At the October, 2021 meeting of the Westchester County Bar Association’s Cannabis Committee, David Hall Esq. engaged in a detailed discussion of new common law, regulations and statutes surrounding the growth, distribution and use of cannabis in New York. To date, the cannabis industry has had more questions than answers when it comes to operating a cannabis business in New York. However, that is beginning to change.
For example, The New York State Cannabis Control Board recently issued three important rulings:
First, “free samples” are now considered illegal. Some stores have been providing small amounts of marijuana to their customers. This practice will now be subject to severe financial penalties.
Second, regulations for “home grown” cannabis for medicinal purposes were released. The Board ruled that certified patients and their designated caregivers may grow at their home for personal medical use six plants (three mature and three immature) per person. The age requirement is 21 years old. There will be a 60-day public comment period for these regulations.
Third, local jurisdictions now have until March 31, 2023 to complete their expungement procedures. The purpose of these criminal justice reforms is to eradicate criminal records related to marijuana usage.
These rulings demonstrate that the newly formed Cannabis Control Board is beginning to build a regulatory framework in which the industry can operate. While previous resolutions from the Board were focused on appointments and related administrative matters, these recent regulations are the Board’s first steps toward implementing New York’s Marijuana Regulation and Taxation Act (MRTA), Senate Bill S854A, enacted March 31, 2021.
The Cannabis Control Board’s regulations offer guidance to cannabis businesses so that they understand the parameters in which they will need to operate. David Hall Esq. and the attorneys at Betensky Law PLLC remain committed to keeping abreast of these regulations as they are issued so that we can provide sound legal advice to experienced operators already in the business, or individuals looking to enter the business for the first time and vying to be “first to market.”
We look forward to providing more information as it becomes available.
For questions about cannabis law in New York or general information about our firm, please contact us at (914) 338-8050 or send an e-mail to email@example.com. We look forward to hearing from you.
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