New York’s state Legislature ended the 2021 session last week without acting on a vital section of the recent law legalizing marijuana. The lack of action will add to delays the industry is experiencing for the new recreational cannabis market. 

Cannabis companies and businesses cannot join the legal recreational market until the government establishes and appoints the control board for the new Office of Cannabis Management (OCM). 

This board will be creating all of the rules and regulations for the legal marijuana industry in NY. Until the legislature moves past the delays, the industry will remain at a standstill. 

Industry Leaders Expectations 

Industry leaders expected that lawmakers would name the board members during the session. However, neither Gov. Cuomo nor state lawmakers submitted official nominations. Therefore Congress did not take votes before the end of the session. 

The delay appears to indicate some political disagreement between lawmakers over the appointments.

“It’s definitely worrisome. If it doesn’t get done this week, we could be looking at a multi-multi-month delay again for the rollout of this program because they need to start developing the regulations,” said Kaelan Castetter, director of policy analysis at Castetter Cannabis Group. 

Even if the lawmakers voted on board nominations this session, estimates predicted that it could take up to a year for the OCM to write the rules and give out licenses. 

“Without the (OCM and board), there are no regulations, and without the regulations we can’t get started,” NYCGPA President Allan Gandelman said. 

Later this month the legislature has the option to return for a special session, but no one has confirmed if this will happen or not.

The Office Of Cannabis Management

Currently, the OCM exists as a website, and Cuomo has his own director of cannabis programs, Norman Birenbaum. Advocates see him as a preferred candidate to direct the OCM. 

After the OCM is up and running, it will oversee the medical, recreational, and hemp industries within New York. 

A Cannabis Control Board will govern the OCM. The governor will appoint the control board chair and the office’s executive director, but they will need Senate approval. The governor will also appoint two other members. The state Senate and Assembly will each appoint one member. 

The office will have a 13-member advisory board. The board will offer insights and opinions on proposed rules and regulations. The governor will appoint seven members, and the Senate and Assembly will each appoint three more. 

The advisory board will weigh in on the social equity aspects of the new rules and regulations. 

Many advocates and industry leaders are disappointed in the delays.

“That’s really unfortunate, the longer they wait the longer the program will take to get going which only harms small businesses and the social equity part of the program,” Gandelman said.

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