Last March former Gov. Andrew Cuomo signed the Marihuana Regulation and Taxation Act (MRTA) into law to much fanfare. In addition to legalizing adult-use cannabis, and overhauling New York’s existing medical marijuana law, it also created a new unified regulatory body to oversee the adult-use cannabis, medical marijuana, and cannabinoid hemp programs. Specifically, the MRTA established a Cannabis Control Board (the Board) to oversee the programs, and a subordinate Office of Cannabis Management (a division within the alcoholic beverage control) (OCM) to administer it.

Members of the Board are political appointees, split up among the governor and the legislature. Due to the scandal that engulfed the last six months of the Cuomo administration, no appointments were made to the Board during his tenure. This essentially meant that no progress was made on getting the new adult-use cannabis and medical marijuana programs off the ground, as the power to issue licenses, approve regulations, and appoint necessary directors and officers, lies with the Board. See MRTA Art. 2, §10 (Powers and Duties of the Cannabis Control Board). This logjam appears to have been broken earlier this month, after Gov. Kathy Hochul took the reins.

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