As we previously discussed, on March 28, 2023, the United States Court of Appeals for the Second Circuit narrowed the effects of the November Decision and lifted the injunction that prevented the Office of Cannabis Management (“OCM”) from issuing the Conditional Adult Use Retail Dispensary (“CAURD”) Licenses. The decision has enabled the OCM to issue licenses for businesses in Central New York, Western New York, Mid-Hudson and Brooklyn as the court continues to hear the appeal.
The new CAURD licenses
To that effect, on Monday, April 3, 2023, the OCM has awarded 99 more CAURD licenses, including 53 in New York City, specifically: 3 in Brooklyn, 9 in the Bronx, 21 in Manhattan, 17 in Queens and 3 on Staten Island. As of late 2022, the OCM had issued only 36 CAURD licenses throughout the entirety of New York State and only 4 had been issued in New York City. The OCM is clearly increasing their licensing efforts, which many have argued were painfully slow.
The real estate impacts of CAURD licenses
It will be interesting to see how the OCM deals with the real estate issues that comes up with the licensing of so many new dispensaries. The OCM’s award of the additional CAURD licenses did not come with specific addresses or timelines for those dispensaries. Previously, the OCM’s plan was to locate, lease and build-out real estate spaces for dispensaries in which they will place licensees. However, after the slow roll out and delayed efforts by the Dormitory Authority of the State of New York (“DASNY”), the OCM reversed its course and has permitted CAURD licensees to find and use their own real estate.
It is unclear how the OCM and these new CAURD licensees will work together, or in direct competition, for real estate locations that meet the numerous requirements of the OCM and MRTA. Lastly, it will be interesting to see if landlords favor renting directly to the State of New York or these CAURD licensees.
Stay tuned to the Canna Law Blog for updates, and give us a call if you’re interested in applying for a New York cannabis license or working with one of these licensees, as a landlord or otherwise.
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