Licensing Hero

Adult-Use December Application Queues Now Available Below

The Office is excited to announce that the Adult-Use December Application Queues are now available.
LICENSING

 

The Office of Cannabis Management's (OCM) adult-use cannabis market was established upon the passage of the Cannabis Law in March 2021. The Cannabis Law legalized cannabis for adults 21 years of age or older, but cannabis legalization represents more than a shift in New York’s drug policies — it introduces a path forward for New York,  to bring economic opportunities to every corner of the State, to build an equitable cannabis industry,  and to set a new example of how this market can be used as a tool to improve our communities when entrepreneurs are equipped with adequate resources and education.  

 

OCM is charged with overseeing the adult-use, medical, and cannabinoid hemp industries in New York, as well as establishing the regulations governing how and when a person or business may apply for and receive a license. With a goal of awarding 50% of all licenses to Social and Economic Equity (SEE) applicants, OCM will actively promote the participation of individuals from communities disproportionately impacted by cannabis prohibition policies, minority and women owned businesses, distressed farmers, and service-disabled veterans.

Overview
Adult-Use Good Manufacturing Practices (GMP)

All adult-use cannabis products and medical-use cannabis products must be processed in accordance with Good Manufacturing Practice (GMP) standards, as applicable for the type of cannabis or cannabis product being processed. All licensees or registrants must maintain GMP standards in their processing facility operations for the duration of the license period. There are NO exceptions to the requirement to process cannabis in accordance with GMP requirements.  

 

Good Manufacturing Practice Audit Requirements:

Good Manufacturing Practice (GMP) is a quality control system for ensuring that products are consistently produced and controlled in accordance with current federal regulations 21 CFR Parts 111 or 117 established by the Food and Drug Administration (FDA).  

Within one (1) year of commencing licensed/registered operations the licensee/registrant must submit proof of a qualified third-party GMP audit, of the licensee’s extraction and/or manufacturing processes, as applicable, to the satisfaction of the Office.   

NOTE: Adult-Use Cannabis Type 3 processor licensees and microbusiness licensees may request a conditional exemption under certain conditions, such as limited processing activities related to packaging, labeling, and branding of specified products. Conditional exemptions apply exclusively to those specific product types and activities and are contingent upon submission of a conditional exemption request and written approval from the Office. 

 

Guidance regarding GMP audit requirements can be found here: 

 

GMP AUDIT GUIDANCE

Additional Resources for
Adult-Use Good Manufacturing Practices (GMP)
Adult-Use Application Queues
The Adult-Use December Application Queues Now Available

The queues below were created using a random sequence process for all cultivator, processor, distributor, retail dispensary and microbusiness applicants that applied in the application window ending on December 18, 2023, at 5:00PM and were not considered part of the November Queue.

The queues provide the Office with the order in which to review Adult-Use applications. The random queuing process was audited by an independent third-party to ensure it was random and unbiased.

 

AU DECEMBER CULTIVATOR QUEUE

AU DECEMBER PROCESSOR QUEUE

AU DECEMBER DISTRIBUTOR QUEUE

AU DECEMBER RETAIL DISPENSARY & MICROBUSINESS QUEUE

OCM Policy Guidance for October 2023 Application WindoW

POST-APPLICATION USER GUIDE

 

Here's What You Need to Know:

  • The queues' order solely determines the order in which the Office will begin the review of each application.
  • The queues' order does not indicate the order in which licenses will be issued. Each application is different, and the length of the review time will vary from application to application.
  • Inclusion on a queue is not a guarantee of licensure and is not an indication of sufficient eligibility for a license. The Office will be reviewing applications on the queues for all aspects of license eligibility including, violations of ownership requirements and participation in illicit market activity during application review.
  • Please closely monitor your email inbox to ensure you are receiving and responding to any messages from the Office regarding your application.
Proximity Protected Locations Map (PPLM)
Proximity Protected Location Map Now Available
The New York State Office of Cannabis Management (Office) is excited to share the Proximity Protected Locations Map (PPLM), which can be accessed on the State of New York Open Data website linked below:

 

Proximity Protected Locations Map (PPLM)
 


The PPLM displays the locations of licensed cannabis dispensaries, and the proposed cannabis dispensary locations on applications that are still under review. The proposed locations have been afforded proximity protection because the locations have been reviewed by the Office and have been found compliant with all distancing and proximity requirements until a final determination is made on the corresponding application.

The PPLM is intended to help prospective or provisionally licensed conditional adult-use retail dispensaries (CAURD), adult-use retail dispensaries, microbusinesses with retail and registered organizations with dispensing (ROD), identify potential locations for a cannabis dispensary in accordance with the distance and proximity requirements set forth in the Cannabis Law and its associated regulations.

 

More information about the map and proximity rules for retail dispensaries can be found here:
 

Proximity protected location map Guidance

Provisional Retail Dispensary Location Submission Instructions

WHERE WE ARE

 

To date, the  OCM has licensed 270 conditional cultivators, 40 conditional processors, distributors, and 75 adult-use retail dispensaries to grow, distribute, and sell cannabis across New York State.

Updated MRTA Timeline

CONDITIONAL LICENSEES
Existing conditional licensees can still access relevant guidance, FAQs, and resources specific to their license type using the buttons below.
NEW YORK STATE ADULT-USE CANNABIS LICENSE APPLICATIONS
HOW DO I APPLY?
The licensing application is currently closed.

The Office is set to reopen the Processor Type 3 Brand license application and transitioning AUCCs and AUCPs applications soon. Please check back regularly for updates. Get ready for your chance to enter the New York cannabis market in 2024.

The journey through New York State Adult-Use Cannabis License Applications will have between 2 and 4 parts including:  

  1. Primary License Application 
  2. Social and Economic Equity (SEE) Certification 
  3. True Parties of Interest (TPI) Disclosures 
  4. Location and Operations Section 

 

How to apply
HOW MUCH DOES IT COST?

 

Should a license be granted, the license fee will vary based on a variety of operational factors, including canopy size, planned business activities and SEE certification.

 

LEARN MORE ABOUT FEES

 

SEE entrepreneurs will be eligible for the following benefits in order to promote access and business viability: 

  • SEE applicants will receive a 50% reduction on application fees and application assistance from the Office. 
  • Eligible SEE licensees will receive a 50% reduction in licensing fees and direct support through the Cannabis Hub and Incubator Program (CHIP). 
  • Eligible SEE applicants will receive license review priority for adult-use cannabis licenses. 

 

LEARN MORE ABOUT SEE

IMPORTANT DEADLINES
The licensing application is currently closed.

The Office is set to reopen the Processor Type 3 Brand license application and transitioning AUCCs and AUCPs applications soon. Please check back regularly for updates. Get ready for your chance to enter the New York cannabis market in 2024.

MARKET RULES

 

The True Party of Interest (TPI) framework in New York State is designed to protect the integrity of the two-tier cannabis market architecture and establish procedures for monitoring and enforcing the vertical and horizontal ownership restrictions. Ensuring compliance with TPI requirements is necessary for safeguarding the independence and autonomy of New York’s adult-use cannabis licensees. All cannabis licensees have True Parties of Interest (TPI). All TPI have either a direct or indirect interest in a license, but can be further categorized as:  

  • A direct or indirect financial or controlling interest (DIFCI), or 
  • A passive investor (PI)

 

Whether a person with a right to receive revenue or profit and Goods and Services providers is a TPI is based on the 10%/50%/$250,000 (10/50/250) rule. This rule states that a person has a financial and controlling interest, becoming a TPI in a license if, over the course of a calendar year, they receive the right to or actual payment from a licensee exceeding the greatest of: 

  • 10% of the payor licensee’s gross revenues; 
  • 50% of the payor licensee’s net profits; or 
  • $250,000. 

 

TPI GUIDANCE

 

Goods and Services Agreements (Section 124.3) creates a framework for non-licensee third parties interacting in various ways with licensees. These rules establish two classes of goods and services provider: exempt (which includes arrangements licensees have with their landlords, financiers, part-time CFOs, lawyers, accountants, and other goods and services providers who do not consult on plant-touching activities), and non-exempt (which includes arrangements licensees have with third-parties consulting on the licensee’s cannabis related activities). In addition, this section dictates the way these third parties can be compensated, and how agreements that are “stacked” together will be treated by the office. 

 

LEARN MORE ABOUT GOODS AND SERVICES AGREEMENTS 

TPI HUB
The TPI Hub is a centralized location for all documents related to True Parties of Interest.

ADDITIONAL RESOURCES

All applicants are strongly encouraged to review the Adult-Use Cannabis Regulations and all application resources to learn more about how to obtain and operate an adult-use cannabis license in New York State. Please note that this is only the first application window for general adult-use cannabis licensing. Future application windows for licenses such as nursery, delivery, cooperative or collective, and on-site consumption are anticipated. Please email [email protected] if you have any further questions.