The first licenses to sell recreational marijuana in New York will go to people who were casualties of the war on drugs, state …
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But it’s not fair, having a cannabis conviction is only one small aspect. Read the law code your self. No regular everyday person with a cannabis conviction has the money or resources to get into the business.
§ 116.4 License Eligibility and Evaluation. (a) Eligibility. The following minimum requirements must be met to become an eligible applicant for this license: (1) an applicant must demonstrate: (i) a significant presence in New York State, either individually or by having a principal corporate location in the state: (ii) it is incorporated or otherwise organized under the laws of New York State; or 22
(iii) a majority of the ownership of the applicant are residents of New York State by being physically present in the state no less than 180 calendar days during the current year or 540 calendar days over the course of three years; (2) if the applicant is an individual, or an entity with one or more individuals, at least one individual must: (i) be justice involved, which means an individual that: (a) was convicted of a marihuana-related offense in New York State prior to the thirty-first of March two thousand twenty-one; or (b) had a parent, legal guardian, child, spouse, or dependent who was convicted of a marihuana-related offense in New York State prior to the thirty-first of March two thousand twenty-one; or (c) was a dependent of an individual who was convicted of a marihuana-related offense in New York State prior to the thirty-first of March two thousand twenty-one; (ii) provide evidence of the primary residence of the justice involved individual at the time of such individual’s arrest or conviction; and 23
(iii) hold or have held, for a minimum of two years, at least ten percent ownership interest in, and control of, a qualifying business, which means a business that had net profit for at least two of the years the business was in operation; or (3) if the applicant is a nonprofit organization, the nonprofit organization must: (i) be recognized as an entity pursuant to section 501(c)(3) of the Internal Revenue Code; (ii) intentionally serve justice involved individuals and communities with historically high rates of arrest, conviction, incarceration or other indicators of law enforcement activity for marihuana-related offenses; (iii) operate and manage a social enterprise that had at least two years of positive net assets or profit as evidenced in the organization’s tax returns; (iv) have a history of creating vocational opportunity for justice involved individuals; (v) have justice involved individuals on its board or as officers; and (vi) have at least five full time employees. (b) Applicant Ownership and Control Minimums. 24
(1) At least 51% or more of the applicant shall be owned, in the aggregate, by (i) at least one individual that satisfies the requirements for an eligible applicant set forth in sections 116.4(a)(1) and 116.4(a)(2), or entity that satisfies the requirements for an eligible applicant set forth in sections 116.4(a)(1) and 116.4(a)(3) of this Part, and (ii) any other additional individuals, if any, who are justice involved; (2) At least one individual that satisfies the requirements for an eligible applicant set forth in sections 116.4(a)(1) and 116.4(a)(2), or entity that satisfies the requirements for an eligible applicant set forth in sections 116.4(a)(1) and 116.4(a)(3) of this Part shall own at least 30% of the applicant and such individual or entity shall have sole control of the applicant or licensee; (c) Evaluation. An eligible applicant shall be evaluated based on any of the following criteria which shall be weighted as determined by the Office: (1) if the applicant is an individual, or an entity of one or more individuals, whether the justice involved individual was themselves convicted of a marihuana-related offense as set forth in section 116.4(a)(2)(i)(a) of this Part; (2) the justice involved individual’s primary residence at the time of such individual’s arrest or conviction: (i) relative to areas with historically high rates of arrest, conviction, or incarceration for marihuana-related offenses; 25
(ii) relative to areas with historically low median income, or (iii) was provided by a public housing authority in New York State or New York City; and (3) the qualifying business based on: (i) the number of employees employed by the business; (ii) the number of years the business has been in operation; (iii) the profitability of the business; (iv) type of business and whether the business was a retail business, or sold products or services directly to the end-consumer; (v) whether the business had a physical location; (vi) whether the business received or resolved any violations, fines or fees assessed against the business by state or federal regulatory authorities; or (4) any other factors as determined by the Office. 26
(d) The office may create regional geographic zones for the scoring of applicants. Applicants may be asked to rank a number of preferences of regional geographic zones to be considered for a license. For regional geographical zones where there are more applicants than available licenses, the Office may select from eligible applicants who indicated first preference for the given region based on weighted scoring of the evaluation criteria set out above. In the event there is a tie between two or more candidates or there are more applicants than available licenses after the evaluation criteria has been applied, the Office is authorized to use a random selection process to identify the final applicants to recommend to the Board for licensure. § 116.5 Denials. (a) Notwithstanding an applicant satisfying the requirements set forth in this Part, the application shall be denied where an applicant or eligible applicant, or any true party of interest of the applicant: (1) has submitted an application that contains inconsistent information; (2) failed to submit the materials required by this Part within the specified time allotted; (3) failed to submit fingerprints for purposes of providing a criminal history report required pursuant to section 138 of the Cannabis Law; (4) is a person forbidden to traffic cannabis as set forth in section 137 of the Cannabis Law; 27
(5) has demonstrated prior business practices and financial arrangements that may not comply with state and local laws incidental to the cannabis industry; (6) has had a license associated with cannabis cancelled, revoked or suspended in any other state or jurisdiction; (7) creates or enhances the dangers of unlawful practices, methods and activities in the cannabis industry, including, but limited to, product inversion or diversion; (8) is delinquent in filing any required tax returns or paying any amount owed to any local, state or federal government; (9) causes a violation of Sections 72 or 85 of the Cannabis Law; or (10) is not a person of good moral character. §116.6 Application for Renewal or Transition. (a) Renewal: (1) Applicant shall comply with all applicable state and local laws, regulations, and guidance relating to the licensed activities for renewal of its license. 28
(2) Prior to the expiration of the first renewal date, licensee shall submit an application to renew the license as prescribed by the Office and include such information and fees, if any, as the Office may require. (3) Upon request for renewal, the Office shall consider the licensee's history of compliance with the requirements of this part and applicable state and local laws, regulations, and guidance. (4) The Board may deny a renewal after consideration of the licensee’s history of compliance. (b) Transition: (1) After the conditional period, to continue to conduct the activities licensed under this Part, a licensee may apply to transition to an adult-use retail dispensary license issued by the Board. (2) One hundred twenty calendar days prior to the expiration of the conditional period, licensee shall notify the Office of its intent to continue the activities licensed under this Part beyond the expiration of the conditional period. (3) The Office shall consider the licensee's history of compliance with applicable state and local laws, regulations, and guidance, including, but not limited to, whether the applicant has served the community in which it is located, to determine whether the licensee may transition to 29
an adult-use retail dispensary license approved by the Board upon the expiration of the conditional period. (4) The review shall conclude prior to the expiration of the conditional period, unless otherwise extended by the Office. (5) The Board may deny a transition after consideration of the licensee’s history of compliance.
Application fees: In New York, obtaining a cannabis producer/dispensary business license costs $210,000. If your application is denied, you will receive a refund of $200,000. License fees: In New York, a producer/dispensary license costs $200,000, and you must renew your license every two years.
NOW HOW ARE CONVICTED CRIMINALS THE FIRST IN LINE IF IT COSTS THAT MUCH?…. SOUNDS LIKE IF YOU HAVE THAT MUCH MONEY TO PAY FOR YOUR LICENSE APPLICATION AND FEES THE FIRST QUESTION THAT WOULD AND SHOULD BE ASKED IS PROOF OF INCOME AND HOW YOU ACQUIRED THE MONEY FOR THE APPLICATION IF YOU ARE A EX-CRIMINAL OR CURRENTLY A CRIMINAL. IF YOU HAVE THAT MUCH MONEY AS A EX-CON THEN YOU MADE FAR MORE MONEY OFF THE STREET THAN WORKING LEGALLY BECAUSE THERE'S NO WAY A AVERAGE EVERYDAY WEED MAN HAS $200,000 JUST LYING AROUND. NOW IF YOU ARE SELLING THINGS OTHER THAN WEED THEN IT MAKES SENSE BUT SELLING WEED OR HAVING LEGAL EMPLOYMENT WON'T GET YOU INTO THE LEGAL WORLD OF WEED DISTRIBUTION AND LEGAL SALES
But it’s not fair, having a cannabis conviction is only one small aspect. Read the law code your self. No regular everyday person with a cannabis conviction has the money or resources to get into the business.
§ 116.4 License Eligibility and Evaluation.
(a) Eligibility. The following minimum requirements must be met to become an eligible applicant for this license:
(1) an applicant must demonstrate:
(i) a significant presence in New York State, either individually or by having a principal corporate location in the state:
(ii) it is incorporated or otherwise organized under the laws of New York State; or
22
(iii) a majority of the ownership of the applicant are residents of New York State by being physically present in the state no less than 180 calendar days during the current year or 540 calendar days over the course of three years;
(2) if the applicant is an individual, or an entity with one or more individuals, at least one individual must:
(i) be justice involved, which means an individual that:
(a) was convicted of a marihuana-related offense in New York State prior to the thirty-first of March two thousand twenty-one; or
(b) had a parent, legal guardian, child, spouse, or dependent who was convicted of a marihuana-related offense in New York State prior to the thirty-first of March two thousand twenty-one; or
(c) was a dependent of an individual who was convicted of a marihuana-related offense in New York State prior to the thirty-first of March two thousand twenty-one;
(ii) provide evidence of the primary residence of the justice involved individual at the time of such individual’s arrest or conviction; and
23
(iii) hold or have held, for a minimum of two years, at least ten percent ownership interest in, and control of, a qualifying business, which means a business that had net profit for at least two of the years the business was in operation; or
(3) if the applicant is a nonprofit organization, the nonprofit organization must:
(i) be recognized as an entity pursuant to section 501(c)(3) of the Internal Revenue Code;
(ii) intentionally serve justice involved individuals and communities with historically high
rates of arrest, conviction, incarceration or other indicators of law enforcement activity for marihuana-related offenses;
(iii) operate and manage a social enterprise that had at least two years of positive net assets or profit as evidenced in the organization’s tax returns;
(iv) have a history of creating vocational opportunity for justice involved individuals;
(v) have justice involved individuals on its board or as officers; and
(vi) have at least five full time employees.
(b) Applicant Ownership and Control Minimums.
24
(1) At least 51% or more of the applicant shall be owned, in the aggregate, by (i) at least one individual that satisfies the requirements for an eligible applicant set forth in sections 116.4(a)(1) and 116.4(a)(2), or entity that satisfies the requirements for an eligible applicant set forth in sections 116.4(a)(1) and 116.4(a)(3) of this Part, and (ii) any other additional individuals, if any, who are justice involved;
(2) At least one individual that satisfies the requirements for an eligible applicant set forth in sections 116.4(a)(1) and 116.4(a)(2), or entity that satisfies the requirements for an eligible applicant set forth in sections 116.4(a)(1) and 116.4(a)(3) of this Part shall own at least 30% of the applicant and such individual or entity shall have sole control of the applicant or licensee;
(c) Evaluation. An eligible applicant shall be evaluated based on any of the following criteria which shall be weighted as determined by the Office:
(1) if the applicant is an individual, or an entity of one or more individuals, whether the justice involved individual was themselves convicted of a marihuana-related offense as set forth in section 116.4(a)(2)(i)(a) of this Part;
(2) the justice involved individual’s primary residence at the time of such individual’s arrest or conviction:
(i) relative to areas with historically high rates of arrest, conviction, or incarceration for marihuana-related offenses;
25
(ii) relative to areas with historically low median income, or
(iii) was provided by a public housing authority in New York State or New York City; and
(3) the qualifying business based on:
(i) the number of employees employed by the business;
(ii) the number of years the business has been in operation;
(iii) the profitability of the business;
(iv) type of business and whether the business was a retail business, or sold products or
services directly to the end-consumer;
(v) whether the business had a physical location;
(vi) whether the business received or resolved any violations, fines or fees assessed against
the business by state or federal regulatory authorities; or
(4) any other factors as determined by the Office.
26
(d) The office may create regional geographic zones for the scoring of applicants. Applicants may be asked to rank a number of preferences of regional geographic zones to be considered for a license. For regional geographical zones where there are more applicants than available licenses, the Office may select from eligible applicants who indicated first preference for the given region based on weighted scoring of the evaluation criteria set out above. In the event there is a tie between two or more candidates or there are more applicants than available licenses after the evaluation criteria has been applied, the Office is authorized to use a random selection process to identify the final applicants to recommend to the Board for licensure.
§ 116.5 Denials.
(a) Notwithstanding an applicant satisfying the requirements set forth in this Part, the application shall be denied where an applicant or eligible applicant, or any true party of interest of the applicant:
(1) has submitted an application that contains inconsistent information;
(2) failed to submit the materials required by this Part within the specified time allotted;
(3) failed to submit fingerprints for purposes of providing a criminal history report required
pursuant to section 138 of the Cannabis Law;
(4) is a person forbidden to traffic cannabis as set forth in section 137 of the Cannabis Law;
27
(5) has demonstrated prior business practices and financial arrangements that may not comply with state and local laws incidental to the cannabis industry;
(6) has had a license associated with cannabis cancelled, revoked or suspended in any other state or jurisdiction;
(7) creates or enhances the dangers of unlawful practices, methods and activities in the cannabis industry, including, but limited to, product inversion or diversion;
(8) is delinquent in filing any required tax returns or paying any amount owed to any local, state or federal government;
(9) causes a violation of Sections 72 or 85 of the Cannabis Law; or
(10) is not a person of good moral character.
§116.6 Application for Renewal or Transition.
(a) Renewal:
(1) Applicant shall comply with all applicable state and local laws, regulations, and guidance relating to the licensed activities for renewal of its license.
28
(2) Prior to the expiration of the first renewal date, licensee shall submit an application to renew the license as prescribed by the Office and include such information and fees, if any, as the Office may require.
(3) Upon request for renewal, the Office shall consider the licensee's history of compliance with the requirements of this part and applicable state and local laws, regulations, and guidance.
(4) The Board may deny a renewal after consideration of the licensee’s history of compliance.
(b) Transition:
(1) After the conditional period, to continue to conduct the activities licensed under this Part, a licensee may apply to transition to an adult-use retail dispensary license issued by the Board.
(2) One hundred twenty calendar days prior to the expiration of the conditional period, licensee shall notify the Office of its intent to continue the activities licensed under this Part beyond the expiration of the conditional period.
(3) The Office shall consider the licensee's history of compliance with applicable state and local laws, regulations, and guidance, including, but not limited to, whether the applicant has served the community in which it is located, to determine whether the licensee may transition to
29
an adult-use retail dispensary license approved by the Board upon the expiration of the conditional period.
(4) The review shall conclude prior to the expiration of the conditional period, unless otherwise extended by the Office.
(5) The Board may deny a transition after consideration of the licensee’s history of compliance.
No one cares
Our state stinks enough, now this.
Here's THE TRUTH
Application fees: In New York, obtaining a cannabis producer/dispensary business license costs $210,000. If your application is denied, you will receive a refund of $200,000. License fees: In New York, a producer/dispensary license costs $200,000, and you must renew your license every two years.
NOW HOW ARE CONVICTED CRIMINALS THE FIRST IN LINE IF IT COSTS THAT MUCH?…. SOUNDS LIKE IF YOU HAVE THAT MUCH MONEY TO PAY FOR YOUR LICENSE APPLICATION AND FEES THE FIRST QUESTION THAT WOULD AND SHOULD BE ASKED IS PROOF OF INCOME AND HOW YOU ACQUIRED THE MONEY FOR THE APPLICATION IF YOU ARE A EX-CRIMINAL OR CURRENTLY A CRIMINAL. IF YOU HAVE THAT MUCH MONEY AS A EX-CON THEN YOU MADE FAR MORE MONEY OFF THE STREET THAN WORKING LEGALLY BECAUSE THERE'S NO WAY A AVERAGE EVERYDAY WEED MAN HAS $200,000 JUST LYING AROUND. NOW IF YOU ARE SELLING THINGS OTHER THAN WEED THEN IT MAKES SENSE BUT SELLING WEED OR HAVING LEGAL EMPLOYMENT WON'T GET YOU INTO THE LEGAL WORLD OF WEED DISTRIBUTION AND LEGAL SALES
Legalize crime, then license theB lacks to profit from it….
I'll never buy weed from a black. I support White-owned businesses, and that's it!!!
Who's hiring samplers? 🤣🤣