5 Tips for Creating a Winning License Application in New York

New York officials approved revised cannabis regulations in September that not only paved the way for the state’s existing medical cannabis operators to enter the adult-use market, but also opened a new licensing application window for adult-use businesses.

The application period, which opened Oct. 4 and closes Dec. 18, marks the end of an exclusive licensing process for social equity applicants outlined in New York’s Seeding Opportunity Initiative, which has prioritized licensing those with past cannabis-related convictions and nonprofit organizations that assist or provide services to these individuals.

Mackenzie Ditch Wilcox, Director of compliance/legal at PharmaCann, says applicants vying for New York’s new adult-use cultivation, processing, distribution and retail licenses should prioritize their team and community in their applications, and focus on answering all prompts as directly and thoroughly as possible.

It also doesn’t hurt for applicants to familiarize themselves with the submission portal, she says, by logging in early and often to ensure that the technology doesn’t stand in the way of a successful submission.

Here, Wilcox offers more tips for creating a winning license application in New York.

1. Review all guidance from regulators.

All applicants should review all FAQs and guidance from the New York Office of Cannabis Management (OCM), Wilcox says, paying close attention to the CAURD location guidance.

“This is helpful guidance if you do not already have a property and are looking for assistance via the New York Social Equity Investment Fund (the Fund),” she says. “These resources and locations identified by the Fund are extremely limited, and more information on the opportunities will continue to be made available via the OCM website.”

2. Identify your own property.

In this round of New York license applications, it is not mandatory to have a property selected and secured if you are applying for a retail or microbusiness license. For all other license types (and to ensure speed to market for all business types), Wilcox says applicants should identify and secure their own property during the application process. There are several considerations when it comes to selecting real estate, she says, including:

• Zoning: Applicants should know whether the municipality they want to operate in has a Special Use Permit process, and if so, they should know the steps and timing necessary to ensure that the property is allowed to be used as a cannabis retail location.
• Local notification: New York’s cannabis law mandates that not less than 30 days nor more than 270 days before filing an application for an adult-use cannabis dispensary, cultivator, processor, distributor or on-site consumption license, an applicant must notify the municipality of the applicant’s intent to file such an application. There is a state-provided form to submit to the municipality.
• Right to occupy: Upon identifying an allowed property, applicants should secure an executed Deed or Lease to verify that they have the right to occupy that property if their application is approved.
• Contractors/security vendors: Applicants should think about who will help them build out their facility and whether they have proper cameras/access readers available.

3. Have a hiring plan.

When it comes to hiring and building out a team, Wilcox says applicants should get engaged in the surrounding community and with local businesses, as well as coordinate with local community organizations for job fairs.

Applicants should also identify the strengths and weaknesses of their existing teams, as well as ensure that they are hiring for specific skill sets that are needed, such as accounting, operations, retail, horticulture or compliance.

4. Establish relationships with state and local officials.

Applicants should provide consistent and transparent communication to state officials throughout the licensing and operational processes, Wilcox says.

At the local level, she says applicants should introduce themselves to local zoning, community planning and city council members to establish themselves as a partner to the community.

Wilcox suggests picking a platform to support and then focusing their intended business plan on this platform. While the application process itself is not heavy in operational narratives, if applicants are approved, they will need to work toward speed to market to ensure success.

“Try to engage at least three organizations, businesses [and/or] charities that can help you meet this goal,” she says. “If your platform is sustainability, work with local volunteer organizations for a donation drive, city cleanup, recycling programs, etcetera. Then use this city engagement to go back to city officials to establish a repertoire within your community.”

5. Organize your ownership and focus on key areas of the application to set yourself up for success.

When it comes to helping set your application up for success, Wilcox recommends focusing on creating a cohesive and organized ownership and business continuity plan to ensure compliant responses. As part of the application, prospective licensees must submit comprehensive True Party of Interest Disclosures (TPI). These submissions include demographic information, capitalization table(s), and business formation documents. Wilcox says creating a detailed internal checklist can help applicants establish an efficient online submission process.