(Albany, New York) – On March 30, 2021, the New York State Legislature made history by approving the Marijuana Regulation and Taxation Act (MRTA) with significant majorities in both the Senate and Assembly. The following day, Governor Andrew Cuomo signed the bill into law, officially ending cannabis prohibition in New York and joining the ranks of the 16 states that have taken this progressive step. The MRTA not only legalized cannabis but also included provisions for automatic expungement, community reinvestment, and ensuring equity in the industry.

New York became the third state to legalize cannabis through its state legislature, following Illinois and Vermont. Since the MRTA came into effect, adults over 21 have been allowed to possess up to three ounces of cannabis and 24 grams of concentrate. To regulate the industry, the Cannabis Control Board (CCB) was established, overseeing the Office of Cannabis Management (OCM). Governor Kathy Hochul appointed Christopher Alexander as the executive director of the OCM and Tremaine Wright as the chair of the Cannabis Control Board.

Significant progress has been made in expanding access to medical cannabis in New York. On January 24, 2022, the OCM expanded the medical cannabis program, enabling doctors to recommend cannabis for any condition, beyond the limited number of conditions previously permitted. Moreover, on October 5, 2022, medical cannabis patients aged 21 and over gained the right to grow their own cannabis at home. The Cannabis Control Board set the limit of three mature plants and three immature plants for personal cultivation. Caregivers were also permitted to grow cannabis for up to four patients.

After much anticipation, New York finally launched cannabis sales to adults on December 29, 2022. Under the state’s legalization law, adults over 21 can purchase up to 3 ounces of cannabis or 24 grams of cannabis concentrate.

However, the process of licensing adult-use retailers has faced challenges, resulting in a slow rollout. New York aimed to create an equitable market that prioritizes communities most impacted by cannabis prohibition. While the MRTA set a goal of allocating 50% of adult-use licenses to social and economic equity applicants, progress has been hindered by litigation, limited capital, and delays from the Office of Cannabis Management. To address these issues, the OCM has announced an increase in conditional retail licenses, hoping to expedite the entry of more retailers into the market in 2023.

Despite the challenges, New York remains committed to building an inclusive and thriving cannabis industry that benefits all stakeholders. As the state continues to refine regulations and expand licensing opportunities, the vision of a vibrant and equitable adult-use market in New York draws closer.