This post was originally published on this site.
Join NY Cannabis Insider for our next full-day conference on Nov. 16 at the Sonesta White Plains.
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 Oct. 4 has been edited for length and clarity. Hoffman’s next AMA is on Oct. 18 at 4:20 p.m.
Can you explain in more depth what the notice to municipality for the retail license consists of?
It’s a form which you can get on the OCM website used to notify the municipality via the appropriate body (here in New York City, the appropriate body is the Community Board) which oversees the jurisdiction where your store will be.
And all it does is simply notify the municipality that you intend to apply for a cannabis license at the given address.
They may then ask you to make a presentation, and they may also put a letter in to OCM with your application. It is very similar to what we do for liquor licenses.
Do we need a corporation established for a year to get a license?
You do not. You could form it right now and apply with that entity.
What strains are certified by New York State?
None, because New York State does not certify strains.
How can a tax non-filer prove income for the cannabis application?
It’s really tough. Tax returns are the best way to go. Other than that perhaps pay stubs or bank account statements – but if you’re a non-filer, maybe you don’t have bank accounts either.
What’s your take on the governor’s announcement about upping the pressure on the unlicensed stores?
The most interesting part was that it seems they are going to start educating all of the localities about how to go through the process of putting padlocks on doors.
What do you think will happen in New York with D9 beverages?
I think for now the emergency hemp regs say they are out. But there’s a lawsuit about it now basically saying that the Farm Bill preempts whatever New York has to say about the topic. And the emergency reg itself expires in November. Stay tuned.
What credentials do I need to sell edibles in New York?
Among other things, you need a retail dispensary license or a micro license with retail and the appropriate tax certificates.