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Tuesday, August 9, 2022

How to qualify for justice for a New York cannabis license

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To help New York’s cannabis industry leaders get on the right foot, Team VS New York has created an eight-part series of VS Insights to help navigate the process of applying for a commercial cannabis license in New York. The series will cover essential topics for New York cannabis entrepreneurs, such as shaping your businessAnd the Preparing for licensing applicationsAnd the Finding the right real estateAnd the Protect your brandFundraising, investment and communication with municipal officials and environmental requirements.

Part 5 of the series focuses on the requirements to qualify as a social equity applicant for a CAURD license.

The New York Cannabis Control Board (CCB) recently adopted regulations that create and govern the first batch of retail licenses for adult use, conditional retail dispensary licenses for adult use (CAURD). Licenses are reserved for individuals who have been disproportionately affected by the war on drugs, termed “individuals involved in justice.” Orders are expected to be issued in August 2022.

What does the phrase “justice involved” mean, and how can one take advantage of the benefits associated with this classification?

a “Sharing justice“An individual is a person who:

  1. Was a New York resident convicted of a marijuana-related crime in New York prior to March 31, 2021

  2. is a parent, legal guardian, child, spouse, or dependent who was a resident of New York and was convicted of a marijuana-related crime in New York prior to March 31, 2021

  3. was a dependent of an individual who was a New York resident who had been convicted of a marijuana-related crime in New York prior to March 31, 2021

The equity-focused licensing program aims to benefit individuals directly affected by the over-security and high rates of arrest and incarceration caused by the cannabis ban. However, there are additional requirements that a qualified applicant must meet to qualify, which are described below. Notably, the person in question must own or have held, for a minimum of two years, at least 10% ownership and control of a corporation that has had net profits for at least two years, or an eligible non-profit corporation.

that “Eligible applicant” he is:

  1. applicant:

    1. It has a large presence in the state of New York, both individually and by having a major corporate location in the state

    2. established or otherwise organized in the State

    3. Has ownership by the majority of physical residents of the state for at least 180 calendar days during the current year or 540 calendar days over three years

  2. An individual, or an entity with one or more individuals, in which at least one individual is involved in the equity, and the person in the equity holds or has held for at least two years at least 10% of the ownership and control of a company with net profits for at least two years, or corporation Eligible nonprofit

  3. A nonprofit that is recognized as a 501(c)(3); Deliberately serves over-demanding communities; Manages and operates a social enterprise that has at least two years of positive net assets or earnings; Has a history of creating opportunities for individuals concerned with justice; has board members or officers involved in justice; It has at least five full-time employees

To ensure that these limited availability licenses reach directly to people affected by the drug war, CCB has adopted strict rules of ownership and control. The entity applying for the license must:

  • Be owned at least 51% in the aggregate by one or more equity participants who currently own or have held, for at least two years, the ownership and control of a corporation that has generated net profits for at least two years, or an eligible non-profit organization

  • Have at least one individual — an equity participant, who owns or has held, for at least two years, at least 10% ownership and control of a corporation that has had net profits for at least two years, or a qualified nonprofit organization, that owns at least 30% ownership and exercises The exclusive control of the applicant or the licensee

I know that I am an individual involved in justice. How do I prove that?

Because these licenses are reserved for a specific group of eligible individuals, the state has established specific documentation requirements to demonstrate that the applicant meets the specified criteria.

First, make sure you can demonstrate conviction.

As a reminder, a conviction for a marijuana-related crime in New York must be prior to March 31, 2021 and the convicted person must be a resident of New York at the time of arrest.

Easier to save a file disposition certificate or a Certified indictmentbut if you do not have any of these materials, the state will also accept any of the following as evidence of conviction:

  • Judgment and conviction record

  • Minutes of payment, judgment and judgment

  • An entry in the court schedule from court records indicating a conviction

  • Court hearing transcript or transcript of a hearing indicating a conviction

  • Summary of the conviction record prepared by the court in which the conviction was recorded, or by a government official associated with the state’s criminal justice records repository, indicating the charge or legal oath that was violated, the disposition of the case, and the existence and date of the conviction and sentence

  • Any document or record prepared by or at the direction of the court in which the conviction was recorded and which indicates the existence of a conviction

  • Any other evidence that reasonably indicates a criminal conviction may be admissible as evidence

  • An arrest report indicating a conviction

  • Police file indicating a conviction

  • Health records indicating a conviction

  • Notarized attorney letters indicating a conviction

  • Acknowledgment of Application for Destruction of Deleted Marijuana Conviction Record (DCJS)

  • Request to destroy deleted marijuana conviction record

  • CPL-440 Post-Conviction Request to Revoke a Criminal Conviction or Re-open a Criminal Case

  • Governor’s Representation Letter

  • Responsive records maintained by state or local correctional facilities

  • Results from a criminal history background check

Additional materials may be considered on a case-by-case basis. We recommend contacting the Office of Cannabis Management (OCM) directly to check if substances not listed above are sufficient.

Second: Proof of residence at the time of conviction.

One of the factors that contribute to the registration of applications is the residence of the individual concerned at the time of his conviction. Make sure you have the address of residence at the time of the accident and a way to prove it.

If the individual is in public housing at the time of arrest, you will be asked to provide the name of the Public Housing Authority. If they are in temporary housing, you will be asked to provide evidence that the convicted person did not have permanent housing at the time of the accident. This may be in the form of a document from the Temporary Housing Corporation dated at the time of the accident. An example is a letter addressed to the person concerned with justice from a homeless shelter, dated at the time of temporary residence, indicating that the individual was residing in a homeless shelter.

Some of the ways to provide proof of residence at the time of conviction include:

  • A valid New York State driver’s license, non-driver ID, or learner’s permit

  • File or state or federal tax return (with proof of deposit)

  • Water and electricity bills

  • Credit Card Account Statements

  • Rentals

  • Mortgage data

  • property tax information

Additional ways to prove residency include:

  • IDNYC . Card

  • A letter from the Public Housing Authority addressed to the applicant

  • A letter addressed to the applicant from a non-profit organization or religious institution that provides services to homeless individuals

  • Passbook)

  • An offer of employment or a payment notice showing the accommodation provided by the employer, including the address

  • A statement, invoice or record from a health institution or insurance company

  • Jury subpoena, court order, or other official court document

  • Letter from a domestic violence (DV) residential care program or organization serving domestic violence survivors

  • A letter from a charitable organization that provides services to the convict, proving the individual’s residence

  • A document addressed to the convict from any government agency

Additional materials may be considered on a case-by-case basis. We recommend contacting the Office of Cannabis Management directly to check if substances not listed above are sufficient.

Third, provide proof of ownership of the eligible business.

The person in question must own or have held, for at least two years, at least 10% of the ownership and control of a corporation that has had net profits for at least two years, or an eligible non-profit corporation. To meet the criteria, you must demonstrate ownership and profitability of the eligible business.

You will be asked to upload the following documents:

  • Proof of ownership, including operating agreements or other company documents

  • Tax documents, such as W-3s, insurance receipts, or similar documents

  • Two years of state, federal, or city tax documents from the time the eligible corporation generated positive net profits and the individual in question was at least 10% owner

  • Evidence of on-site operation, such as a utility bill, lease, title deed or title deed

I think I qualify as a “participant in justice” individual, but I’m not sure.


Read other articles in the New York VS Cannabis Business Series:

[View source.]

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