2023 CANY Public Comments on the Proposed Full Draft Regulations

CANY Official Communication

CANY Comments on New York State Cannabis Control Board Proposed Regulations on Adult Use Cannabis (9 NYCRR Parts 118, 119, 120, 121, 123, 124, 125, and 131)



The Cannabis Association of New York (“CANY”) represents hundreds of businesses and individuals across the entire cannabis supply chain–from seed-to-sale in every region of the state. Through our policy, regional, and subject specific committees, CANY works to engage with various communities and stakeholders within the New York cannabis economy. Since being founded in 2019, CANY has worked on numerous laws and regulations in realizing the goals as codified in the Marijuana Regulation and Taxation Act (MRTA).

CANY appreciates the work by the New York State Cannabis Control Board (“CCB”) and Office of Cannabis Management (“OCM”) on the Proposed Regulations concerning adult use (the “Proposed Regulations”). CANY notes that the Proposed Regulations would benefit from providing the supply chain with more flexibility to address changing market needs. Our comments preserve the goals of the regulations in creating a safe and well-regulated market while also allowing the cannabis supply chain greater self-determination for innovation and growth. License tiers need to have flexibility of canopy between growing modalities in each Tier that fit into their current infrastructure. Similarly, based on current arrangements between growers along with the evolution of the market, AUCC licenses should have the additional choice to transition into micro-business or cooperative license types.  

CANY and its membership applauds and fully supports the work of the OCM and CCB in creating the two tier system. We agree with regulations that enforce the two tier model across all aspects of the industry–from cross investing in licenses to paid marketing in digital to any other method of influence that creates a competitive disadvantage for small businesses. CANY has always opposed the carveout that has created a class of vertical licenses for a small number of very large companies. This inherently provides an unfair advantage over small cultivators and CAURD licensees. The expansion of the RO program with more vertical licenses will continue to put all license holders at a disadvantage.

The comments below specifically address key areas of the regulations that CANY would like revised to achieve a resilient marketplace. The future of New York cannabis relies on creating a strong industry for the state. Through promoting greater opportunities for growth, the CCB and OCM will create a viable market in New York while preparing businesses for a national competitive landscape.

CANY believes that New York State will lead the cannabis industry through innovation at every level of the supply chain. The Proposed Regulations point in the right direction. Our comments provide an industry perspective on how to achieve these common interests and goals.


The NYS Cannabis Law vests the CCB with rulemaking authority. Per Section 13: “The board shall perform such acts, prescribe such forms and propose such rules, regulations, and orders as it may deem necessary or proper to fully effectuate the provisions of this chapter…”¹ Such authority explicitly includes both the prescribing of adult-use licensing application forms and processes, as well as the qualifications and detailed eligibility criteria for such licenses.

Please click HERE to find CANY’s comments and related recommendations based on the revised draft of the proposed regulations.

¹ NYS Cannabis Law §13-1