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NY opens licensing process for retail cannabis, those impacted by prohibition are first in line

The website for the New York State Office of Cannabis Management
WAMC screenshot

New York state has begun the application process for licenses to run retail cannabis stores, nearly one and half years after the drug became legal for adult recreational purposes. New York has a different approach than other states that have legalized marijuana, and is emphasizing social and economic equity.

The first round of 100 or so licenses will be reserved for those who were harmed by the decades of marijuana prohibition. Applicants, or one of their close family members, must have a cannabis-related conviction in order to qualify. Damian Fagan, Chief Equity Officer for the state’s Office of Cannabis Management, says the aim is to help reverse what he says is a “dark history” of the hemp plant in New York, and to give those in communities adversely effected a chance to get in the “ground floor” of a profitable industry.

“We are here today to make sure those New Yorkers who saw their futures ruined because the government got it so wrong, are now at the front of the line to benefit when the government gets it right,” Fagan said.

Applicants also need to have experience running a business that can show at least two years of profitability. They also must have when the regulations describe as a “significant presence” in New York, having assets like vehicles and real estate property, a state-based residence and a bank account. Credit checks won’t be required.

OCM Executive Director Chris Alexander says financial help will also be provided to those who are granted the licenses, including helping them lease or purchase store fronts in competitive locations, and create a desirable retail space.

“We’re supporting our entrepreneurs with capital, with real estate and with a real opportunity to build a brand, build a customer base,” Alexander said. “And really get their businesses off the ground in the right way.”

The money comes from a $200 million equity fund included in the 2021 legislation that legalized adult recreational use of cannabis. The industry is expected to generate $4.2 billion in the next five years, and create up to 60,000 jobs.

The state has already distributed licenses to 52 farmers to grow hemp for retail use.

“Our community of women and small business are thrilled,” said Gia Moron, President of Women Grow, a female focused nonprofit promoting equity for Black and Brown people in the cannabis industry. “We’ve been waiting for this day.”

The OCM officials did not address tax obstacles that small cannabis business owners might face, including not being able to deduct business expenses from their federal taxes, since cannabis is still considered illegal by the federal government.

The licenses will be distributed regionally, in areas defined by state’s Empire State Development Corporation as part of their economic development grant programs.

Applicants have until September 26th to get their request completed.

Those who don’t want to run a business but want to grow cannabis at home will have to wait awhile before learning the rules for private cultivation. Alexander says the Office of Cannabis Management is still finalizing rules for medical marijuana patients who want to grow at home. He could not offer a timetable for recreational users who want to grow their own plants.

Karen DeWitt is Capitol Bureau chief for New York State Public Radio, a network of public radio stations in New York state. She has covered state government and politics for the network since 1990.
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