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Principal Counsel & Attorney-at-Law

Conditional Cannabis Cultivator License

Conditional Adult-Use Cannabis Cultivation for New York's Hemp Farmers 

On February 22, 2022, New York's Governor Kathy Hochul signed legislation that would allow existing New York hemp farmers to apply for Conditional Adult-Use Cannabis Cultivator licenses to grow cannabis in 2022 in anticipation of retail dispensary openings. 

The Conditional Adult-Use Cannabis Cultivation License allows for: 

  • Outdoor or greenhouse cannabis cultivation for up to two (2) years from the issuance of the license;
  • Manufacture and distribution of cannabis products without a processor or distributor license until June 1, 2023; 
  • Cultivation within one acre (43,560 square feet) of flowering canopy outdoors or 25,000 square feet in a greenhouse. Alternatively, splitting between outdoor and greenhouse with a max. canopy of 30,000 sq. ft. as long as greenhouse canopy remains under 20,000 sq. ft.; 
  • Use of up to 20 artificial lights. 

To qualify for the conditional license, an applicant must have been:

  • An authorized industrial hemp research partner for the Department of Agriculture and Market;
  • Cultivating hemp for at least two (2) of the past four (4) years; and 
  • In good standing as of December 31, 2021. 

Requirements of conditional license holders:

  • Must engage in safe, sustainable, and environmentally-conscious cultivation practices;
  • Meet sustainability requirements; and 
  • Must participate in a social equity mentorship program providing training in cannabis cultivation and processing for social and economic equity partners. 

The Office of Cannabis Management will be developing a license application process and opening the program as soon as possible. If you or your company meet the conditional licensing qualifications as an authorized, existing New York Hemp Farmer and are interested in preparing your application, please contact the attorneys at Leaf Legal, P.C. to request a consultation.

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Know for sure whether your business is in compliance with state and local cannabis regulations.