Marihuana Regulation and Taxation Act
The Marihuana Regulation & Taxation Act (MRTA) was signed into law on March 31, 2021 legalizing adult-use cannabis (also known as marijuana, or recreational marijuana) in New York State. The legislation created a new Office of Cannabis Management (OCM) governed by a Cannabis Control Board to comprehensively regulate adult-use, medical, and hemp cannabis. The OCM will issue licenses and develop regulations outlining how and when business can participate in the new industry.
The Regulatory Process
The regulatory process in the State of New York is governed primarily by Article 2 of the State Administrative Procedure Act (SAPA). This process is administered in the Office of Cannabis Management Legal Division.
To initiate a regulatory proposal, SAPA requires submission of a Notice of Proposed Rulemaking to the Secretary of State for publication in the New York State Register. If no public hearing is required, the notice must precede adoption by at least 60 days (45 days for revised rulemaking). Publication by the Secretary of State is the primary means of giving notice of proposed actions. However, any person or entity may file a standing request to receive notices from the Department directly.
If the text of the proposed notice exceeds 2,000 words, only a description of the subject purpose or substance of the rule will be published in the New York State Register. Similarly, if the text of the Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and/or the Job Impact Statement exceeds 2,000 words a summary is required. To ensure the widest possible and most timely outreach, in conjunction with submission to the Secretary of State, the Office will post the complete version of all regulatory notices on this website.
Comments on the proposed regulations should be directed to: [email protected] or mailed to: New York State Office of Cannabis Management PO Box 2071 Albany, NY 12220
Commenting on Proposed Regulations
If you plan to submit a comment on proposed regulations to OCM, there is no specific format or form that is required; any email or letter sent to the address on this page is sufficient. However, the following tips are intended to help you submit a strong comment that will best explain your views and improve the proposed regulations on which you are commenting.
Before writing your comment:
- Be aware of the submission deadline. The public comment period will close at 11:59 P.M. on the day comments are due. Begin working on your comment well before the deadline!
- Read the complete text of the proposed regulation. If you do not understand something in the proposed rule, then you should communicate that in your comment.
While writing your comment:
- Give your email or letter a title that makes it clear which program or Part you are commenting on. Sometimes multiple different proposals will be out for comment at the same time.
- Clearly state the specific section or subsection within the proposed regulations that you are commenting on. Try to be as specific as you can. Your citation should begin with the Part number of the regulations and include all letters or numbers that identify that particular subsection. An example of what a citation of a specific section of Part 116 might look like is: "§ 116.4(a)(2)(i)(b)"
- You can address multiple sections in your comment. If you are addressing multiple sections, make sure it is clear what part of your comment pertains to each section.
- If your comment is not tied to any specific section(s) of the proposed regulations, or you are not sure where it best fits, then you do not need to cite a specific section in your comment.
- If applicable, provide specific suggestions on the regulatory language and how you think it can be changed.
- When possible, justify your comment. This could be through data, your personal experience, factual information, scientific research, sound reasoning, expert opinions, or another way. If possible, provide links or references to the information that supports your comment.
- Include examples of how the proposed regulations would impact you, your community, or your business negatively or positively.
- If you disagree with a proposed action, suggest an alternative. Explain how your alternative might meet the same objective or be more effective. If you have information that supports your view, then you should include it.
After writing your comment:
- Proofread your comment before submission to be sure it will be understood when it is reviewed.
- Do not submit the same comment more than once. Unless you receive an error message that indicates your email was not sent or another indication that your comment was not received, then you can assume the Office has received your comment. The Office receives many comments on proposed regulations and carefully reviewing all comments takes time.
- Continue to monitor the Office's website and any Cannabis Control Board meetings for additional movement of the proposed regulations on which you commented. The Office issues responses to all comments in the Assessment of Public Comment which summarizes the comments received. This assessment is issued after the comment period ends and the proposed regulations are finalized or revised.
Comments on the proposed regulations can be submitted by email to: [email protected] or mailed to: New York State Office of Cannabis Management, P.O. Box 2071, Albany, NY 12220
Unless otherwise noted:
- The documents available on this page are in PDF format.
The following table contains information regarding OCM regulations that have been adopted or are otherwise in effect.
The following table contains information regarding OCM regulations that are currently in the rulemaking process.
|Date Published in the State Register
|Comment Period Expiration
|Description & Program
Public Comment Period Begins: November 8, 2023
Public Comment Period Ends: January 8, 2024
|Part 113 - Medical Cannabis Regulations Express Terms (Medical)
|Part 114 - Cannabinoid Hemp Emergency Regulations (Cannabinoid Hemp)
|Part 133 - Violations, Hearings, and Enforcement Emergency Regulations (Enforcement)
Comments on the proposed regulations can be submitted by email to: [email protected] or mailed to: New York State Office of Cannabis Management, P.O. Box 2071, Albany, NY 12220.