assessment. All parties should receive their link within 2 business days of submission. Once access is granted, applicants will need to provide documentation demonstrating that they satisfy at least one of the social equity criteria.
Regulatory Meetings
When scheduled, public meetings will be noticed here.
Events
October 16 | Maryland Cannabis Business Licensing Workshop & Networking Event
Vicente LLP is hosting a can’t-miss workshop in Baltimore on October 16 for those interested in entering the Maryland adult-use cannabis market! This workshop will feature Vicente attorneys Meg Nash, Brian Vicente, and Yolanda Clarke, who will educate attendees on the Maryland application process, including what to consider when preparing, social equity criteria, ongoing compliance considerations, and more.
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.