Table of contents
Overview
An Adult-Use Processor Type 3 Branding license holder (“brand licensee”) is authorized to market their brand(s) of cannabis product in New York State’s adult-use cannabis market. Pursuant to Section 123.5 of Title 9 of the New York Code Rules and Regulations (NYCRR) a processor may only enter into a branding or white labeling agreement with its true parties of interest, or another licensee provided that such licensee is not otherwise prohibited under New York Code Rules and Regulations (NYCRR).
This license type allows brand licensees to enter into white-labeling agreements without having to become a true party of interest in a New York State licensed adult-use processor or having to establish a processing facility in New York State. White labeling, for the Type 3 Brand License shall mean cannabis products processed, branded, and distributed by a licensed processor authorized for plant-touching activities for a brand licensee with whom they have an agreement, which may include adherence to a specified master manufacturing protocol for brand quality standards.
This license type authorizes the brand licensee to provide intellectual property (e.g. logos, product quality plans, etc.), non-cannabis ingredients (e.g. rolling papers, flavoring agents, etc.), equipment, and other materials (e.g. vaporizers) to another New York State licensed processor authorized for plant-touching activities with which the brand licensee has entered into a white labeling agreement. A brand licensee may, as part of a white labeling agreement, set certain standards that the processor must meet (e.g. regarding the quality of finished cannabis products or regarding the manufacturing processes used to make the cannabis products).
This license type does not authorize any cannabis plant touching activity, including but not limited to extracting, blending, infusing, packaging, labeling, and otherwise making or preparing cannabis products, and is solely to license New York State and out-of-state cannabis brands so they can partner with a New York State licensed processor who is authorized to conduct plant touching processing activities, to white label and manufacture their cannabis brand. All required recordkeeping for the production of any cannabis products (from the brand) must be maintained by a licensee who is authorized to conduct plant-touching activities.
All relationship restrictions that apply to a processor license, apply to a brand licensee, including but not limited to restrictions relating to undue influence, control, ownership, and true parties of interest. No processor, brand licensee, or its true party of interest, is permitted to have any direct or indirect interest, including by being a true party of interest, passive investor, or having a goods and services agreement with, or by any other means, in an adult-use retail dispensary, on-site consumption, delivery, a registered organization registered under article 3 of the Cannabis Law, or cannabis laboratory licensee or permittee. A brand licensee shall only conduct those activities specified on its application, whether on an initial or amended application, that have been approved by the Office of Cannabis Management (Office) for such processor.
As with processors, brand licensees and true parties of interest are subject to all applicable laws, rules, regulations, and guidance. Failure to comply with any current or future laws, rules, regulations, or guidance issued by the Office may result in disciplinary action, including, but not limited to, revocation of the license.
Requirements for an Adult-Use Processor Type 3 Branding License
- The applicant and anyone in the ownership structure must be 21 years of age or over.
- The applicant must be a United States citizen, or a person lawfully admitted for permanent residence in the United States. A corporation that otherwise conforms to the requirements of the Cannabis Law may be licensed if each of its principal officers and more than one-half of its directors are citizens of the United States or persons lawfully admitted for permanent residence in the United States.
- The applicant must provide a federal employee identification number (“FEIN”) or, if operating as a sole proprietor with no employees, a social security number may be used. (Did you know you can get an FEIN even if operating as a sole proprietor here? Consult with your accountant or attorney for more information)
- The applicant must provide name and contact information for all True Parties of Interest. What is a True Party of Interest?
- The applicant must provide ownership, management, and financial information including organizational structure/ charts, capitalization tables/ ownership structures, and any proposed or existing sources of capital.
- Payment of non-refundable Application Fee.
How to Apply for An Adult-Use Processor Type 3- Branding License
- Schedule a complimentary consultation call with our New York Licensing team to assist in preparing your application, required documentation, and diligence. The New York licensing process is highly competitive.
- Review our New York state cannabis page and current Processor Type 3 opportunities before your scheduled consultation.
- All applications must be submitted online through New York Business Express (NYBE). Our consultants will assist you in the online submittal process.
- Sign in or create a NY.gov account.
- Your application has a save and resume feature. It’s not required to complete it within one sitting. This is advantageous as our team has an ongoing collaboration with you to present the most complete and compelling online cannabis application.
- After your application is fully submitted with all required documents, you can log in to NYBE at any time to monitor your application status.
Required Fees for 2025 Applicants
| TYPE | REFUNDABLE | AMOUNT | COMMENTS |
|---|---|---|---|
| Adult-Use Processor Type 3 – Branding Application Fee | No | $1,000 | An application fee is required to be paid online in order to submit an application. |
| Adult-Use Processor Type 3 – Branding License Fee | No | $2,000 | A license fee is required to be paid online once the license is approved in order for the final license to be issued. |
Payment Options
Credit card transactions are accepted up to a limit of $5000. For all transactions exceeding $5000, ACH will be the only accepted method of payment.
Fee Details
Application and license fees are reduced by 50% for qualified Social and Economic Equity (SEE) applicants.
Find Assistance
For assistance preparing and submitting your application for a cannabis license contact our New York cannabis consulting team for your complimentary consultation to get started.
Additional Information
FAQs
Who are the cannabis regulatory agencies in New York?
The New York State Office of Cannabis Management (OCM) was established upon passage of the Marijuana Regulation and Taxation Act (MRTA) in March 2021 to implement a regulatory framework for medical and adult-use cannabis and hemp in the state of New York.
If I want to apply for a New York Cannabis License where do I start?
Start by booking a complimentary consultation with our New York consulting team. From securing municipal approvals, and applying for and receiving a cannabis license, to developing SOPs and facility designs, there are significant considerations involved. Our consultants provide end-to-end support to help you launch and sustain your New York based cannabis business.
What services do our New York Cannabis Consultants provide?
Our consultants offer cannabis business planning, application writing, facility design, municipal approval, operational guidance, and cannabis M&A advisory services to help you achieve your goals in the cannabis industry. View our services page for more information.
Do our New York Cannabis Consultants assist with cannabis applications and licensing?
Yes. Our team of operational advisors and technical writers will craft a comprehensive, compliant, and unique application.
Where can I find more information on opening a cannabis business in New York?
Visit our New York cannabis page to learn more about local laws and regulations, license types, fees, and more.
How do I reach your New York cannabis consulting team?
Our consulting team offers a complimentary consultation and is excited to partner with you in your journey. Contact us to set up your consultation call today.
What is NYS OCM enforcement?
The Office of Cannabis Management Enforcement Division who upholds New York’s cannabis laws and regulations
Is recreational cannabis legal in New York?
Yes, recreational cannabis has been legal in New York since 2021. It can only be purchased legally at state-approved dispensaries.
• New York has allowed medical marijuana since 2016.
• In 2021, New York legalized recreational marijuana.
• As of 2022, recreational cannabis is sold legally in New York, including on Native American reservations.
• Recreational cannabis is only available for purchase at state-approved dispensaries.
Where do I find more information on the process of applying for a cannabis license?
The cannabis business licensing application process is complex and demands meticulous planning, regulatory compliance, and operational expertise. Numerous variables and intricate details must align with the framework established by cannabis regulators and local authorities. Learn more about the process here.
What is the cannabis cultivation law in NYS?
New Yorkers 21 years and older can grow up to six plants in their home for personal use (3 mature plants and 3 immature plants) and a maximum of twelve plants per household (6 mature plants and 6 immature plants), even if there are three or more adults 21 and over in the residence.
How hard is it to get a cannabis license in NY?
To obtain a license, applicants must meet all eligibility requirements and submit a competitive application. If you do not meet the eligibility requirements for a license, or you apply and are not selected, you may have other opportunities to apply for an adult-use cannabis license in the future.
