New York
Last Updated: December 2023
Programs
Dispensaries
Medical
- 10 Registered Organizations (Medical Marijuana)
- Each Registered Organization may operate 4 dispensary locations
- Currently two (Citiva Medical LLC and Fiorello Pharmaceuticals) operate only 3 dispensary locations
- 9/10 offer home delivery
- Not MedMen, Inc
- Registered Organization Locations
Adult Use
- Adult-use Cultivator
- Adult-use Nursery
- Adult-use Processor
- Adult-use Distributor
- Adult-use Cooperative
- Adult-use Microbusiness
- Adult-use Retail Dispensary
- Adult-use On-site Consumption
- Adult-use Delivery
- Registered Organization Adult-use Cultivator Processors Distributor Retail Dispensary
- Registered Organization Adult-use Cultivator Processor Distributor
Geography
- Vermont – Medical and Adult
- Massachusetts – Medical and Adult
- Connecticut – Medical and Adult
- New Jersey – Medical and Adult
- Pennsylvania – Medical ONLY
Regulatory Agencies
New York State Office of Cannabis Management
April 28, 2022
Financial Institutions
- Banks: 224
- Credit Unions: 323
Banking Guidance
Governor Directs Department of Financial Services to Encourage New York State-Chartered Banks and Credit Unions to Provide Banking Services for New York’s Regulated Medical Marijuana and Industrial Hemp Businesses
DFS Will Not Impose Regulatory Action on Any New York State-Chartered Bank or Credit Union for Establishing a Banking Relationship with a Medical Marijuana-Related Business That Complies with Federal and State Laws.
“[The Department of Financial Services] will not impose any regulatory action on any New York State chartered bank or credit union for establishing a banking relationship with a medical marijuana-related business that operates a compliant business in New York, as long as the New York State chartered bank or credit union complies with the requirements of:
- The 2014 Financial Crimes Enforcement Network guidance;
- The guidance and priorities set forth in the Department of Justice’s 2013 memorandum from Deputy Attorney General James M. Cole; and;
- Is subject to the institution’s own evaluation of the risks associated with offering products and services and its ability and systems to effectively manage those risks – as all DFS-regulated institutions do with regard to all their banking relationships.”
Senator Cooney Introduces Tax Bill to Allow Licensed Cannabis Business Owners to Deduct Business Expenses – this would allow licensed adult-use cannabis establishments to deduct business expenses when filing state taxes.
April 28, 2022
Regulatory
- Compassionate Care Act
- Marijuana prices must be approved by the Department of Health.
- New York State Worker’s Compensation Board allows for reimbursement of medical marijuana treatment.
Patients
Medical Marijuana Supply
Patients can purchase up to a 30-day supply of medical marijuana. The practitioner can limit dosing recommendations, and/or issue the certification for a specified date that is less than a year. The exact amount of marijuana to be purchased is determined by the physician.
- Prohibited: flower (intact flower – ground flower is acceptable), edibles
- Most common condition: Chronic Pain (~50%)
- Public List of Consenting Medical Marijuana Program Practitioners
Certified patients registering with the Department’s Medical Marijuana Program may designate up to 2 (two) caregivers. The designated caregiver must also register with the Department to receive a registry identification card. Designated caregivers with a valid registry identification card may assist the patient with the possession, acquisition, delivery, transfer, transportation and/or administration of approved medical marijuana products.
April 28, 2022
- New York’s Adult Use Program was legalized in March 2021.
- Municipalities can opt-out from participating in the adult use program until December 31, 2021.
- The Marihuana Regulation & Taxation Act – Section 440.46-A: Creates automatic expungement or resentencing for anyone with a previous marihuana conviction that would now be legal under the law.
- Adults 21 or older are allowed to buy up to:
- 3 ounces of cannabis flower.
- 24 grams of concentrated cannabis (oils, tinctures, edibles, vapes, etc.)
- Home Cultivation:
- Adults 21 years or older can grow up to 6 (six) plants in their home for personal use.
- 3 (three) mature plants and 3 (immature plants).
- The maximum is 12 (twelve) plants per household – 6 (six) mature plants and 6 (six) immature plants.
- Home cultivation of cannabis plants is not allowed immediately. Pursuant to MRTA, the home cultivation of cannabis plants may only be permitted after the Office of Cannabis Management issues regulations governing home cultivation of cannabis, which must be no later than 18 months after the first adult-use retail sale.
- Local municipalities may enact and enforce regulations relating to home cultivation of cannabis provided, no municipality may completely ban or prohibit home cultivation. Cities, towns, and villages can also opt-out of allowing adult-use cannabis retail dispensaries or on-site consumption licenses from locating within their jurisdictions. Municipalities cannot opt-out of adult-use legalization. To opt-out of allowing adult-use cannabis retail dispensaries or on-site consumption licenses, a municipality must pass a local law by December 31, 2021 or 9 (nine) months after the effective date of the legislation.
- Adults 21 years or older can grow up to 6 (six) plants in their home for personal use.
- Legal sales are expected to begin in late 2022 at the earliest.
Hemp Program
- February 22, 2022 – the Adult-Use Conditional Cultivator License was signed into law. This allows eligible hemp growers and processors to apply to grow, process and manufacture products containing over 0.3% THC for the upcoming adult-use market in New York:
April 28, 2022
Cannabis – Adult
Taxes:
Hemp:
License types:
Subscribe for Notifications:
https://cannabis.ny.gov/ https://cannabis.ny.gov/sign_up_for_updates_from_OCM
Contacts:
Phone:
1-888-OCM-5151 (1-888-626-5151)
Phone: (hemp):
1-866-697-4367
Cannabis – Medical
Taxes:
Subscribe for Notifications:
https://cannabis.ny.gov/ https://cannabis.ny.gov/sign_up_for_updates_from_OCM
Contacts:
Phone:
844-863-9312
Fax:
Questions can also be emailed to:
medical@ocm.ny.gov
State Banking Regulatory Authority
New York Department of Financial Services
New York City – Main Office
New York State Department of Financial Services
1 State Street
New York, NY 10004-1511
Albany
New York State Department of Financial Services
1 Commerce Plaza
Albany, NY 12257
Buffalo
535 Washington Street, Suite 305
Buffalo, New York 14203″
Garden City
1399 Franklin Avenue
Suite 203
Garden City, NY 11530
Oneonta
New York State Department of Financial Services
28 Hill Street, Room 210
Oneonta, NY 13820
Syracuse
New York State Department of Financial Services
333 East Washington Street
Syracuse, NY 13202
Email:
counsel@dfs.ny.gov Legal Inquiries
Phone:
(212) 480-6400 or (518) 474-6600
Weekly Banking Bulletins:
https://www.dfs.ny.gov/reports_and_publications/weekly_bulletins_2022
Email:
Subscribe to Press Releases
public-affairs@dfs.ny.gov?subject=Subscribe%20to%20Press%20Releases
State Laws and Regulations:
New York Codes, Rules and Regulations:
https://govt.westlaw.com/nycrr/Index?bhcp=1&transitionType=Default&contextData=%28sc.Default%29
