Conditional Adult-Use Retail Dispensary Applications

New York has started to accept applications for their Conditional Adult-Use Retail Dispensary (CAURD) licenses and will continue to do so until September 26, 2022. These licenses are for establishing businesses owned by “justice-involved” individuals. Two questions that this brings to mind are:

1. When will applications be considered, and

2. What is a “Justice-Involved” individual?

1. When will the applications be reviewed?

According to the Office of Cannabis Management, all the license applications will be considered together, after the close of the application period. No licenses will be issued before that time (September 26, 2022). That means that there is no benefit to an early application but should an individual wish to file for a CAURD license, then they need to ensure that they are submitted no later than the final date.

2. What does it mean to be Justice Involved?

According to the NYS Cannabis Website, a Justice Involved individual is, “someone who has been convicted of a marihuana-related offense in New York State before March 31, 2021, someone whose parent, spouse, child, legal guardian, or dependent has been convicted of a marihuana-related offense in New York State before March 31, 2021; or someone who is the dependent of someone who has been convicted of a marihuana-related offense in New York State before March 31, 2021.” Individuals who can provide evidence that they (or a family member or dependent, etc.) were arrested for a marijuana-related offense but were convicted of another offense, would also be considered.

To determine a marijuana related offense, you need to review Section 137 of NYS Cannabis Law, which defines the offense as:

• An offense described under article 221 of the New York State Penal Law (Offenses Involving Marihuana) prior to its repeal on March 31, 2021; or  
• An offense described under article 220 or section 240.36 of the Penal Law where the substance involved was Marihuana, that occurred prior to the creation of article 221 in 1977; or  
• An arrest for an offense as described above that ultimately led to a conviction for another offense, such as a non-drug offense or lesser offense by means of a plea deal or other mechanism.   

(Please see the text of the Cannabis Law for more details).

To learn more about the CAURD Application Process, please visit the NYS Cannabis Website (https://cannabis.ny.gov/caurd) or contact Parlatore Law Group’s Cannabis team for more information or assistance.