On January 26, 2021, the New York Department of Health’s online application portal for prospective hemp retailer and distributors went “live.” The application website warns that “businesses selling cannabinoid hemp products in the state of New York”, both in retail stores and online, must obtain a Cannabinoid Hemp Retail License before sale, and that those products must meet the regulatory standards set forth by the Department of Health.  Similarly, the application portal advises out- of-state hemp manufacturers looking to sell to hemp retailers within New York state to obtain a Cannabinoid Hemp Distributor Permit.

The portal contains a brief list of Requirements for each type of applicant and points to the proposed hemp regulations for more detailed guidance. Both applications attach an annual fee of $300 (per location for hemp retailers) and are valid for one year. Visit the application portal for hemp retailers and distributors.

New York state’s mandate to apply for and obtain a license or permit for the sale and distribution of hemp products exemplifies the high-stakes license procurement process and stringent regulatory climate facing cannabis businesses in New York state. For assistance understanding the requirements for hemp retailers and distributors, and for support with your application, contact Harris Beach’s Cannabis Industry Team.

This alert does not purport to be a substitute for advice of counsel on specific matters.

Harris Beach has offices throughout New York State, including Albany, Buffalo, Ithaca, Long Island, New York City, Rochester, Saratoga Springs, Syracuse and White Plains, as well as New Haven, Connecticut and Newark, New Jersey.