Matthew Schwartz

Matthew Schwartz represents developers, property owners, architects, engineers and contractors in both litigation and transactional matters. In litigation, he has a great deal of experience representing clients in contractual disputes arising from lease agreements and contracts of sale, as well as a variety of construction-related matters, including, those arising from damages or defect claims, adjacent property access, project delays and breach of contract. Advising clients on transactions, he is known for his work drafting and negotiating access agreements on behalf of developers and adjacent property owners.

Social and Economic Equity Applicants

New York Cannabis: Social and Economic Equity Applicants

As we previously broadly summarized on December 27, 2022 (here), in late December 2022, the Office of Cannabis Management (“OCM”) released its first proposed adult-use cannabis rules and regulation for New York (the “Proposed Regulations”). The official document is 282 pages, so we won’t cover every detail. But we will highlight the big-ticket items, significant issues

cannabis advertising and branding

New York’s Cannabis Retail Dispensary Regulations, Part 4: Advertising and Branding Your Dispensary and Products

Welcome to Part 4 in our series on New York’s Cannabis Retail Dispensary Regulations. For prior posts in this series, check out the following: New York’s Cannabis Retail Dispensary Guidelines are Here! New York’s Cannabis Retail Dispensary Guidelines, Part 1: Dispensary Operations New York’s Cannabis Retail Dispensary Guidelines, Part 2: Security and Surveillance New York’s

caurd employee hiring

New York’s Cannabis Retail Dispensary Regulations, Part 3: Hiring and Training Your Employees

As we previously broadly summarized on October 31, 2022, the Office of Cannabis Management (OCM) released its “Guidance for Adult-Use Dispensaries” (the Regulations) on Friday, October 28, 2022. The Regulations provide guidance for Conditional Adult-Use Retails Dispensary (CAURD) licensees and applicants. Last week, at a hearing with the Cannabis Control Board, it was announced that

new york cannabis task force

New York Task Force to Target Unregulated Cannabis Sales

At a press conference on December 15, 2022, New York City Mayor Adams announced the creation of a joint task force between the New York City Sheriff’s Office, the NYPD, the city’s Department of Consumer and Worker Protections and the New York State Office of Cannabis Management to weed out illegal dispensaries. What the task

security

New York’s Cannabis Retail Dispensary Regulations, Part 2: Security and Surveillance

Welcome to Part 2 in this series on New York’s cannabis retail dispensary regulations, covering security. In Part 1, we covered the rules around dispensary operations. As we also previously summarized, on Friday, October 28, 2022, the Office of Cannabis Management (OCM) released its “Guidance for Adult-Use Dispensaries” (the Regulations). The Regulations are promulgated to

new york caurd licensing

BREAKING: NY Federal Judge Blocks CAURD Licensing in Five Regions

On November 10, 2022, a Judge Gary L. Sharpe of the New York Federal District Court in Syracuse entered an order enjoining New York’s retail cannabis dispensary application process in five regions of the state (Brooklyn, Central New York, Finger Lakes, Mid-Hudson and Western New York) for the Conditional Adult Use Retail Dispensary (“CAURD”) licenses.

new york caurd regulations

New York’s Cannabis Retail Dispensary Regulations, Part 1: Dispensary Operations

As we previously summarized, on Friday, October 28, 2022, the Office of Cannabis Management (OCM) released its “Guidance for Adult-Use Dispensaries” (the Regulations). The Regulations provide guidance for Conditional Adult-Use Retails Dispensary (CAURD) licensees and applicants. While we believed that the Regulations could be explained in only five (5) parts, after we reviewed the Regulations,

long island cannabis dispensary zoning

Long Island Cannabis Dispensary Zoning

Prospective cannabis businesses seeking to open dispensaries on Long Island are running into several issues and roadblocks with the proposed or adopted zoning legislation restricting operators to mainly industrial areas. As it stands, dispensaries can open only in Long Island towns that opted in for retail cannabis sales. To date, Babylon, Brookhaven, Riverhead and Southampton have opted-in

caurd application attestation

New York Cannabis: Notable CAURD Application Attestations

During the submission of the Conditional Adult Use Retail Dispensary (“CAURD”) application, applicants are required to submit and certify several attestations prior to final submission of an application. These attestations must be sworn to and initialed by the applicant (if an individual), a managing member of the applicant (if a limited liability company), an officer

CAURD applicants

What is a Labor Peace Agreement and Why Do CAURD Applicants Need One?

Conditional Adult Use Retail Dispensary (“CAURD”) license applicants and those applicants seeking unconditional licenses in New York must comply with the New York State mandate and enter into, maintain and comply with a Labor Peace Agreement (“LPA”) with a bona-fide labor union. However, an LPA is not required to apply for a CAURD license, but