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On August 12, 2025, the U.S. Court of Appeals for the Second Circuit ruled that New York’s adult-use cannabis licensing scheme, which gives “Extra Priority” to applicants (or certain relatives) with New York State marijuana...more
A recent decision in the New York State Supreme Court has significant implications for the local regulation of adult-use cannabis dispensaries in New York. Tink & E. Co. (hereafter, “Tink”), an adult-use retail dispensary...more
In a shocking announcement, the New York Office of Cannabis Management (OCM) informed 108 adult-use dispensary license holders, including 89 in NYC, that the current locations of their dispensaries are in violation of the...more
On April 14, 2025, a cannabis retailer filed suit to challenge the provision of New York’s cannabis law that requires licensed businesses to maintain labor peace agreements with their workers. The New York lawsuit asserts...more
New York’s Cannabis Control Board (“CCB”) amended its cannabis regulations to refine licensing criteria, adjust distance restrictions, and strengthen public convenience and advantage considerations. These amendments aim to...more
The New York State Office of Cannabis Management (“OCM”) recently announced it has created a Cannabis Banking Directory (the “Directory”), which currently lists 10 financial institutions servicing cannabis businesses and open...more
New York’s adult use cannabis roll out has been rocky at best. However, there are still business opportunities to be had. In this episode of the Cannabis Law Now podcast, we hear from Greg Wersching, the Vice President of...more
Heading into 2025 New York Governor Kathy Hochul signed two new cannabis related bills, one of which would bring back the previously discontinued Cannabis Growers’ Showcase program, effectively allowing adult-use cannabis...more
On December 12, 2024, the New York Supreme Court in Albany County granted an Article 78 petition seeking a preliminary injunction in the case of Organic Blooms, LLC, et al. v. New York State Cannabis Control Board and Office...more
The Adult-Use Processor Type 3 Branding license (Brand License) authorizes the license holder to market their brand(s) in New York State's adult-use cannabis market by entering into white labeling agreements with other...more
The New York Office of Cannabis Management (“OCM”) has promulgated interim guidance identifying how it will address changes of ownership and other license amendments. While many have criticized the OCM for delays in...more
Key Takeaways: • The initial application windows for New York’s general adult-use cannabis licenses closed on November 17, 2023, for applicants who could demonstrate location control (evidenced by a signed lease or deed...more
In a stunning turn of events, an Albany County Supreme Court judge has delivered a groundbreaking decision, invalidating all New York State regulations for adult-use cannabis. The ruling, which deems the regulations arbitrary...more
Earlier this week, the NYS Senate and Assembly unveiled their “one-house budget proposals” in response to Gov. Kathy Hochul’s executive budget proposal in January. The one-house budget includes several proposals related to...more
While licensing agreements between brands and license holders are typical in mature cannabis jurisdictions, what is uncommon is the requirement that said brands become licensed solely for the purposes of entering into...more
Even though adult-use cannabis is legal in the state of New York, marijuana is still considered an illegal controlled substance at the federal level, and that leads to numerous problems for the state’s legal cannabis...more
The New York State Attorney General Office has moved to dismiss a lawsuit that aims to halt the state’s legal adult-use cannabis program based on marijuana’s danger to the state’s residents and illegal federal status. ...more
New York’s Office of Cannabis Management (OCM) announced that prospective applicants have an additional 14 days to submit their applications, extending the deadline for retail applicants with control of an eligible property...more
The New York Cannabis Control Board (the “CCB”) has extended the window for adult-use cannabis license applications by two weeks. The announcement came during the CCB hearing on Tuesday, October 17th. The new deadline to...more
On September 12, the New York Cannabis Control Board (CCB) approved final regulations governing the adult-use cannabis industry in New York, marking a long-awaited moment for industry participants and state regulators alike....more
On Tuesday, New York State’s Cannabis Control Board (“CCB”) voted to approve the Office of Cannabis Management’s (“OCM”) proposed cannabis regulations....more
New York State Regulators Approve Final Adult-Use Regulations as Judge Bars New York State From Issuing New Cannabis Licenses - On September 12, state regulators approved final adult-use regulations and set October 4 as...more
As will be discussed in greater detail by the Foley Hoag’s cannabis practice team on its webinar scheduled for September 13, 2023, the New York Cannabis Control Board (“CCB”) and Office of Cannabis Management (“OCM”) took...more
On August 18, 2023, a New York Supreme Court judge has enjoined New York cannabis regulators from further processing, approving, or investigating any new or pending applications for a state conditional adult-use retail...more
New York State cannabis agencies and related individuals were served with a lawsuit from four New York veterans (Carmine Fiore, William Norgard, Steve Mejia, and Dominic Spaccio, collectively, the “Plaintiffs”) related to the...more