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New York approves more cannabis licenses despite injunction, pushes ahead with zoning changes

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Despite an ongoing court injunction keeping New York regulators from acting on every marijuana business license type, the state’s Cannabis Control Board approved another 74 adult-use permits at its monthly meeting on Friday. The board also advanced new potential regulations governing where dispensaries will be able to set up shop.

The CCB unanimously approved the slate of new permits, which included:

  • 16 retailers
  • Three conditional retailers
  • 10 microbusinesses
  • Six distributors
  • 39 processors

At the meeting, Patrick McKeage, chief operating office of the state Office of Cannabis Management, told the board, the OCM has issued more than 240 final conditional adult use retail dispensary (CAURD) permits to date, which leaves 300 still trying to lock down sites.

McKeage added that the OCM has reached number 2,000 out of applications submitted in the so-called “November queue” of would-be retailers, referring to the pool of applicants from 2023, leaving about 150 left in that group to review.

The office will then move onto the “December queue” of applicants for licenses of all types, he said, which included another roughly 5,000 license applications.

When presenting the licenses for approval, McKeage ran into pushback from CCB Chairwoman Tremaine Wright, who questioned why the OCM had not included any new cultivators this month.

“The office has reached the licensing targets that were initially communicated to the public,” McKeage began answering – the OCM has already approved 200 adult-use growers – before Wright cut him off.

“The board has never communicated any licensing targets. We agreed that we would review the rollout and make determinations,” Wright asserted, and again asked why no more growers were included in the February licensing package.

“We’re at the point where we need further direction from the board,” McKeage said, noting that the CCB had previously said it wanted to be careful not to oversaturate the New York marijuana market. “We do not want to make a mistake and go farther than the board may intend before getting more clarity in terms of the number of applications to review.”

New oversight, enforcement powers

The CCB also on Friday gave the thumbs up to several new oversight and enforcement powers for OCM staff, including unanimous support for the agency’s new Trade Practice Bureau and new subpoena powers to tackle enforcement against rulebreakers in the market.

The Trade Practice Bureau, OCM Executive Director Felicia Reid said, will be focus on white collar violations such as product inversion, predatory lending and illegal license stacking.

Reid said the approach from the Trade Practice Bureau will be an “iron fist and a velvet glove” to protect “the integrity of our market.” She added that the new approach was due to “alarm bells across the industry.”

The new subpoena power granted to OCM will also help with enforcement action by letting agency investigators “hold hearings, subpoena witnesses, compel their attendance, administer oaths” and more, Reid said.

Another proposed set of rule changes, related to variances for retail applicants who are want formal permission to bypass the zoning setbacks set into state law, was also advanced so that the CCB could jumpstart a new public comment period. The rule changes were to the “public convenience and advantage” or PCA regulations, which allow for the CCB and municipalities to exempt retailers who apply from the requirement that no two or more dispensaries be within 2,000 feet of each other in smaller towns or within 1,000 feet of each other in major cities like New York City.

The proposed rule changes would:

  • Bar any retailer from even requesting a PCA change unless the distance in question is more than 500 feet within a city of less than 20,000 residents or more than 1,000 feet in a city of more than 20,000 residents.
  • Prohibit a PCA request if there are already two or more of the same cannabis business license type within the geographic area in question.
  • Put the onus on business applicants to prove that New York has an “economic interest” in letting the company set up where it’s requesting.
  • Create a process to notify all relevant stakeholders – such as other cannabis companies – to any PCA request.

The PCA proposal created a strong division among member of the CCB, however, with Wright calling the new draft rules “well beyond what we were supposed to be thinking of,” while new CCB member Brad Usher said the proposal was “a strong step in the right direction.”

Ultimately, the board split on the proposal, with Wright voting against advancing it, but other members supporting it, which will launch a 45-day public comment period once the draft is published in the state register.

Sales plateau in January

New York’s cannabis sales were down a bit to begin 2025, OCM Policy Director John Kagia informed the CCB, following what he called a “blockbuster” December sales month. So far this calendar year, New York dispensaries have sold just $110.1 million worth of cannabis, which Kagia said was a “slight downtick.”

“I fully expect this is going to be a slight dip, and we will resume very strong velocity we’ve been seeing,” Kagia said.

“If we just replicated that for the next 12 months, we’d do well over $1 billion just for this year. I think we’re going to end up this year well above that, because that only accounts for the stores that are currently open,” Kagia said. “We remain really bullish about the outlook for this market.”

That said, Kagia admitted there has also been a slow and steady decline in the average sales numbers per dispensary, which he said is natural as more and more shops open their doors to the public. As of Friday, there are now 307 operational adult-use dispensaries scattered across the state, and Kagia had previously forecast that number will grow to 625 this year, with an eventual statewide goal of about 2,000 dispensaries.

Average revenues per store dipped to about $323,000 per month, Kagia reported, down from a high of $2.1 million per month when the market was new in January 2023.

Those sales figures and the ongoing competition from the illicit market are still a major hurdle, said David Nicponski, the owner of Freshly Baked NYC dispensary in the Bronx.

“Enforcement across our state is woefully inadequate. For example, there are more unlicensed cannabis retailers within five blocks of our dispensary than there were when we opened for business nine months ago. And there’s another one that will be open in another week or so,” Nicponski told the CCB. “This is not a success story for New York. This is a failure and will seriously damage retailers.”

Nicponski added that the sales numbers Kagia shared were “disastrous,” which led him to predict that “many or most of these businesses will fail. That is not a cynical or pessimistic opinion; it is a simple math equation.”



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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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