We recently got on our soap box about the importance of hiring a New York cannabis attorney. The catalyst for that post was the question of whether applicants for New York’s Conditional Adult-Use Retail Dispensary (CAURD) license can select their own real estate. We have an answer: no.
A brief refresher of the drama. Section 116.7(b)(6) of the CAURD regulations made it a condition of licensure that the licensee “[accept] a dispensary location identified by the fund or office[.]” The Office of Cannabis Management (OCM) published supplemental licensing materials that contained conflicting guidance.
The OCM’s CAURD FAQ contained the following question and answer:
31. Can I choose where my CAURD licensed retail dispensary will be located?
Applicants who are selected will be assigned a retail dispensary location in one of the fourteen (14) geographic regions of NYS. When applying you will be asked to indicate which region(s) of the State you would prefer to be assigned a license in. You will be able to rank your top five (5) preferred regions. You will not be able to choose the specific street address or neighborhood for this dispensary. Provisional licensees will be able to share their preferences among the available locations