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On January 19, 2021, as part of his budget request for 2021, New York State Governor Cuomo released his proposed cannabis legislation. Cuomo has twice before attempted to enact the policy change through previous budgets, but both times his efforts have failed. As for his third attempt, the administration and legislatures seem more confident that the legislation will advance. While a significant portion of the current bill reflects previous versions, there are some differences of note.
The Office of Cannabis Management
Like last year’s proposal, the new bill calls for the creation of the Office of Cannabis Management ("OCM"), which would be within the Division of Alcohol Beverage Control. OCM would consist of an executive director and a separate board with one chairperson and four other voting members. The executive director would be tasked with administering the program and appointing a deputy director of health and safety as well as a deputy director of social and economic equity. The members of the board would give approval on matters such as: the social and economic equity program; the types and number of licenses to be issued; and price quotas and controls. Like last year’s proposal, the new legislation comprehensively sets out the broad requirements and minimum standards of the program, but leaves the details of the rules and regulations to be promulgated by OCM.