MJBiz - November/December 2023 - 44

INDUSTRY DEVELOPMENTS State by State
New York
Regulators launched an application window through Dec. 4 for several types of marijuana business
licenses, with priority given to social and economic equity applicants.
The Office of Cannabis Management plans to issue as many as 1,500 licenses for cultivation,
processing, retail and microbusinesses. The vast majority-between 500 and 1,000-are designated for
retail dispensaries.
In addition to opening the general license application, currently operational Adult-Use Conditional
Cultivators and Conditional Processors will also be able to apply for full, non-conditional licenses.
Oklahoma
The state Supreme Court declined to hear arguments challenging a new law that significantly raises
fees for medical cannabis operators.
The petition-filed by Jeb Green, founder of Oklahomans for Responsible Cannabis Action, as well
as the Bingo 101, Oklahoma Natural Cures and Pharside dispensaries-claims the new fee structure
violates the state constitution and is a " revenue-raising tax disguised as a fee. "
The challenge also alleges the bill wasn't passed through the three-fourths majority required by
state law, and its approval came within the last five days of the legislative session. The petition will
now be sent to district court in Oklahoma County.
The law, which took effect June 1, changed the fee structure that licensed growers are required to
pay the Oklahoma Medical Marijuana Authority. Instead of a flat rate of $2,500, cultivators are now
charged a graduated fee based on a grow's total square footage that can reach up to $50,000.
Additionally, a multi-agency investigation resulted in the closure of five marijuana businesses and the
seizure of thousands of pounds of untraceable cannabis. Oklahoma's legal MMJ businesses are required
by law to either integrate with or input their information into the Metrc track-and-trace system.
Oregon
The Oregon Liquor and Cannabis Commission will allow the sale and transfer of marijuana products
that have tested positive for aspergillus, a type of mold that has led to product recalls in several
markets.
The regulator's decision means 2,500 pounds of cannabis and 65,000 infused pre-roll units that
previously tested positive for the mold but were held back can now be sold through licensed channels,
according to a news release.
The Oregon Health Authority in May adopted new rules for cannabis producers that had " zero
tolerance " for any products that tested positive for aspergillus. Cultivators legally challenged the rules,
arguing that the mold hasn't been proved to be harmful and that a zero-tolerance approach would
put them out of business.
Aspergillus isn't harmful to healthy people, according to the Centers for Disease Control and
Prevention, but for people with compromised immune systems, breathing in the mold can cause
infection.
Pennsylvania
The state Senate approved a bill allowing medical marijuana growers and processors to sell product
directly to patients.
Senate Bill 773 would grant dispensary licenses to cannabis cultivators and product manufacturers
to serve patients directly. The bill now heads to the House, where some lawmakers could propose
additional measures.
If successful, the legislation would require the signature of Gov. Josh Shapiro, who has
shown support for adult-use marijuana legalization.
44 November-December 2023 | MJBizMagazine

MJBiz - November/December 2023

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