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Hundreds of New York social equity licenses set to expire in coming months

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As New York continues ramping up its adult-use cannabis market, some industry insiders are beginning to sound an alarm: Hundreds of social equity retailers may lose their permits soon if regulators don’t extend mandatory deadlines for those licensees to get open for business.

The problem, two cannabis lawyers explained, is that the first round of conditional adult use retail dispensary (CAURD) permits – which were issued starting in 2022 to “justice-involved” entrepreneurs who had some type of criminal cannabis conviction – will start expiring on Dec. 6, two years after the first handful of such permits were awarded, if nothing is done.

The situation

All marijuana business licenses have an initial one-year deadline to “operationalize” under the current industry rules, but the CAURDs were granted an extra year in the fall of 2023 due to a court-ordered pause on all licensing and dispensary openings, attorney Lauren Rudick said. The expirations will be on a rolling basis based on the actual date of issuance, unless the rules are altered by the Office of Cannabis Management or the Cannabis Control Board.

“The clock is ticking,” Rudick said.

Rudick shared multiple email confirmations from OCM staff to both her and one of her clients, CAURD licensee Albert Capraro – one of the very first 36 CAURDs – that stated unequivocally, “At this time no additional extensions will be granted.”

Instead, Capraro was told by the OCM his license will expire on Dec. 6. Rudick was also told via email by OCM staff, “At this time there is no additional extensions being offered.”

Because hundreds of the CAURDs have run into multiple roadblocks on their way to opening for business – primarily finding compliant dispensary sites and raising the millions of dollars necessary to fund build-outs – the same pool of equity-focused entrepreneurs now stand to potentially lose out on everything they’ve worked towards for two years, Rudick said.

“It is shocking. States are usually not in the business of taking licenses away. They want to help applicants to operationalize, particularly these types of applicants,” Rudick said. “They are the licenses that were the most impacted by failed drug policy that is at the heart of legalization here in New York.”

The numbers

The OCM confirmed in an email to Green Market Report on Friday that there have been a total of 533 CAURD permits issued, of which 210 have won final permits and another 323 are still actively working to get open.

That means 323 permits are in jeopardy, unless regulators act to lengthen their lifespans.

The OCM further said in an emailed statement that the agency “is aware that some Conditional Adult-Use Retail Dispensary licensees are approaching the expiration date prior to becoming operational. The OCM will be collaborating with the Board to explore potential solutions and will be reaching out to CAURD licensees with more information when it is available.”

As of Oct. 25, there are just 222 licensed recreational marijuana shops open for business in New York state, according to the OCM. Many of those are non-social equity licensees that were part of the November applicant pool last year.

Capraro, who said he was “ecstatic” when he first won a CAURD license in November 2022, recounted that he immediately ran into logistical problems with a building he owns in the town of Brookhaven on Long Island, because the municipality changed its zoning rules after he got his initial permit, making it technically impossible for him to pursue his original plan.

Although Capraro spent almost a year searching for a new location on Long Island, he’s been unable to find a legally compliant site thus far, which led him to email the OCM in September to request an extension until the end of 2025 so he could keep looking.

The OCM wouldn’t accommodate him.

“The state didn’t help me at all. The town didn’t help me at all, and before you know it, it’s two years,” Capraro said. “I was one of the first to get my license. Now I’m going to be one of the first to get their license taken away.”

Now, Capraro isn’t sure what will happen in the next few months, and he’s worried the past two years of work will have been in vain.

“It doesn’t make sense, and it’s very sad and sickening,” Capraro said. “They made this program for justice-involved people, and they’re going to be taking licenses away from justice-involved people because the state didn’t want to fight for them.”

Capraro said he was “heartbroken” when he received the OCM email asserting that he wouldn’t be getting another extension, and now he’s not sure what to do next, if anything.

But he said he knows one thing: If the OCM and the Cannabis Control Board don’t approve extensions and several hundred CAURD permits are allowed to expire, the state likely can expect a host of new lawsuits from licenseholders who have spent immense time and money to launch dispensaries.

“If they’re going to take away the licenses, a lot of CAURD members are going to sue the state,” Capraro said.

Next steps unclear

Regardless, Rudick said, the OCM and CCB should make their position on the issue crystal clear, so CAURDs can make informed decisions sooner rather than later, either by cutting their losses or doubling down. Capraro said he’s basically treading water until he gets a final decision from the OCM.

“If there is a different directive, please let these applicants know, because they’re trying to make crucial business decisions right now, and they’re wondering whether to further invest, or whether they’re done,” Rudick said.

Cannabis attorney Jeffrey Hoffman, who has also been working closely with several CAURDs, echoed Rudick’s concern and said he had raised the same issue with OCM staff earlier in October, at which point the agency indicated it’s aware of the issue and is trying to fix it.

“They tell me they’re going to take care of it. I hope that’s true,” Hoffman said. “The whole point of this was equity. I’m honestly not sure why they have deadlines at all… It just seems that we’re once again penalizing the people who always get screwed. I’d hate for us to do that.”

Hoffman noted that the OCM has done “amazing work” on social equity thus far, and he said he’d hate to see the agency’s legacy altered into one that was remembered for further disenfranchising entrepreneurs with criminal marijuana convictions. He anticpates that this is a topic that will come up during an expected Cannabis Control Board meeting in November – which has yet to be announced or scheduled.

While he thinks the board will grant broad extensions for CAURD permit holders, it’s not a done deal.

“Until it gets done, I’m not confident of anything,” he said. “It’s done when it’s done.”



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Nebraska medical cannabis regulations stall in legislative committee

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A Nebraska legislative committee voted 5-3 against advancing a bill designed to implement and regulate the state’s medical cannabis program, leaving legislators and advocates searching for alternative paths forward, according to the Nebraska Examiner.

The General Affairs Committee rejected Legislative Bill 677, sponsored by State Sen. Ben Hansen of Blair, during a Thursday vote where committee members declined to offer amendments to the legislation, the publication reported.

“I don’t want to shut all the doors right now, but some doors are closing, and they’re closing fast, and so we have to act,” Hansen told reporters after the vote, according to the Examiner.

Nebraska voters approved medical cannabis in November 2024, with residents legally permitted to possess up to 5 ounces with a healthcare practitioner’s recommendation since mid-December. However, the regulatory commission created by the ballot initiative lacks effective power and funding to regulate the industry.

Hansen described his legislation as “a must” for 2025 to prevent a “Wild West” scenario in the state’s cannabis market. The bill would have expanded regulatory structure through the Nebraska Medical Cannabis Commission and extended deadlines for regulations and licensing to allow more time for implementation, the Examiner noted.

Committee disagreements centered on proposed restrictions. A committee amendment would have prohibited smoking cannabis and the sale of flower or bud products while limiting qualified healthcare practitioners to physicians, osteopathic physicians, physician assistants or nurse practitioners who had treated patients for at least six months.

The amendment also would have limited qualifying conditions to 15 specific ailments including cancer, epilepsy, HIV/AIDS, and chronic pain lasting longer than six months.

State Sen. Bob Andersen of Sarpy County opposed allowing vaping due to concerns about youth drug use, while committee chair Rick Holdcroft suggested selling cannabis flower would be “a gateway toward recreational marijuana,” a claim Hansen “heavily disputed,” according to the Examiner.

Hansen now faces a difficult path forward, requiring at least 25 votes to pull the bill from committee and then needing 33 senators to advance it across three rounds of debate, regardless of filibuster attempts.

Crista Eggers, executive director of Nebraskans for Medical Marijuana, remained optimistic despite the setback.

“This will not be the end,” Eggers said, according to the outlet. “Giving up has never been an option. Being silenced has never been an option. It’s not over. It’s not done.”

The legislative impasse is further complicated by ongoing litigation. Former state senator John Kuehn has filed two lawsuits challenging the voter-approved provisions, with one appeal pending before the Nebraska Supreme Court. The state’s Attorney General is also trying to do something about the hemp question, akin to other states across the country.



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One of Las Vegas’ cannabis lounges closes its doors

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Nevada’s cannabis lounge experiment faces some expected growing pains, with one of just two state-licensed venues closing its doors after barely a year in business, according to the Las Vegas Weekly.

“The regulatory framework, compliance costs and product limitations just don’t support a sustainable business model,” said Thrive Cannabis managing partner Mitch Britten, who plans to convert the space into an event venue until regulations loosen up.

The closure leaves Planet 13’s Dazed Consumption Lounge as the only operational state-regulated cannabis lounge in Nevada. Dazed manager Blake Anderson estimates the venue attracts around 250 customers daily, primarily tourists. One other establishment, Sky High Lounge, has operated since 2019 on sovereign Las Vegas Paiute Tribe land exempt from state regulations.

Even with Nevada regulators conditionally approving 21 more lounge licenses, potential owners are struggling to meet the $200,000 liquid assets requirement – particularly social equity applicants from communities hit hardest by prohibition.

Recreational marijuana has been legal statewide since 2017, but public consumption remains prohibited. That’s created an obvious disconnect for the millions of tourists who visit Las Vegas annually but have nowhere legal to use the products they purchase. The state recorded roughly $829 million in taxable sales during the 2024 fiscal year.

“It always comes down to money, and it’s difficult to get a space if you can’t afford to buy a building. On top of that, getting insurance and finding a landowner who’s willing to lease to a cannabis business is a challenge in and of itself,” said Christopher LaPorte, whose consulting firm Reset Las Vegas helped launch Smoke and Mirrors, told Las Vegas Weekly.

Many think the key to future success lies in legislative changes that would allow lounges to integrate with food service and entertainment – playing to Las Vegas’s strengths as a hospitality innovator. In the meantime, the industry will continue to adapt and push forward.

“Things take time,” LaPorte said. “There’s a culture that we have to continue to embrace and a lot of education that we still have to do. But at the end of the day, tourists need a place to smoke, and that’s what these places are.”



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Psyence Group consolidates its shares

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Psyence Group Inc. (CSE: PSYG) told investors that it will be consolidating all of its issued and outstanding share capital on the basis of every 15 existing common shares into one new common share effective April 23, 2025 with a record date of April 23, 2025. As a result of the consolidation, the issued and outstanding shares will be reduced to approximately 9,387,695 on the effective date.

This is the second time a Psyence company has consolidated shares recently. In November, its Nasdaq-listed associate, Psyence Biomedical Ltd. (Nasdaq: PBM), implemented a 1-for-75 share consolidation as the psychedelics company worked to maintain its Nasdaq listing.

Psyence Group reported earnings in February when the company delivered a net loss of C$3 million and was reporting as a going concern. At the end of 2024, the company said it had not yet achieved profitable operations, has accumulated losses of C$48,982,320 since its inception.

Total assets at the end of 2024 were C$11,944,478 and comprised predominantly of: cash and cash equivalents of C$10,611,113, other receivables of C$159,808, investment in PsyLabs of C$1,071,981 and prepaids of C$68,243.

Still, the company is pushing ahead. Psyence told investors that it has historically secured financing through share issuances and convertible debentures, and it continues to explore funding opportunities to support its operations and strategic initiatives. “Based on these actions and
management’s expectations regarding future funding and operational developments, the company believes it will have sufficient resources to meet its obligations as they become due for at least the next twelve months,” it said in its last financial filing.

The company said it believes that the consolidation will position it with greater flexibility for the development of its business and the growth of the company.

 



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