New York
General
Jun 2022
3 min

How to Start a New York Dispensary

New York State has  passed legislation that allows the selling of cannabis products to both patients as well as recreational customers. Leasheets covers all the requirements you will need to be compliant with what the regulators want to see.  Visit our blog for the latest updates on the industry in New York City and the United States.

The New York Office of Cannabis Management will require dispensary operators to have certain plans in place, policies, and procedures. While getting a dispensary license in a competitive market like New York is no easy feat, never fear.  We've got your back.  Below you'll find the New York dispensary license requirements and the list of sheets that will help you to build a top of the line application and operation that the regulators will love.

  • A description of the licensed premises
  • Ownership and investment information
  • Financial statements
  • Background checks for ownersOrganizational Chart
  • Business License and/or operating agreement
  • Security Plan (facility, personnel, prevention of theft, loss and diversion)
  • The right to use property for dispensary location
  • Sufficient funding
  • Recall, Waste and Destruction Plan
  • Labor peace agreement
  • Explanation of past infractions
  • Community Impact Plan

Sheets Needed for New York Dispensary License Application

Based on these requirements and on the compliance specifications of the New York State Marijuana Regulation and Taxation Act, the following Leafsheets plans will help you meet the standards for your business to comply with the New York dispensary rules for application and operation (once you win a license!).

Labor and Employment Plan

Requirement based on MRTA Section 2

The intent  of  this  act is to regulate, control, and tax marihuana, heretofore known as cannabis, generate  significant  new  revenue,  make substantial  investments  in  communities  and people  most impacted by cannabis criminalization to address the collateral consequences of  such criminalization,  prevent  access  to cannabis by those under the age of twenty-one years, reduce the illegal  drug  market  and  reduce  violent crime,  reduce  participation  of  otherwise law-abiding citizens in the illicit market, end the racially disparate impact of  existing  cannabis laws,  create  new  industries,  protect  the  environment,  improve the state's resiliency to climate change, protect the public health,  safety and  welfare  of  the  people  of  the  state,  increase  employment and strengthen New York's agriculture sector.

Recall, Quarantine and Waste Destruction Plan

Requirement based on MRTA Section 64(g)(vi)

The ability to increase climate resiliency and minimize or eliminate adverse  environmental impacts, including but not limited to water usage, energy usage, carbon emissions, waste, pollutants, harmful chemicals and single use plastics.

Community Impact Plan

Requirement based on MRTA Section 64(j)

The applicant will contribute to communities and people disproportionately harmed by enforcement of cannabis laws through including, but not limited  to,  the  social  responsibility  framework as provided in section sixty-six of this article and report these contributions to  the board

Record keeping Plan

Requirement based on MRTA Section 78

The board shall, by regulation, require each licensee pursuant to this article to  adopt  and  maintain security,  tracking,  record  keeping, record retention and surveillance systems,  relating  to  all  cannabis  at  every  stage  of   acquiring, possession,   manufacture,  sale,  delivery,  transporting,  testing  or distributing by the licensee, subject to regulations of the board.

Inventory Management Plan

Requirement based on MRTA Section 78

The board shall, by regulation, require each licensee pursuant to this article to  adopt  and  maintain security,  tracking,  record  keeping, record retention and surveillance systems,  relating  to  all  cannabis  at  every  stage  of   acquiring, possession,   manufacture,  sale,  delivery,  transporting,  testing  or distributing by the licensee, subject to regulations of the board.

Security Plan

Requirement based on MRTA Section 78

The board shall, by regulation, require each licensee pursuant to this article to  adopt  and  maintain security,  tracking,  record  keeping, record retention and surveillance systems,  relating  to  all  cannabis  at  every  stage  of   acquiring, possession,   manufacture,  sale,  delivery,  transporting,  testing  or distributing by the licensee, subject to regulations of the board.

Signage and Advertising Plan

Requirement based on MRTA Section 81

The board is hereby authorized to promulgate rules and regulations governing the advertising, branding, marketing,  packaging, labeling  and  unconventional methods of administration or ingestion, of cannabis products, sold or possessed for sale in New York state, including rules pertaining to the accuracy of information and rules  restricting marketing and advertising to youth.

Verifying and Testing Plan

Requirement based on MRTA Section 82

Licensed retail dispensaries shall maintain accurate documentation of laboratory test reports for each cannabis product offered for sale to cannabis consumers. Such documentation shall be made publicly available by the licensed retail dispensary.

Age Verification Plan

Requirement based on MRTA Section 85 (2)

Valid proof of age is required for each transaction. No licensee, or agent or employee of such licensee shall accept as  written  evidence of  age  by any such person for the purchase of any cannabis or cannabis product, any documentation other than: (a) a valid driver's  license  or non-driver identification card issued by the commissioner of motor vehicles,  the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government  within  the United  States  or a provincial government of the dominion of Canada, or (b) a valid passport issued by the United States government or any other country, or (c) an identification card issued by the armed forces of the United States.

Customer Education Plan

Requirement based on MRTA Section 85 (11)

All adult-use dispensing facilities shall make educational materials and resources available to cannabis consumers at the  point  of sale, as prescribed by the board.

Diversity and Inclusion Plan

Requirement based on MRTA Section 67(2)

Each applicant must submit to the office documentation  of  the racial,  ethnic,  and  gender diversity of the applicant's employees and owners prior to a license being renewed. In addition, the board  shall consult with the chief equity officer and executive director to create a social  responsibility  framework agreement that fosters racial, ethnic, and gender diversity in their workplace and make the adherence  to  such agreement a conditional requirement of license renewal.


Requirement based on MRTA Section 87(2)

The board's social and economic equity plan shall also promote diversity in commerce, ownership and employment, and opportunities for social  and  economic  equity in the adult-use cannabis industry.

Conclusion

We know applying for a dispensary in New York can be confusing and frustrating, but we have made everything easy for you. Our Leafsheets come pre-filled out with all the information you need to get licensed and open on time! They look professional, are downloadable and printable, and come with the DIY Guide that will show you step by step how to set up your own application. Contact us if you have any questions.

Leafsheets is not a legal firm and no information provided by leafsheets.com should be considered legal advisement. 

Related Sheets.
Regulatory Citations for This Article