Open A Dispensary In New York - Dispensary Permits Cannabis Consulting and Templates

Status: In New York, all individuals with a legal prescription may possess and use medical marijuana. State licensed businesses may grow, process, transport, and dispense medical marijuana.

CBD Program	Medical Program	Recreational Program	Are Applications Open?
Legal	Legal	Not legal	closed

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Number of New York Marijuana Business Licenses Licenses Available

Dispensaries	Cultivation	Manufacturing/Processing	Transportation
0	0	0	0

Every state has different marijuana laws- they are regulated by state, not federal law. Some states allow marijuana for recreational and medical use, some states only allow medical use, and some only allow certain low THC products for medical use. Most states limit the number of licenses they will grant and the window to apply for them. Getting licenced is never simple- there are very specific requirements and guidelines that differ by state and its usually highly competitive, which is why most successful applicants work with consultants like Dispensary Permits to help guide them. We highly advise you read the guidelines below thoroughly and then consider working with a consultant or using our templates and guides.
You can read the full text of the New York Marijuana Business Licenses law at: www.nysenate.gov

Proposed New York Recreational Marijuana Producer License Guidelines

The Cannabis Regulation and Taxation Act defines a Producer as a licensee who plants, grows, harvests, dries, cures, grades, or trims marijuana.

If the Cannabis Regulation and Taxation Act is enacted, the Bureau of Marijuana Policy will be tasked with drafting the rules and regulations to govern Producer licenses. The Bureau is to determine associated application fees and annual license fees.

RECOMMENDED NEW YORK MARIJUANA BUSINESS PLANS FOR MARIJUANA PRODUCER LICENSE:

Proposed New York Recreational Marijuana Processor License Guidelines

The Cannabis Regulation and Taxation Act defines a Processor as a licensee that extracts concentrated cannabis and/or compounds, blends, extracts, infuses, or otherwise manufactures concentrated cannabis or cannabis products, but not the cultivation of the cannabis contained in the cannabis product.

If the Cannabis Regulation and Taxation Act is enacted, the Bureau of Marijuana Policy will be tasked with drafting the rules and regulations to govern Processor licenses. The Bureau is to determine associated application fees and annual license fees.

RECOMMENDED NEW YORK MARIJUANA BUSINESS PLANS FOR MARIJUANA PROCESSOR LICENSE:

Proposed New York Marijuana Retailer License Guidelines

The Cannabis Regulation and Taxation Act defines a Retailer as means any person who sells at retail any cannabis product, the sale of which a license is required under the provisions of this chapter. A retailer may deliver marijuana and marijuana products to customers. An owner of a marijuana retail store shall not hold a license in another license category and shall not hold more than three retailer licenses.

If the Cannabis Regulation and Taxation Act is enacted, the Bureau of Marijuana Policy will be tasked with drafting the rules and regulations to govern Retailer licenses. The Bureau is to determine associated application fees and annual license fees.

RECOMMENDED NEW YORK MARIJUANA BUSINESS PLANS FOR MARIJUANA RETAILER LICENSE:

Proposed New York Marijuana Microbusiness License Guidelines

The Cannabis Regulation and Taxation Act defines a Microbusiness as a licensee that may act as a cannabis producer for the cultivation of cannabis, a cannabis processor, a cannabis distributor and a cannabis retailer under this article; provided such licensee complies with all requirements imposed by this article on licensed producers, processors, the licensee engages in such activities. An owner of a marijuana microbusiness shall not hold a license in another license category and shall not hold more than one microbusiness license.

If the Cannabis Regulation and Taxation Act is enacted, the Bureau of Marijuana Policy will be tasked with drafting the rules and regulations to govern Microbusiness licenses. The Bureau is to determine associated application fees and annual license fees.

RECOMMENDED NEW YORK MARIJUANA BUSINESS PLANS FOR MARIJUANA MICROBUSINESS LICENSE:

Proposed New York Marijuana Laboratory Testing Facility License Guidelines

The Cannabis Regulation and Taxation Act defines a Laboratory Testing Facility as any independent laboratory capable of testing cannabis and cannabis products for adult-use and medical-use; cannabinoid hemp and hemp extract; or for all categories of cannabis and cannabis products as per regulations set forth by the state cannabis control board.

RECOMMENDED NEW YORK MARIJUANA BUSINESS PLANS FOR MARIJUANA MICROBUSINESS LICENSE:

Proposed New York Marijuana Distributer License Guidelines

The Cannabis Regulation and Taxation Act defines a Distributer means any person who sells at wholesale any cannabis product, except medical cannabis, for the sale of which a license is required under the provisions of this chapter.

RECOMMENDED NEW YORK MARIJUANA BUSINESS PLANS FOR MARIJUANA MICROBUSINESS LICENSE:

New York Medical Marijuana Registered Organization License Guidelines

A registered organization shall be a for-profit business entity or not-for-profit corporation organized for the purpose of acquiring, possessing, manufacturing, selling, delivering, transporting, distributing or dispensing marihuana for certified medical use. The deadline to submit an application to become a registered organization with the Department of Health was June 5, 2015.Â The Department of Health (DOH) received 43 applications from businesses interested in becoming registered organizations to manufacture and dispense medical marijuana under the Compassionate Care Act. The law provides for the initial registration of up to five organizations in New York State and allows the Commissioner to register additional organizations in the future. Each registered organization may operate up to four dispensing facilities statewide, for an initial total of up to 20 geographically-dispersed dispensing facilities.

RECOMMENDED NEW YORK MARIJUANA BUSINESS PLANS FOR REGISTERED ORGANIZATION APPLICATION:

The History of New York Marijuana Business Licenses Marijuana

Medical:
On July 2014, a bill (S7923) signed by Gov. Andrew Cuomo legalized medical marijuana use for patients with qualifying conditions. Only five registered organizations were allowed by law and were awarded in August of 2015. The licensee holders are allowed to open 4 dispensaries each, totaling to 20 locations in the whole state.

On July 12, 2018, Department of Health officials published emergency regulations for an opioid replacement policy, adding “any condition for which an opioid could be prescribed as a qualifying condition for medical marijuana,” to the list. The Department of Health also opened the door to home delivery regulation.

Qualifying Medical Conditions: Cancer, HIV/AIDS, ALS (Lou Gehrig’s Disease), Parkinson’s Disease, multiple sclerosis, spinal cord tissue damage, epilepsy, inflammatory bowel disease (including Crohn’s disease), neuropathies, Huntington’s Disease, and any condition for which an opioid could be prescribed.

Recreational:
The New York Department of Health has backed legalizing marijuana for recreational use in a report to Governor Andrew Cuomo. The 75-page report ultimately concluded that the pros outweigh the cons for legalization.

A series of 15 separate statewide listening sessions on regulated marijuana was held in the state during September and October of 2018. Governor Andrew Cuomo revealed his plan to legalize recreational marijuana on January 15, 2019. Cuomo included his plan in his state budget proposal, which calls to enact the Cannabis Regulation and Taxation Act. The Act would establish a Bureau of Marijuana Policy as the regulating department which would be responsible for licensing and regulating all marijuana businesses.

However, in March 2019, Cuomo removed the marijuana legalization language from his state budget proposal. Although a recreational marijuana bill was then introduced in hopes of passing before the end of the 2019 legislative session, the bill failed to move forward as lawmakers couldn’t come to a consensus on a few key topics. Lawmakers will most likely pick up the issue next legislative session.

On January 21, 2020, Gov. Andrew Cuomo included marijuana legalization in his budget proposal setting the stage for another reform push in the legislature as the 2020 session gets underway.

On April 3, 2020, as the deadline came for state lawmakers to finalize the state budget, they made the decision to remove marijuana legalization to address the coronavirus pandemic. However, Gov. Andrew Cuomo also stated that he still expects lawmakers to push ahead with plans to legalize marijuana through legislation. It is possible that lawmakers could still pass a stand-alone legalization bill before the end of the session on June 2, 2020.