Office of Cannabis Management issues first 36 recreational marijuana dispensary licenses, including one for north country

Nov. 28—New York's Office of Cannabis Management has awarded the first 36 retail marijuana dispensary licenses, taking the next step in the long process of bringing legalized, regulated recreational cannabis into the state.

Out of 900 applicants, 28 individuals and eight nonprofit organizations received the first Conditional Adult Use Retail Dispensary licenses. Of the 28 individuals, some licenses were given to companies owned by individuals who have prior convictions under New York's defunct criminal marijuana laws, or individuals themselves who have prior convictions. All applicants had to show they formerly owned a profitable business.

The eight nonprofits awarded CAURD licenses are all involved in communities that have been impacted by criminal drug laws.

"With the first adult-use retail dispensary licenses in the hands of businesses and eligible nonprofits, we've ensured the first sales will be made at dispensaries operated by those impacted by the unjust enforcement of cannabis prohibition," said Tremaine Wright, chair on the Cannabis Control Board that oversees the finer points of cannabis policy in New York. "This is just the start. We will continue to work to build an industry that is open to anyone who wants to participate."

In the north country, one license was awarded to Brent L. Rogers, who has a prior drug conviction and operated a property management company for six years. More information about Mr. Rogers, including where he lives and his specific drug charge were not provided by the Office of Cannabis Management.

Other applicants were in New York City, Long Island and the Capital Region, while three licenses were awarded in the Southern Tier, one to the Mohawk Valley and one to Ithaca in the Finger Lakes region.

Licenses were not awarded in Brooklyn, central New York, most of the Finger Lakes, the mid-Hudson region and western New York, after a federal judge issued a temporary stay in light of a legal challenge from an out-of-state organization that argues the rules only allowing those with criminal drug convictions from New York, and continued, long-term connections to the state to receive licenses is discriminatory and a violation of constitutional interstate commerce rules.

All applicants will have to go through another step in the licensing process, establishing exactly where their dispensary will operate. Cities, towns and villages were able to opt out of allowing dispensaries or consumption "lounges" within their borders by Dec. 31 of last year, and many north country municipalities chose not to allow dispensaries within their borders. In Jefferson County, dispensaries and consumption sites are only allowed in 13 villages and towns, while in Lewis County, only the town of Leyden and village of Lyons Falls allow dispensaries or consumption sites. In St. Lawrence County, about 25 towns, villages and the city of Ogdensburg allow dispensaries or consumption sites.

OCM officials project that the first recreational dispensaries approved through their licensing system will be operational by December, with delivery and in-house sales fully running.

Up to 150 licenses for individuals or businesses, plus 25 for nonprofits are expected to be issued by the end of November, while the OCM has not stated how many licenses it intends to issue once this first round is over.

These are not the first dispensaries in New York, and they're not even the first recreational dispensaries, however. Native American tribes across the state, like the St. Regis Mohawk Tribe, have allowed recreational dispensaries for months, since New York officially removed all penalties for use or sale of marijuana. Nearly a dozen tribal-licensed shops are open on tribal lands on both sides of the U.S.-Canada border. A dispensary named after owner and recent cannabis entrepreneur Jim A. Belushi opened in Akwesasne last month, bringing the comedian and actor to the north country for the grand opening.

Growing operations in New York were licensed earlier this year, but growers have thus far had little opportunity to sell their wares. The state-licensed cannabis farms are required to sell their products to state-licensed dispensaries, of which none are yet open. Individuals and businesses are not permitted to both grow and sell marijuana; They must exist on only one side of the market.

The first New York-grown marijuana sold in stores will be grown outside, with steps taken to minimize carbon emissions.

"These entrepreneurs will be selling sun-grown cannabis cultivated with a minimal carbon footprint, and we must continue to ensure that New York's industry remains on an equitable and climate-conscious path well into the future," said Jen Metzger, a member of the Cannabis Control Board.

Also Monday, the Cannabis Control Board advanced a second revision of its packaging and marketing guidelines for marijuana sales, open to public comment until Jan. 23. Until then, a set of generally restrictive emergency regulations on packaging and advertising are in place on an interim basis.

The board requires that products cannot appeal to people under the age of 21 with traditionally cartoon or childish visuals, references to children's characters or appearing like candy, soda or other treats, even if they are marijuana-infused versions of those products.

Packages must be reasonably childproof to the same standards as poisonous products as well.

Advertisements in the media or in public view, including those on dispensary buildings and vehicles, cannot use colloquial terms for marijuana like "pot" or "weed," and cannot show active smoking. Billboards cannot bear marijuana advertisements of any kind.

Generally, advertisements must primarily be intended to inform those who would otherwise buy marijuana illicitly that a legal dispensary exists at a certain address, and must demonstrate that at least 90% of those who will see the ad will be over the age of 21. Websites that host dispensary or marijuana farm advertisements must make a reasonable effort to bar those under the age of 21 from visiting that page.