In the leadup to the Office of Cannabis Management (“OCM”) application portal opening date of August 25, 2022 for Conditional Adult Use Retail Dispensary (“CAURD”) licenses we have received a few repeat questions from our clients regarding the application.
This list of frequently asked questions is by no means the entirety of the questions we receive, but many of the same questions keep arising and this should provide concise answers to some lingering questions you may have.
What documents can an applicant submit as proof of criminal record(s) to the OCM?
To satisfy this important requirement for the justice-involved applicants, the OCM has laid out a multitude of acceptable forms of proof of criminal record(s) and/or conviction(s). Below is a non-exhaustive list of documents that can be provided to the OCM to satisfy this requirement.
A Certificate of Disposition (This can be requested by the convicted individual from the court that sentenced them. Some courts may charge a small fee to obtain a Certificate of Disposition)
A record of judgment and conviction;
A record of plea, verdict and sentence;
A docket entry from court records that indicates the existence of a conviction;
Minutes of a court proceeding or a transcript of a hearing that indicates the existence of a conviction;
An arrest record that indicates the existence of a conviction;
A police file that indicates the existence of a conviction;
Health Records that indicate the existence of a conviction;
Notarized attorneys’ letters that indicate the existence of a conviction; or
Results from a criminal history background check.
How does an applicant submit their fingerprints to the OCM?
Applicants will not be required to provide fingerprints until the final stages of the application process. Selected applicants will be notified by the OCM when they must submit this as part of their application.
What is the Freedom of Information Law request in reference to and what does the OCM need from each applicant?
Each applicant is required to designate each portion of their application that the applicant considers to be exempt from disclosure under the NYS Freedom of Information Law (“FOIL”). As a State run entity, the OCM will disclose records in response to FOIL requests as required by the relevant Public Officers Law.
If an applicant believes that information submitted in their application should be exempt from disclosure as “trade secrets” or “critical infrastructure information,” the applicant should request such an exception. Information constituting trade secrets or critical infrastructure information for purposes of FOIL should be clearly marked and identified as such by the applicant upon submission. Each page containing such information should contain a footer notifying the OCM that the material on the page is requested to be exempt from disclosure under FOIL.
Do applicants need a labor peace agreement (“LPA”) submitted in connection with their application?
An LPA is not required to apply for a CAURD license, but selected applicants will be required to enter into an LPA with a bona fide labor organization prior to final license award.
Are applicants required to submit insurance documents in connection with their application?
Applicants will not be required to provide this until the final stages of the application process, which will be made clear as you go through the online application. Selected applicants will be notified by the OCM when they must submit this as part of their application.
Do applicants need to submit a Business Continuity Plan in connection with their application?
Applicants will not be required to provide a Business Continuity Plan until the final stages of the application process, which will be made clear as you go through the online application. Selected applicants will be notified by the Office when they must submit this as part of their application.
As you we have written before, for anyone interested in applying once the CUARD application portal opens on August 25th , we strongly recommend contacting an experienced cannabis attorney (including us!) and not just utilizing the responses above to complete your application. Stay tuned for further developments as the CAURD licensing portal opens next week and additional information rolls in.
In the meantime, for more on CAURD, check out the following posts:
New York’s Conditional Adult Use Dispensary License
New York CAURD: License Application Scoring — Part 1
New York CAURD: License Application Scoring and Selection — Part 2
Hire a New York Cannabis Attorney