Part 121 defines who qualifies for Social and Economic Equity (SEE) status in New York’s cannabis program and how that status must be documented, maintained, and enforced. These rules govern eligibility, ownership and control, disclosure obligations, and community impact commitments.
SEE status is regulated. Eligibility is not symbolic and must be proven, monitored, and preserved throughout licensure.
To qualify as a Social and Economic Equity applicant, the person or group in sole control of the business must fall into at least one qualifying category.
Qualifying categories include:
Anyone counted toward sole control must own at least 1 percent of the business.
An owner may qualify as impacted if they:
OCM may consider exceptions related to incarceration, foster care placement, homelessness, or schooling.
OCM determines impacted communities using evidence such as arrest and conviction data, enforcement patterns, child protective removals, deportation records, or similar indicators.
Applicants must provide either:
Applicants must also demonstrate that the business qualifies as a small business using payroll records, receipts, bylaws, or comparable documentation.
A distressed farmer must show:
Applicants must provide:
Additional priority may be given if the applicant:
Applicants must prove that SEE-qualified individuals genuinely own and control the business.
OCM may require documentation such as:
If documentation is incomplete, OCM may allow governance policies to be submitted within 30 days.
If OCM later determines that control is not genuine, the license may be suspended, canceled, or revoked.
SEE licensees must disclose any material change affecting:
OCM approval is required before changes take effect.
Failure to disclose may result in suspension, revocation, or denial of licensure. Any person inside the company may report suspected non-disclosure. Whistleblowers are legally protected.
SEE applicants and licensees must submit and maintain a community impact plan.
The plan must explain:
OCM may bar individuals or entities from future licensure if they knowingly assist a business that fraudulently claimed SEE status.
Applicants must submit a dedicated SEE application with proof of eligibility.
If information is missing, OCM will issue a deficiency notice with a deadline to cure. Applications with unresolved deficiencies will not be considered.
Applicants may request reconsideration of a negative determination within 30 days.
If any portion of Part 121 is ruled invalid, the remaining provisions remain enforceable.
