Sizzling off its first assembly earlier this month, New York’s Hashish Management Board (CCB) held its second assembly on October 21, 2021. As would be the case with all CCB conferences, it was broadcast dwell and a transcript of the assembly might be revealed right here.
The CCB and the Workplace of Hashish Administration (OCM) made a number of noteworthy bulletins, which we are going to element beneath. However we received’t bury the lede: nonetheless no clear assertion on after we can anticipate the adult-use guidelines and laws to be launched.
Under is what we did be taught.
The CCB and OCM are (Hopefully) Critical About Shutting Down Unlawful Gross sales
In the previous few weeks there have been a lot of tales floating round about adult-use retail dispensaries working in New York Metropolis, most notably Empire Hashish Golf equipment. Our hope had been that the CCB and OCM responded shortly and decisively to close down unlicensed adult-use dispensaries.
Through the CCB assembly, Chairwoman Tremaine Wright definitively said that every one such actions are unlawful and might be topic to “extreme monetary penalties” within the occasion operations proceed. Whereas the assertion itself is nice, we hope that the CCB and OCM, along with the New York State Legal professional Normal, take actionable steps to close down these unlawful actions.
New York doesn’t and mustn’t have a “gray” market, and the continued (and really open) operation of unlicensed adult-use dispensaries is an insult to reliable potential candidates who’re planning to correctly enter New York’s forthcoming hashish trade.
One other notice on the topic: Chairwoman Wright clarified the contours of permissibly gifting hashish, one other “loophole” utilized by “gray” market operators. True gifting of hashish between adults 21 and older is permissible. “Gifting” hashish in any transactional context, be it in change for a donation or a purchase order of merchandise, is illegitimate.
The CCB and OCM Proceed to Workers Up
The CCB and OCM are “targeted on persevering with to convey prime expertise to the (OCM) and guaranteeing transition of DOH workers to OCM.” The CCB unanimously accepted the primary spherical of hires introduced in the course of the first assembly and Govt Director Chris Alexander has introduced “an extra cohort of advisable hires to the [CCB] for approval.”
Launch of Medical Hashish House Cultivation Laws
Underneath the MRTA, dwelling cultivation of medical hashish is permitted for sufferers within the medical hashish program. The CCB might be releasing the proposed laws, might be topic to 60-day public remark interval.
Licensed sufferers 21 and older might domesticate hashish for private use with a restrict of six vegetation (three mature and three immature). Designated caregivers might domesticate for certified sufferers in accordance with the six plant rule, however can also domesticate one extra hashish plant for every subsequent affected person if they’re cultivating for a number of sufferers.
An essential notice: the laws don’t allow dwelling cultivation for private use for non-medical hashish sufferers. The MRTA gives an 18-month timeframe from the primary adult-use sale to draft and implement adult-use dwelling cultivation guidelines and laws.
Replace on Felony Document Expungement
Govt Director Alexander supplied a collection of statistics on the standing of the expungement of felony information. Two essential actionable objects had been included within the assertion:
- The automated expungement course of should be accomplished inside two years; and
- People whose felony information have been expunged might be prioritized as a part of the appliance course of for adult-use licensure and medical registration course of.
Municipal Decide-Out Replace
Past offering a abstract of the MRTA’s opt-out provisions with respect to adult-use retail dispensary and on-site consumption licenses, the OCM might be offering data on its web site as a part of conserving monitor of which municipalities have opted-out.
Notes on Medical Hashish Discrimination by Landlords
In response to questions by CCB members, Govt Director Alexander famous that the MRTA prohibits landlords from discriminating towards any particular person who’s certified a medical hashish affected person. Nevertheless, landlords can prohibit smoking and/or cultivation of hashish throughout the tenant’s respective unit.
All of this constitutes one other step in the correct path. We (like lots of you) stay pissed off that the timeline for guidelines and laws has not been launched, however the CCB and OCM are taking actionable steps (each administrative and regulatory) towards getting New York’s hashish trade up and operating. We’ll let as quickly because the CCB’s subsequent assembly is introduced. Keep tuned!