New York Governor Kathy Hochul has proposed changing New York’s potency-based cannabis tax system with a simplified wholesale tax structure under her proposed $233 billion budget plan. The proposed new system includes a 9% excise tax at the wholesale level for the transfer of products from a distributor to a cannabis retailer.

Despite the legalization of adult-use cannabis in New York State, challenges remain for business owners looking to be a part of the new industry due to conflicts between state and federal law. Hurwitz Fine attorneys Joseph Reynolds and Alexis Florczak provide an update on this area and what’s ahead.

New York State has approved regulations for public comment on adult-use cannabis packaging, marketing, and testing.

Cannabis Law and Business attorney Alexis M. Florczak was recently quoted in the February 11, 2022 Buffalo Business First article, "Would-be cannabis businesses, be warned: New York state sends clear message on 'gifting' weed." The article delves into the issue of business owners "gifting" cannabis to customers and the legality of the exchange, with Alexis offering her expert opinion on the subject.

Attorney Joe Brown summarizes the key takeaways from the recent FAQ document released by the New York State Department of Labor on cannabis and the workplace.  

On March 31, 2021, Governor Cuomo signed the “Marihuana Regulation and Taxation Act” (“MRTA”) which legalized the recreational use of marijuana for individuals over the age of 21 and significantly impacts the ability of New York employers to maintain a drug-free workplace.  More specifically, the MRTA amends New York Law Labor Law Section 201-d, which protects employees’ right to engage in certain recreational activities outside of work. Labor & Employment Attorney Joseph S. Brown summarizes the changes to Section 201-d and discusses what steps employers should take to prepare themselves for compliance with the new legislation.