New York Cannabis Licensing S. 854A — Cannabis Law

Under a bill in New York State, recreational cannabis has been legalized in New York (S854A), and many people that are interested in applying for a license to operate a business within this industry face several questions that they must/should answer before moving forward.

The most important question relates to the Cannabis Business License, and whether you will be looking to apply:

1. Individually; or
2. As a corporation with their principal location in New York State; or
3. As a corporation organized and incorporated within New York State; or
4. Where the majority of the ownership resides within New York State.

No matter which of the above applies, the application will be submitted to the newly formed Cannabis Control Board (made up of 5 members, the chairperson having been nominated by the Governor), which will have the “sole discretion to limit, or not to limit, the number of registrations, licenses and permits of each class to be issued within the State.”

Besides the structure of the application, the Cannabis Control Board will be able to afford priority to many classes of applicant, including:

1. A member of a community that has been disproportionately impacted by the enforcement of cannabis prohibition;
2. An applicant with an income lower than eighty percent (80%) of the median income level of the county where the applicant resides;