On March 15, 2022, Governor Kathy Hochul announced the opening of the portal to obtain an Adult-use Conditional Cultivator License to grow adult-use cannabis. Farmers who qualify and apply will pay a non-refundable $2,000 application and licensing fee.
To qualify for this license an applicant must have been
- an authorized industrial hemp research partner for the New York State Department of Agriculture and Markets;
- cultivating hemp for its non-intoxicating cannabinoid content for at least two of the past four years; and
- in good standing as of December 31, 2021, when the research program ended.
If an applicant does not meet these thresholds, it may not apply for an Adult-use Conditional Cultivator License.
The license allows farmers to grow adult-use cannabis outdoors or in a greenhouse for up to two years from the issuance of the license. Further, the license allows farmers to manufacture and distribute cannabis flower products without holding an adult-use processor or distributor license, until June 1, 2023. License holders are limited to one acre (43,560 square feet) of flowering canopy outdoors or 25,000 square feet in a greenhouse with up to 20 artificial lights. There is also an option to split between outdoor and greenhouse growing with a maximum total canopy of 30,000 square feet, as long as greenhouse flowering canopy remains under 20,000 square feet.
Holders of an Adult-use Conditional Cultivator License must meet certain requirements, including
- engaging in safe, sustainable and environmentally friendly cultivation practices;
- participating in a social equity mentoring program; and
- entering into a labor peace agreement (an agreement that the applicant will not prevent a union vote by its workers in exchange for no labor action by a union) with a bona fide labor organization.
