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New York

Allows Medical marijuana?: Yes

Allows Adult-Use marijuana?: No

2018 Medical Sales : $219,000,000

2022 Projected Medical Sales : $504,000,000

2018 Adult Use Sales : N/A

2022 Projected Adult Use Sales : N/A

Noteworthy Information: {{COVID-19 Update: All licensed medical cannabis companies deemed essential and allowed to remain open. Authorized businesses are allowed to expand home delivery without written approval. https://mjbizdaily.com/wp-content/uploads/2020/03/RO-Covid-19-Guidance.pdf }}

On July 29th, 2019, Governor Andrew Cuomo signed a bill which removed criminal penalties for the possession of up to 2 ounces of cannabis, with a maximum fine of up to $200. The bill will go into effect Wednesday, August 28th, 2019. New York has a restrictive dispensary system, along with limited doctor participation and product availability, though the state is working on trying to improve the system. Smoking is not permitted and the regulations prohibit edibles. On September 1, 2018, the New York Police Department began issuing tickets for people who smoke marijuana in public instead of arresting them. Opioid Use was added as a qualifying condition. Governor Andrew M. Cuomo stated that he would push to legalize recreational marijuana in 2019. Two senate bills have been filed: one to allow patients to smoke marijuana and one which would permit qualifying students to have medical cannabis administered at school.

Is there a Regulatory Structure? (State Agency): Yes (New York State Department of Health)

# of Dispensaries Allowed (# issued): Registered Organization Licenses (Each licenses includes a production facility and 4 dispensary locations) 
(10 issued) [40 storefronts open]

# of Cultivations Allowed (# issued): N/A

# of Manufacturers Allowed (# issued): (10 issued)

# of Testing labs Allowed (# issued): Until independent laboratories are certified in New York State to test medical marijuana products, the Department of Health’s Wadsworth Laboratories is conducting the final product testing.

Geographic Distribution of Licenses: Geographically distributed 

Application Fee: 
Registered Organization Application = $10,000
Registered Organization Renewal Application = $10,000

Licensing Fees: 
Registered Organization Registration Fee= $200,000 (submitted at time of application, and refunded if application is subsequently denied) 
Registered Organization Registration Renewal Fee= $200,000 (submitted at time of application, and refunded if application is subsequently denied)

Residency Requirements: 
Patients and Caregivers must be residents, but the law is silent regarding owners of dispensaries, though residency must be disclosed.

Vertical Integration Allowed, Required or Prohibited: 

Medical Marijuana Qualifying Patient Conditions: 
HIV infection or AIDS
amyotrophic lateral sclerosis (ALS)
Parkinson’s disease
Multiple sclerosis
Spinal cord injury with spasticity, epilepsy
Inflammatory bowel disease
Huntington’s disease
Post-traumatic stress disorder
Chronic pain (as defined by 10 NYCRR §1004.2(a)(8)(xi))
or any condition for which an opioid could be prescribed (provided that the precise underlying condition is expressly stated on the patient’s certification). 

The severe debilitating or life threatening condition must also be accompanied by one or more of the following associated or complicating conditions: cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, or severe or persistent muscle spasms, PTSD or opioid use disorder (only if enrolled in a treatment program certified pursuant to Article 32 of the Mental Hygiene Law).

Testing Required: 
Yes. All medical marijuana products produced by a Registered organization must be examined in a laboratory located in NY State that I licensed by the DEA and approved for analysis of medical marijuana by the Department.


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