New York
Equity Project State Briefing
Legal Status
Is Cannabis Legal in New York?
- Adult-Use:
- Medical:
Cannabis in New York is legal for both medical and adult use.
Date of Legalization
- Adult-Use:
- Medical:
New York legalized cannabis for medical use in 2014. In March 2021 New York legalized cannabis for adult use through their legislature. The adult use legislation also included its social and economic equity program.
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Possession Limits
In New York’s adult use framework, adults 21+ may possess, purchase, obtain or transport up to three ounces of cannabis and up to twenty-four grams of concentrated cannabis, under adult use statutes. Adults may possess up to five pounds of cannabis at their personal residence or grounds, however growing cannabis at home for personal use is not permitted under the adult use law until the Cannabis Control Board adopts regulations outlining the rules. Within the medical use framework, patients may possess up to a 60 day supply of medical cannabis. Additionally, patients may cultivate within their home up to three mature cannabis plants and three immature cannabis plants at any one time.
Other Licensing Provisions
License Caps
- License Caps:
In New York’s adult use framework, the Board may limit the number of each license type that it grants, although the law does not require it to do so. Regulations have not yet been released so it is unknown whether the Board will impose caps. New York allowed municipalities to opt out of retail dispensaries and on-site consumption by December 31, 2021. Out of 1518 municipalities, 642 municipalities opted out of dispensaries and 733 opted out of consumption sites.
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Application Selection Process
- Selection System:
New York has not yet released regulations for its adult use market, therefore it is unknown whether licenses will be distributed through a lottery or based on merit. New York’s medical market however distributes licenses based on merit.
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Felony Disqualification on Ownership
- Ownership Exclusion for Felony Convictions:
- Exemption for Cannabis Offenses:
New York’s adult use framework disqualifies applicants for cannabis licensure on the basis of their conviction history. In New York an individual will not be awarded a license if they have been convicted within the past three years of any felony related to the function or duties of operating business, which is not limited to
(a) a felony conviction involving fraud, money laundering, forgery and other unlawful conduct related to owning business,
(b) a felony conviction for hiring, employing or using a minor in transporting illicit substance.
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Employee Criminal Records
- Conviction Restrictions for Employees:
- Exemption for Cannabis Offenses:
New York has not yet released regulations for its adult use market, therefore it is unknown whether cannabis employees will be required to undergo a state level criminal history background check.
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Availability of Expungements
- Expungements:
New York offers automatic record cleaning for certain cannabis convictions.. All cannabis convictions under Penal Law §§ 221.05 and 221.10 prior to August 26, 2019 should be automatically expunged. Other convictions can be expunged through petitioning the court.
Social Equity
Social Equity Definition / Criteria
New York’s Social and Economic Equity program applicants include
Extra priority shall be given to applications that demonstrate that an applicant:
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Social Equity Provisions
In New York 50% of adult use licenses will be awarded to social and economic equity applicants. “Extra” priority will be given to social equity applicants who have a qualifying income, qualifying cannabis conviction and who is a member of a community disportionately impacted by the enforcement of cannabis prohibition.
New York’s social and economic equity program will offer a low and no interest loan program. New York will also provide an Incubator Program, which will encourage Equity Applicants to apply for a license and, if licensed, will provide direct support in the form of counseling services, education, small business coaching, and compliance assistance.
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License Priorities and Set Asides
New York will grant at least 50% of available microbusiness, delivery and nursery licenses to minorities and disenfranchised groups such as women-owned businesses, directly impacted community members, disadvantaged farmers and service-disabled veterans. Social and economic equity applicants are given priority for delivery licenses.
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Fee Waivers and Reductions
New York will waive or reduce fees for social and economic equity participants. However, the regulations have not yet been established.
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Other Financial Support for Social Equity Applicants and Licensees
New York intends to create a $200 million public-private fund to support social equity applicants build out their business. Licensing fees and tax revenue will seed the fund and leverage significant private investment. It is unknown whether the fund will be available for social equity applicants as soon as the market opens.
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