Photo by Wirestock
The New York Cannabis Control Board spent much of its May 7, 2026 meeting grappling with the most persistent tensions in New York’s cannabis rollout. The state entity regulating cannabis worked to balance regulatory rigor with social equity goals and manage the growing pains of an industry still struggling with capital shortages, municipal resistance, and federal uncertainty.
Held on Long Island for the first time, the meeting covered dozens of licensing approvals and denials. It also included major updates on cannabis rescheduling at the federal level, new state financing initiatives, and increasingly emotional testimony from applicants frustrated by delays and local zoning barriers.
License Approvals and Denials
The board approved 32 new adult-use cannabis licenses, bringing New York’s total number of adult-use cannabis licensees to 2,258.
But the meeting’s most detailed discussions centered on license denials. Ten applications were recommended for denial, largely due to failures to establish “proof of control” over proposed business locations. Throughout the proceedings, board members repeatedly emphasized that applicants seeking licenses during the November 2023 licensing queue were required to demonstrate legally enforceable control of their retail sites at the time of application.
The board carefully dissected multiple flawed applications. Some applicants submitted unsigned letters of intent. Others presented leases executed after application deadlines, incomplete ownership documents, or subleases that did not legally authorize cannabis operations. In one particularly complicated case involving Truly Green LLC, board members questioned stock ownership records, affidavits, and unclear corporate relationships tied to a real estate holding company.
Board members repeatedly stressed that they could not overlook technical deficiencies, even when applicants argued clerical mistakes or misunderstandings. Several denials were unanimous.
Still, the board showed willingness to distinguish between bad faith and procedural error. Hemp Everlasting LLC, whose proposed cannabis site was located in a mixed-use residential building, received a conditional denial. Board members acknowledged the applicant may have genuinely believed the location was permissible because it already operated as a hemp business there. The applicant was granted an opportunity to pursue a provisional path if they contacted the office within 30 days.
The board also issued its first denial specifically tied to illicit cannabis activity. Officials said MNS-0928 Corporation continued illegal cannabis sales after submitting its application and had been subject to enforcement actions.
Board members also acknowledged the broader goals of New York’s social equity program. But they argued that they could not ignore recent illicit conduct while the legal market remains fragile.
Federal Re-scheduling
Beyond licensing enforcement, the meeting featured extensive discussion of federal cannabis policy changes. Acting Executive Director John Kagia described the federal government’s April decision to move state-approved medical cannabis products from Schedule I to Schedule III under the Controlled Substances Act as one of the most consequential cannabis policy developments in decades.
Kagia explained that rescheduling would likely reduce tax burdens on medical cannabis businesses by exempting them from Internal Revenue Code Section 280E. Current policy prevents cannabis operators from deducting ordinary business expenses. He noted that some operators presently pay effective tax rates between 60-80%.
He also emphasized that rescheduling could significantly expand cannabis research opportunities by lowering federal barriers for researchers and allowing state-licensed businesses to supply products for scientific studies.
At the same time, Kagia warned that many unanswered questions remain. Regulators still do not know how federal authorities will handle interstate commerce, DEA registration requirements, dual medical-adult-use operators, or national baseline standards for state medical programs. He also noted that adult-use cannabis businesses remain federally illegal under Schedule I.
Board member Adam Perry Usher cautioned that rescheduling could unintentionally advantage medical operators over adult-use businesses by giving only medical companies access to major federal tax benefits.
Dealing with the Black Market
The meeting also highlighted several new initiatives aimed at strengthening the legal market. Newly appointed Chief of Staff Shirley Paul announced the launch of Cannabis Showcase Event applications. The program will allow licensed dispensaries to partner with cultivators and processors for temporary off-site sales events such as farmers markets and pop-ups.
Meanwhile, the office’s leadership outlined plans for substantial regulatory amendments following statewide stakeholder listening sessions. Officials said the sessions generated extensive feedback regarding ownership restrictions, trade practice rules, municipal engagement, and difficulties faced by microbusiness operators.
Among the most heavily discussed issues were restrictions on microbusinesses. This included current canopy limits and requirements that retail locations remain at least 25 miles from cultivation facilities. Stakeholders reportedly urged regulators to ease those restrictions to help small operators remain financially viable.
The office also unveiled early plans for a state-backed cannabis loan and loan-loss reserve program designed to help equity licensees access startup and operational capital. Chief Equity Officer Simone Washington said the office hopes the fund will eventually become a permanent part of Office of Cannabis Management’s (OCM) programming.
Officials stressed that the program would differ substantially from the troubled Dormitory Authority-backed financing model that previously supported Conditional Adult-Use Retail Dispensary operators. Washington acknowledged the agency’s painful experience with earlier financing failures. He said the new initiative would move slowly and cautiously.
Growth and Frustration
Market data presented during the meeting showed continued growth in New York’s adult-use market. Regulators reported $154.1 million in combined cannabis sales during April, including $148.6 million from adult-use transactions. Officials also highlighted strong performance during the 4/20 holiday period, when retailers generated more than $8.6 million in sales in a single day.
Yet the public comment portion of the meeting revealed deep frustration among many Long Island applicants and operators.
Several speakers criticized municipal governments for delaying or obstructing dispensary openings through zoning restrictions and prolonged permitting processes. Long Island Cannabis Coalition President Gary O’Valley accused regulators of failing Long Island operators. He argued that local governments had effectively undermined the goals of New York’s equity program.
Other applicants described severe financial distress after waiting years for approvals or struggling with location changes, proximity protections, and local permitting disputes. Multiple speakers pleaded for faster processing timelines and more direct intervention by OCM.
Community members from Queens voiced very different concerns. They warned that some neighborhoods were becoming oversaturated with dispensaries located near libraries, parks, and youth gathering spaces.
By the close of the meeting, the competing demands on New York’s cannabis program were unmistakable. Regulators are simultaneously trying to enforce strict compliance standards, expand equity participation, stabilize a young legal market, and respond to federal policy shifts. They’re doing it all while managing growing pressure from operators who say time and capital are running out.


Leave a Reply