Simon Malinowski

Simon was appointed managing attorney of our New York office in 2021, but he’s been contributing to our clients’ success since he worked for Harris Bricken as a summer associate in 2010 and 2011.

A seasoned real estate attorney, Simon advises developers, investors, contractors, and design professionals across all stages of the property development process, including: condominiums; multi-family rental properties; retail developments; mixed-use developments; and special projects. He also provides comprehensive legal services covering all aspects of commercial property ownership, from leases to refinancing to renovating.

adult-use rules

New York Adult-Use Cannabis Rules and Regulations: They’re (Almost) Here

On November 15, 2022, New York’s Cannabis Control Board (CCB) announced a significant CCB meeting that is scheduled to be held in-person and virtually on November 21, 2022. The rumor was that the full set of licensing rules and regulations would be released at the meeting. On November 17, 2022, the Office of Cannabis Management

new york dispensary regulations

New York’s Cannabis Retail Dispensary Regulations Are Here!

On Friday, October 28, 2022, with no announcement, publicity or advance warning, the Office of Cannabis Management (OCM) released its “Guidance for Adult-Use Dispensaries” (the Regulations). Although not expressly referenced in the title, the intent of releasing these regulations is to provide guidance for Conditional Adult-Use Retails Dispensary (CAURD) licensees and applicants. All CAURD applicants

new york cannabis sales update

New York Cannabis Sales: An Update

New York’s Office of Cannabis Management (OCM) provided an update on the timing of adult-use sales: still in 2022! As reported by Spectrum News 1, on Friday, October 7, 2022, OCM Executive Director Chris Alexander announced that: (i) conditional cultivator licensees’ crops will be ready for sale by year end; and (ii) dispensaries will be

new york social equity

New York’s Social Equity Fund Limited Partnership Agreement

During a little advertised Cannabis Control Board (CCB) meeting, the CCB announced and approved a Limited Partnership Agreement for New York’s Social Equity Fund. As a brief refresher, the Social Equity Fund was mandated by the Marijuana Regulation and Taxation Act (MRTA). On January 5, 2022, Governor Kathy Hochul announced that the fund would be,

Director of Policy

Meet New York’s Cannabis Director of Policy

As part of New York Cannabis Control Board’s (CCB) meeting on August 15, 2022, the CCB proposed and approved John Kagia as the Office of Cannabis Management’s Director of Policy. Given the expansive and stratified plans for New York’s adult-use cannabis industry (with the general ban on vertical integration, emphasis on social equity and advanced

new york home cultivation

New York’s Home Cultivation Regulations

As part of New York’s Cannabis Control Board (CCB) meeting on September 20, 2022, the CCB passed a resolution to permit the Office of Cannabis Management (OCM) to adopt revised regulations for home cannabis cultivation. To be clear, pursuant to the Marijuana Regulation and Taxation Act (MRTA), home cannabis cultivation is currently limited to medical

new york cannabis licensing

New York Cannabis Licensing: THE Timing Update

The Office of Cannabis Management (OCM) provided an update on when New York’s adult-use cannabis market (in full) should start accepting New York cannabis license applications: the middle of 2023. As reported by NY Cannabis Insider, OCM Executive Director Chris Alexander responded to a question about growing and processing cannabis and provided this licensing timeline:

caurd application

New York CAURD Application Review: All Together Now!

In all of the news about New York’s Office of Cannabis Management (OCM) starting to accept applications for Conditional Adult-Use Retail Dispensary (CAURD) license applications, one glaring piece of information was missing: will the OCM review applications on a rolling basis starting on August 25, 2022? Or, will OCM review applications all together when the

new york caurd

New York to Accept Retail Dispensary Apps August 25

It is finally here: New York’s Office of Cannabis Management (OCM) announced that it will begin accepting applications for the Conditional Adult-Use Retail Dispensary (CAURD) Licenses on August 25, 2022. Applications will be accepted through the OCM’s online portal and the application window will close on September 26, 2022. This is obviously a huge deal

new york caurd update

New York CAURD Locations: The Update

We recently got on our soap box about the importance of hiring a New York cannabis attorney. The catalyst for that post was the question of whether applicants for New York’s Conditional Adult-Use Retail Dispensary (CAURD) license can select their own real estate. We have an answer: no. A brief refresher of the drama. Section