The Cannabis Control Board would like to amend regulations relating to retail dispensary and microbusiness licenses. Some of the key proposed changes include:
The minimum required distance between licensed cannabis businesses is proposed to be reduced from 1,000 feet to 500 feet in municipalities with more than 20,000 people.
There is a “Public Convenience and Advantage” consideration. Businesses seeking exemption from the distance rules must prove their location will benefit the public. Some factors considered will be: proximity to other dispensaries, demand for cannabis in the area, and economic impact.
Good afternoon,
On April 2, 2025, a Notice of Revised Rulemaking that proposes additional amendments to regulations addressing Public Convenience and Advantage will be published in the New York State Register. This initiates a 45-day public comment period on the regulations. Interested parties have until Monday, May 19, 2025, to submit their comments. (When a public comment period for a proposed rule is scheduled to end on a Saturday, Sunday, or public holiday, comments are accepted through the next succeeding business day.)
Proposed Regulation:
Proposed Regulation of Public Convenience and Advantage
How to comment:
Comments on the proposed regulations can be submitted by email to: regulations@ocm.ny.gov or mailed to: New York State Office of Cannabis Management, P.O. Box 2071, Albany, NY 12220
If you plan to submit a comment on proposed regulations to OCM, there is no specific format or form that is required; any email or letter sent to the address on this page is sufficient. However, the following tips are intended to help you submit a strong comment that will best explain your views and improve the proposed regulations on which you are commenting.
Before writing your comment:
Be aware of the submission deadline. The public comment period will close at 11:59 P.M. on the day comments are due. Begin working on your comment well before the deadline!
Read the complete text of the proposed regulation. If you do not understand something in the proposed rule, then you should communicate that in your comment.
While writing your comment:
Give your email or letter a title that makes it clear which program or Part you are commenting on. Sometimes multiple different proposals will be out for comment at the same time.
Clearly state the specific section or subsection within the proposed regulations that you are commenting on. Try to be as specific as you can. Your citation should begin with the Part number of the regulations and include all letters or numbers that identify that particular subsection. An example of what a citation of a specific section of Part 116 might look like is: “§ 116.4(a)(2)(i)(b)”
You can address multiple sections in your comment. If you are addressing multiple sections, make sure it is clear what part of your comment pertains to each section.
If your comment is not tied to any specific section(s) of the proposed regulations, or you are not sure where it best fits, then you do not need to cite a specific section in your comment.
If applicable, provide specific suggestions on the regulatory language and how you think it can be changed.
When possible, justify your comment. This could be through data, your personal experience, factual information, scientific research, sound reasoning, expert opinions, or another way. If possible, provide links or references to the information that supports your comment.
Include examples of how the proposed regulations would impact you, your community, or your business negatively or positively.
If you disagree with a proposed action, suggest an alternative. Explain how your alternative might meet the same objective or be more effective. If you have information that supports your view, then you should include it.
After writing your comment:
Proofread your comment before submission to be sure it will be understood when it is reviewed.
Do not submit the same comment more than once. Unless you receive an error message that indicates your email was not sent or another indication that your comment was not received, then you can assume the Office has received your comment. The Office receives many comments on proposed regulations and carefully reviewing all comments takes time.
Continue to monitor the Office’s website and any Cannabis Control Board meetings for additional movement of the proposed regulations on which you commented. The Office issues responses to all comments in the Assessment of Public Comment which summarizes the comments received. This assessment is issued after the comment period ends and the proposed regulations are finalized or revised.