New York’s release of the revised adult-use rules and regulations has been well-publicized. A key revision that was the source of significant speculation was whether the Office of Cannabis Management (OCM) and Cannabis Control Board (CCB) would revise the True Party of Interest (TPI) definition with respect to ancillary service providers and the monetary limits before TPI status is triggered. And they did!
The revised TPI limits apply to the following parties:
Parties with risk sharing or goods and services agreements with the applicant/licensee;
Parties that consult and receive flat or hourly compensation from an applicant/licensee under a goods and services agreement; and
Goods and services provides that do not have any right to control the applicant/licensee.
Any party that falls under the aforementioned categories does not constitute a TPI as long as the payments in “that calendar year” do not “exceed the greater of”
10% of the gross revenue of the applicant/licensee;
50% of the net profit of the applicant/licensee; or
$250,00 from the applicant/licensee.
The key revision was increasing the dollar figure amount from $100,000 to $250,000, which will be particularly relevant to service providers to licensees in their first year(s) of operation, when gross revenue and/or net profit has the potential to be low.
Practically speaking, it will be interesting to see how the OCM actually applies this rule, given that gross revenue and net profit for a calendar year cannot actually be calculated until the end of the calendar year. It would not be surprising to see service providers structure contracts with a base compensation of $250 plus a year-end “true up” based on the licensee’s gross revenue or net profit.
We will keep working through the significant revisions to New York’s adult-use rules and regulations. Stay tuned!