Adult-Use Application and Licensing
(Title 9, Executive Department; Subtitle B, Chapter 2 - Sections 120.1–120.21)
These sections govern how adult-use cannabis licenses are applied for, reviewed, issued, renewed, denied, or modified in New York. They apply to all adult-use license types and control what OCM can require, evaluate, approve, or reject.
What This Covers
- Who is eligible to apply and under what conditions
- Required application contents and attestations
- License types, tiers, and operating limits
- Application, licensing, and renewal fees
- Filing, processing, and evaluation steps
- License issuance, duration, and renewal rules
- Denial, withdrawal, voiding, and reapplication rules
- Required notifications of changes (pre- and post-license)
- Event-specific licensing requirements
- Opportunity to cure deficiencies
- Severability of Part 120
General Application and License Authorizations (120.1)
Establishes who may apply and what license types exist.
- Applies to all adult-use cannabis licenses
- Sets baseline eligibility and authorization rules
Application Contents (120.2)
Defines what must be included in a complete application.
- Legal entity name and any DBAs
- Ownership structure and percentages
- Control persons, investors, and financial interest holders
- Source of funds and financial disclosures
- Criminal history disclosures
- Organizational documents
- Location information or conditional plans
- Floorplans or site plans (if required)
- Municipal notice date
- Labor peace agreement status
- Attestation of truthfulness
- OCM may request interviews, clarifications, or updated documents
License Tiers and Options (120.3)
Explains tiered licensing structures and limits.
- License size, scope, and caps vary by tier
- Examples include canopy limits, extraction types, and integrated permissions
- Operations must stay within the approved tier
- Tier changes require OCM approval
Fees (120.4)
Lists required fees and payment rules.
- Application and license fees
- Fingerprinting and background check fees
- Location review and modification fees
- Renewal fees
- Fees are non-refundable
- Some applicants may qualify for reductions or waivers
Filing Applications (120.5)
Sets how and when applications must be submitted.
- Electronic submission through the OCM portal
- Applications must be complete
- All fees must be paid
- Deadlines are strict
- Incomplete or late filings may be rejected
Processing Applications (120.6)
Describes how OCM reviews applications.
- Completeness review
- Requests for missing or corrected information
- Background and financial checks
- Location and municipal notice verification
- Labor peace agreement review
- Ownership and control analysis
- Outcomes include approval, denial, pending, voided, or withdrawn
Eligibility and Evaluation (120.7)
Explains the standards OCM applies.
- License-specific eligibility rules
- Ownership and residency restrictions
- Moral character and financial responsibility
- True Party of Interest compliance
- Zoning and distance requirements
- Diversion and compliance history
- Public convenience and advantage (retail)
- Medical necessity (ROD licenses)Additional Licenses (120.8)
Covers holding more than one license.
- License stacking rules apply
- Ownership and TPI limits must be met
- Certain license types cannot be held together
Issuance of License (120.9)
Explains how licenses are formally granted.
- Written notice of approval
- License certificate issued
- License details published
- License becomes active only after inspections, final fees, and required approvals
License Duration (120.10)
Defines how long licenses last.
- Standard licenses are valid for two years
- Temporary or conditional licenses may be shorter
License Renewal (120.11)
Sets renewal requirements and timing.
- Renewal application submission
- Updated ownership and financial information
- Compliance history review
- Inventory and security verification
- Renewal fees
- Inspections may occur before renewal
- Late renewal may result in expiration or enforcement
License Denial (120.12)
Lists reasons an application may be denied.
- Failure to meet eligibility requirements
- False or misleading information
- Ownership or TPI violations
- Disqualifying criminal issues
- Incomplete financial disclosures
- Zoning or location violations
- Diversion concerns
- Municipal notice failures
- Unpaid fees
- Denials are issued in writing with reasons
Reapplication After Denial (120.13)
Explains how denied applicants may try again.
- Issues must be corrected
- Waiting periods may apply
- New application and fees are required
Voided Applications (120.14)
Explains when an application is voided.
- Failure to respond to OCM
- Missed deadlines
- False statements
- Abandonment of the process
- Voiding is not a denial
- Applicants must start over
Withdrawal of Application (120.15)
Allows applicants to withdraw voluntarily.
- Must be submitted in writing
- Can occur before a decision is issued
- Fees are not refunded
- Withdrawal is not a denial
Reviewing Disqualifying Offenses (120.16)
Explains how criminal history is evaluated.
- Nature of the offense
- Time since the offense
- Age at the time
- Evidence of rehabilitation
- Relationship to licensed activities
- Public safety considerations
- Mirrors New York Correction Law §§751–753
§Notification of Applicant Changes (120.17)
Requires disclosure of changes during review.
- Ownership changes
- Management changes
- Financial changes
- Location changes
- Failure to notify may result in denial or voiding
Notification of Licensee Changes (120.18)
Controls post-licensing modifications.
- Ownership or control changes
- Management changes
- Financial interest changes
- Location changes
- TPI changes
- Labor peace agreement changes
- Many changes require prior OCM approval
Licensed Premises for Cannabis Events (120.19)
Governs cannabis sales at events.
- Separate event-specific license required
- Location- and time-limited
- Security, inventory, and compliance rules apply
- Only approved licensees may sell or distribute
Opportunity to Cure (120.20)
Provides a chance to fix issues.
- OCM must notify applicants of deficiencies
- Applicants may correct issues before denial or voiding
Severability (120.21)
Preserves the rest of the rules if one section is invalid.
- If part of Part 120 is struck down, the remaining sections remain in effect
What Operators Usually Miss
- Voided applications are different from denials
- Tier limits are strict and enforceable
- Ownership and TPI disclosures apply throughout the process
- Many post-license changes require approval before action
When This Comes Up
- Preparing an initial adult-use application
- Responding to OCM follow-ups
- Adding investors or changing ownership
- Renewing a license
- Applying for event permissions
What Happens If You Ignore This
- Application rejection or voiding
- License denial or non-renewal
- Enforcement actions
- Loss of application fees
- Delays that reset the entire process
Related Pages
Source Material
