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Jeffrey Hoffman is a New York City-based attorney who hosts “Ask Me Anything about Cannabis Legalization in New York” each week on LinkedIn. Hoffman and NY Cannabis Insider have partnered to bring those sessions into print in a Q&A format.
Hoffman’s practice focuses on cannabis industry clients, including licensees in the adult-use market, practitioners in the medical cannabis space, and cannabis-adjacent product and service providers.
He has a particular interest in social and economic equity cannabis license applicants, and he also informs and assists those convicted of cannabis offenses in getting such convictions expunged from their record. He can be reached at info@420jurist.com.
The following AMA from June 21 has been edited for length and clarity. His next AMA will be held June 28 at 4:20 p.m.
Do you think the farmers’ market program is a go?
It’s a good question. It’s taken them a while to do it. It seems there’s still some negotiations about it, I would have thought if it was going to happen, it would have already happened, that this would have been something they could have settled on pretty quickly.
My understanding was that originally, they only wanted to do the farmers’ markets to sell through the first harvest of product. They were going to sunset it, I think sometime this Fall, if I remember what I saw originally about it, maybe that has changed.
But if they’re going to do it, they need to get it on already. The product that you’re looking to sell is not getting better while we’re waiting for you to do it.
Can a brand-only company legally operate without a cannabis business license?
Yes, a brand can do a deal with a processor here in the state of New York. The brand does become a TPI of the processor. And this is why the retail stores here in New York cannot have a house brand – they can’t be a TPI of anyone in the supply tier. But a straight brand – if you want to do that, you simply do a deal with a processor. You give them your formulation and the processor makes your product and then puts it into the chain of commerce.
How does it work for anyone in the state of New York to do dealings with the tribal nations?
Just remember – they are not in New York. They are sovereign territory, and they can make their own rules. So the tribal nations can absolutely grow on their land. They can process on their land, they can have retail dispensaries on their property – the Shinnecock are doing that out on Long Island.
But as far as anyone in the state of New York licensed by the state of New York doing a deal with them, either the legislature would have to specifically permit it, like the AUCCs selling to them, or a compact between the CCB and the tribal nations as called for in MRTA.
Do you think the dream of a CAURD licensee having three dispensaries will ever come to fruition?
Absolutely. 100%. They won’t be CAURD licenses, I think there’s only going to be one CAURD license for each person. And then, if the CAURD licensee operates that store successfully, no cannabis going out the back door, all taxes paid, etc, etc, then I think those licensees will be first in line to get second and third stores. Who does a regulator want to give a license to? The number one group that a regulator wants to give a license to is somebody that they’ve already given a license to who is killing it. I absolutely think that those businesses and those licensees will eventually get second and third retail storefronts.
Hebrew National or Nathan’s?
I mean, are you serious? Are you even asking me that? I was part of the team that had 60 Nathan’s Famous hot dog carts here in New York City before COVID. So you’re asking me Hebrew National or Nathan’s? What about Sabrett? Who are we kidding – Nathan’s all the way.