Cannabis Update – CAURD Application Deadline Arrives, Home Cultivation of Medical Cannabis Regulations Approved & Amendments to Cannabinoid Hemp Regulations Approved

The deadline for individuals to submit applications for New York’s first Conditional Adult-Use Retail Dispensary (CAURD) licenses has passed. Applicants had until 11:59 P.M. on September 26th to submit their applications. To qualify for a CAURD license, applicants need to have personally received – or have a parent, guardian, child, spouse or dependent who has received – a marijuana conviction before April 2021 and need to show proof that they have previously owned and operated a business that was profitable for at least two years. The Office of Cannabis Management (OCM) is looking to issue between 150 and 200 CAURD licenses, but have not given a date as to when the first approved licenses will be announced.

On Tuesday, October 20th, the Cannabis Control Board held a meeting where they approved amended home grow rules for medical cannabis. Under the approved rules, certified patients and designated caregivers 21-years of age and older will be allowed to grow up to three mature and three immature cannabis plants in their home at one time. The rules also allow designated caregivers to grow up to six mature and six immature plants at one home if they are growing the plants for multiple patients.  “We are creating opportunities for patients across the state to access the medicine they need on their own terms, giving those individuals autonomy over how they choose to get their medicine, whether it be from the comfort of their own backyards or at their neighborhood medical dispensary,” said Cannabis Control Board Chair Tremaine Wright. The new rules will take effect on October 5th. You can find the full medical home cultivations regulations here: https://cannabis.ny.gov/system/files/documents/2022/09/part-115-personal-home-cultivation-of-medical-cannabis.pdf

The Board also approved amended Cannabinoid Hemp regulations after they had undergone a public comment period. Key provisions of the amended regulations include:

  • The creation of a new license type to make it easier for licensed New York hemp farmers to manufacture and sell their own cannabinoid hemp flower products to duly licensed retailers or sell flower products themselves if they have a retail license;
  • The removal of a requirement that cannabinoid hemp products be shelf-stable, which allows for a broader array of products;
  • New requirements for the use of the term “craft” in the labeling and marketing of cannabinoid hemp products; and
  • Raising the per-serving milligram cap for dietary supplement cannabinoid hemp products from 75 mg to 100 mg.

The amended cannabinoid hemp regulations will also go into effect on October 5th, and can be found here: https://cannabis.ny.gov/system/files/documents/2022/09/part-114-cannabinoid-hemp-regulations.pdf