CannaBuff Issue 12 by CannaBuff

I S S U E 12

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issue 12

Contents

Publisher’s Letter Thank you for reading CannaBuff magazine. Throughout the past three

12 NY’s Medical Marijuana Program Suffering As State Focuses On A Recreational Market 16

months, we’ve been extremely busy following all of the cannabis news coming in from Albany, as there’s been many updates from the Office of Cannabis Management (OCM). Although the proposed rules do seem strict, we’re happy

A Q&A with Nerfis Elminowski, DNP

that the OCM is prioritizing public health and is making themselves available

A Q&A About Cannabis for Veterans and Holistic Healthcare

by actively seeking input from the public and industry stakeholders. We’ve

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Albany. I commend the OCM for their presence at these events and encourage

even been able to speak with OCM officials ourselves at events in Rochester and

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all of our readers to submit their own feedback on any proposed regulations to the OCM at regulations@ocm.ny.gov.

23 Sativa Remedy’s Grand Expansion 24

Since our last issue, tragedy struck the city of Buffalo. We were devastated to learn about the shooting at Tops and were saddened even more when we

Headshop Highlight: O’s Smoke Shop

learned that some of our personal friends, advertisers, and their employees

O’s Smoke Shops are Taking Over Niagara County

were there that day. I personally think that this warrants a closer examination of the regulations we have for assault weapons. The dark corners of the

26 Empire State Cannabis Update: 3 Conditional Market Lessons for Future Applicants

internet that enable the proliferation of evil and racist ideologies should also be very closely monitored, and in some cases, regulation might even be necessary. The Facebook posts that were made by members of law enforcement sadly

30 New York Releases Proposed Regulations for Conditional Adult-Use Retail Dispensaries & Medical Home-Grow

show us that racism is still a huge problem right here in WNY.

32 Medical Cannabis and Parkinson’s Disease

for Black and other minority entrepreneurs to share their stories and the

As a cannabis media company, racial justice is built into the fabric of the industry in which we operate. We’re going to continue to serve as a platform challenges they’ve had to overcome. We will continue to help reverse the harms done by the war on drugs, and push for positive change in our industry

36 WNY Cannabis Business Directory

and our larger WNY community. Buffalo is the city of good neighbors for a reason, and we’re glad to have our neighbors in times like these. If you are a legacy operator and need help bringing your business above ground

we’re here to help. In fact, we want to help. Please don’t hesitate to reach out to us. Thanks again for reading.

Geoff Brown |

FOUNDER, CANNABUFF

23 Publisher Creative Director Distribution & Advertising Design Advisory Board

Connect with Cannabuff TWITTER @CannaBuffNY FACEBOOK @CannaBuffNY INSTAGRAM @CannaBuffMag

Geoffrey Brown Justin DeLuca Pavel Belov Alex Monterville Terrance Bellnier, RPh, MPA Kaelan Castetter Maria Janda, PharmD Michael Monzillo, MS Jake Schecter, RN

Age-Specific Content On the Cover AGES

21+

CannaBuff does not promote or endorse the use of cannabis by anyone under the age of 21. Age specific content and ads are marked with the "Ages 21+" icon. Enjoy responsibly.

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DISCLAIMER: The information and documents herein (the content) are intended for personal, noncommercial, general informational purposes, do not constitute medical advice, and are not a substitute for the advice of a medical provider or other licensed professional. CannaBuff makes no warranty, express or implied, concerning the accuracy, completeness, reliability, timeliness, correctness, suitability, merchantability, or fitness for any particular purpose of the content, and in no event shall CannaBuff or its employees be liable for damages resulting from reading or use of the content. References to specific commercial products, or services by tradename, trademark, manufacturer, or otherwise, do not constitute or imply an endorsement or recommendation by CannaBuff.

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MEDICAL MARIJUANA

NY’s Medical Marijuana Program Suffering As State Focuses On A Recreational Market

By Brad Racino of NY Cannabis Insider

The Office of Cannabis Management has been slow to expand medical marijuana, is plagued by technology problems, and has ignored patient concerns, critics and patients tell NY Cannabis Insider. It might sound like a silly question, but it needs to be addressed. If you talk to many cannabis users, there seems to be an attitude of “I’ve never known if my weed was clean beforMedical marijuana patients and advocates allege the state agency responsible for regulating the cannabis industry is letting New York’s medical program crumble as it instead focuses its attention on setting up a recreational marketplace. The Office of Cannabis Management has been slow to expand medical marijuana, is plagued by technology problems, and has been been ignoring patient concerns as it tries to catch up after a delayed start in establishing the recreational marketplace, patients and others tell NY Cannabis Insider As a result, frustrated patients – some suffering from depression, anxiety, migraines, and the effects of chemotherapy – are stuck with long delays to enroll in the

A NY Cannabis Insider3 investigation has uncovered the following:

medical program and are unable to get the care they need. Instead of adding patients, New York is watching them bail, with some resorting to the grey market – which hurts the state’s ongoing effort to take control of the industry.

•

“New York is transitioning to adult-use and simultaneously has systematically weakened its medical program and made it as inaccessible as possible,” said Ngiste Abebe, president of the NY Medical Cannabis Industry Association1 and vice president of public policy at Columbia Care2. Political obstruction toward marijuana policy in the Empire State has primed this moment, according to experts interviewed by NY Cannabis Insider, and patients are now urging regulators to address mounting problems within a program that serves roughly 124,000 people — before things get worse.

•

Companies that operate those dispensaries are scrambling to adjust to a system of tracking patients after the state’s data management system4 went offline more than three weeks ago – and has yet to be fixed

•

Columbia Care, one of New York’s 10 licensed medical marijuana companies, is turning away 10 to 12 patients a day because of the state’s technical issues, according to Abebe

•

Verilife5, another state operator, ended its marijuana delivery service6 for patients on June 6, making an already inaccessible program that much more difficult for New Yorkers unable to make the sometimes hours-long trip to retrieve their medicine (the company would not explain why)

•

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“Expanding access to and supporting the medical cannabis program has been a priority of the Office of Cannabis Management and the Cannabis Control Board since we got started in October,” OCM spokesman Aaron Ghitelman told NY Cannabis Insider in response to questions for this article.

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New York’s adult-use marijuana legalization law (MRTA8) enacted last year “did a bunch of stuff that was lobbied for to improve the medical program,” said Katie Neer, the general counsel at Lantern9 and former director of government affairs at Acreage Holdings10. “But we’re not seeing that yet because OCM has been extraordinarily slow in rolling that out, and super hesitant in promoting or talking about the medical program.”

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“The unfortunate impact is that they’re definitely leaving patients behind,” Neer said.

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Nearly 10% of registered patients have left the state’s program since late January.

Fed up and at a loss, some patients are turning to the illicit market, which only strengthens the OCM’s main impediment7 to rolling out a successful recreational program.

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Patients are alleging weeks- to months-long waits for their medical cards to arrive from the Office of Cannabis Management, only to find those cards unscannable or inacceptable at dispensaries

The state’s medical marijuana problems did not start on the OCM’s watch.

When former Gov. Andrew Cuomo legalized medical marijuana in 2014 by signing the Compassionate Care Act11 into law, he did so

without actually supporting the program or wanting to see it succeed, explained Neer, who served as Cuomo’s assistant secretary for general government and financial services from 2014 to 2017. “His evolution on that issue was pure politics – public opinion and polls, trying to check his progressive boxes,” she said. (NY Cannabis Insider verified Neer’s statements with other former Cuomo staff, though they asked to remain anonymous). To maintain control over the program, Cuomo granted almost complete oversight of it to the NY Dept. of Health — a regulatory body under his direction, Neer said. As a result, the department implemented the program in a “very strict, very conservative way, and it’s playing out today — nobody likes it,” she said. “Patients are feeling a lot of pain and frustration, the optics are awful, and it’s objectively a poor program,” she said. The state originally licensed only five medical operators, which set up dispensaries at 19 locations12 throughout the state. No smokeable flower was allowed – only liquids, oils and capsules. Patients could not purchase more than a 30-day supply and relatively few conditions would qualify a patient for the program. In 2017, the state licensed five additional companies12 to service patients, and upped the total number of available dispensaries to 40. At the time, NYS Dept. of Public Health Commissioner Dr. Howard Zucker said that adding the new companies “will make it easier for patients across the state to obtain medical marijuana, improve the affordability of medical marijuana products through the introduction of new competition, and increase the variety of medical marijuana products available to patients.”13 The Cuomo administration’s self-assessment of its medical program the following year14 referred to it as a “national model” with nearly 60,000 certified patients. But today the program seems to have peaked — and has lost more than 12,500 patients since late January. As of June 1, there were 124,352 certified patients in a state with a population of roughly 20 million. For comparison, New Jersey has approximately 130,000 registered patients15 and a population less than half the size of New York’s. Americans for Safe Access16, a national organization advocating for medical cannabis, scores every state’s medical program in its yearly report. At the end of 2021, it awarded New York a “D” grade17 after identifying

problems with access, affordability, health and social equity, consumer protection and product safety. In addition, an “overwhelming majority” of patients surveyed for the report18 agreed that there are not enough dispensaries in New York State. That lack of access doesn’t look like it’s going to change any time soon. At the OCM and CCB’s first public meeting in October, regulators moved swiftly19 to make improvements to the medical program by allowing the sale of whole flower, expanding clinician and patient eligibility, waiving the $50 patient and caregiver registration fees, and streamlining the approval process for facilities to become designated caregiver facilities. However, critics allege the state is dragging its feet in addressing bigger, lingering problems within the program: Increasing the number of medical licenses available, expanding dispensary locations throughout the state, fixing IT and registration problems, and adopting home cultivation regulations. “We are reviewing and considering the best path forward for the expansion of registered organizations,” said Ghitelman, the OCM spokesperson. He added that the office is aware of registration issues, and is working on a long-term solution. Patients experiencing these problems should e-mail medical@ocm. ny.gov for help, he said.

PATIENTS ON THE LINE Nikki Lawley was a pediatric nurse helping to restrain a 10-year-old boy during a routine vaccination when the child headbutted the 46-year-old hard enough to cause a mild traumatic brain injury and whiplash resulting in cervical instability. Intense headaches and cognitive issues followed, and Lawley’s regime of pharmaceuticals left her feeling hopeless, out of control and suicidal. She tried medical marijuana for the first time during a trip to Las Vegas and credits the experience with saving her life. She’s now the chair for the newly formed Americans for Safe Access NYS Advisory Committee, which held its first meeting virtually on May 25. “I started as a nurse in life, and then I became a patient – which totally sucked – and now I’m an advocate,” Lawley told NY Cannabis Insider. In its first NY meeting, Lawley and the ASA identified several concerns with the state’s medical program. For one, there is no reciprocity. That means patients certified in other states can’t access NY dispensaries

FURTHER READING

1. 2. 3. 4.

a permanent card. Another shared a similar experience and vented24 that their “frustration with OCM and this state’s medical program is at an all time high.”

without a state-issued medical card, and to obtain one, they must be a state resident. Another gripe lies with certificates of analysis, which lay out the chemical details of marijuana products. Dispensaries in NY aren’t required to disclose these to customers, and often cite it as proprietary information, which means patients can’t easily determine what’s in their medicine.

A third patient wrote25, “I’m approaching 45 days of attempting to register as a cannabis patient in NY state. I’ve tried the website, I’ve emailed, I’ve called. I even filled out a manual form given to me via email (about two weeks ago) and still am not registered. No longer getting any responses from OCM.”

“If you go to Nevada or Arizona, the terpenes are listed on the packaging, the minor cannabinoids, and the percentages – that’s so important for patients to understand,” Lawley said.

If these patients aren’t able to purchase marijuana from medical dispensaries, they’re “getting it from the legacy market,” said Mitchell, who often does the same.

Lawley explained that as a medical patient, she doesn’t care about the percentage of THC. Rather, she wants to know which chemicals exist within the cannabis product in case they may pose a threat to her health and safety.

How does he feel about the OCM’s handling of the state’s medical program? “Hope and optimism that an agency specifically managing cannabis programs would give us appropriate care and attention has been replaced by dread and an expectation that things can and will only get worse and worse,” he told NY Cannabis Insider.

Additionally, the OCM still hasn’t adopted rules for patients to grow medical cannabis at home, despite publishing regulations in the NY State Register20 nearly seven months ago.

MEDICAL OPERATORS WAITING ON THE OCM

At its June 1 board meeting, OCM Executive Director Chris Alexander announced21 that a “clerical error” with the November public notice meant that the comment period will extend an additional 45 days into July.

Patients aren’t the only ones feeling the pain right now. The NY Medical Cannabis Industry Association is made up of nine multistate operators and works to “protect and serve the patients in New York’s medical cannabis program,” according to its website.

Patient and advocate Timothy Mitchell, who also attended the ASA meeting, said he was filled with “outrage and disgust” after hearing about the clerical error and resulting extension.

Abebe, the association’s president, said the OCM and CCB have a long way to go to improve the medical program not just for patients but for the state’s operators, as well.

“Not only is there no talk of fixing the crippling IT problems causing patient registration issues (preventing dispensary use), this patient protection for us to be self-sufficient has been delayed even further – at a time when outdoor grows could be happening and saving us money while fuel is hitting all-time highs,” Mitchell said.

The MRTA legalized expanding the state’s medical program with a focus on minorities, women-owned businesses and a social equity focus, she explained. “And we still haven’t heard any word about expanded medical licenses, and improving the diversity and access on the medical side.”

To his point, outside of Plattsburgh and Native American Nations, no licensed dispensaries exist within more than 12,000 square miles between I-90 and the Canadian border.

Also, she said, “New York is one of the few states that charges an excise tax on its medical cannabis products, in addition to its adult-use products, and that tax should go away because we don’t tax cough syrup or any other prescription medication in New York — and you can’t access medical cannabis without a certification from a medical provider.”

Mitchell, who suffers from chronic pain, insomnia and anxiety, spent years trying to convince legislators to include progressive updates to the state’s medical program when adopting the MRTA.

Hillary Peckham, the chief operating officer of Etain26, another of the state’s medical operators, agreed.

It didn’t work, he said, but he has continued to gather patient feedback and sound warning bells throughout New York’s small medical community, mainly through a subreddit22 dedicated to the state’s program.

New York “should implement measures to protect patients who rely on medical cannabis for their wellness and health,” Peckham said. “This could include taxing

In one post23, a Reddit user described waiting more than two months for

https://www.protectnymedmar.com/ https://col-care.com/ https://www.newyorkupstate.com/cannabis-insider/ https://cannabis.ny.gov/system/files/documents/2022/01/Summary_ MCDMS_Enhancements.pdf 5. https://www.verilife.com/about-verilife 6. https://twitter.com/bradracino/status/1529853057042980866 7. https://www.newyorkupstate.com/cannabis-insider/2022/06/how-manynew-yorkers-will-actually-give-up-their-guy-for-legal-weed.html 8. https://cannabis.ny.gov/marihuana-regulation-and-taxation-act-mrta 9. https://lanternnow.com/about 10. https://www.acreageholdings.com/about-us/ 11. https://www.nysenate.gov/sites/default/files/patient_and_doctor_info._ med._mar._program.pdf 12. https://www.timesunion.com/7day-state/article/New-York-licenses-five-new-medical-marijuana-11652954.php

13. https://www.timesunion.com/7day-state/article/New-York-licenses-five-new-medical-marijuana-11652954.php 14. https://cannabis.ny.gov/system/files/documents/2021/09/marijuana_legalization_impact_assessment_7-13-18.pdf 15. https://www.nj.com/marijuana/2022/05/panel-in-charge-of-nj-legalweed-grilled-by-lawmakers-in-5-hour-hearing.html 16. https://www.safeaccessnow.org/about_asa 17. https://www.documentcloud.org/documents/21957689-stateofthestates21_ web222#document/p45/ 18. https://www.documentcloud.org/documents/21957689-stateofthestates21_ web222#document/p45/a2105385 19. https://www.syracuse.com/marijuana/2021/10/new-yorks-office-of-cannabis-management-reveals-list-of-top-staff-exclusive.html 20. https://dos.ny.gov/state-register 21. https://cannabis.ny.gov/system/files/documents/2022/06/ccb-transcript-6-1-22.pdf

medical cannabis at a lower rate than adult-use cannabis, meaning medical patients will be able to access their medicine at a reduced cost. This is extremely important because insurance currently does not cover the cost of medical cannabis.” (NYS Sen. Diane Savino did recently introduce legislation27 to add coverage of medical marijuana to public insurance programs, but the bill wasn’t passed by the Assembly and won’t be taken up again at least until the 2023 session). Public education about the medical marijuana program, Peckham added, is also “still desperately needed.” “At a very basic level, many New Yorkers aren’t aware of the program, qualifying conditions, or the process of obtaining a medical card. … Most importantly, current patients and potential patients aren’t being educated on the importance of remaining in the program after the launch of adult-use sales.” Dispensary pharmacist Geoff Brown28, who also runs the medical marijuana-focused publication CannaBuff29, spoke recently at a NY Cannabis Insider conference30 about the problems he’s seeing on the front lines. “There’s a lot of inconsistencies and frustration,” Brown said. “The employees are frustrated, the patients are frustrated.” As an example, he cited the lack of communication around the current outage of the Medical Cannabis Data Management System, which officially went offline on May 18. “It’s kind of like a big game of telephone,” Brown said, where “the OCM – or previously it was the Department of Health – will communicate directly with the [registered organizations].” Those organizations will then “communicate it to the dispensaries; dispensary management communicates it with the store’s staff; the store staff communicates it with the patient.” “By the time the message reaches the patient,” he said, “it’s completely different than what was originally sent.” One dispensary will refuse to dispense to a patient without seeing the patient’s paperwork in-hand, he said, while another will eschew those requirements. “There’s a million different problems in the medical program, but I hope the OCM is committed to working it out and is going to do their best to try to preserve it,” Brown said, “because that’s the only reason we have recreational in the first place.”

22. https://www.reddit.com/r/NewYorkMMJ/ 23. https://www.reddit.com/r/NewYorkMMJ/comments/ulsq69/comment/i7xc448/?utm_source=share&utm_medium=web2x&context=3 24. https://www.reddit.com/r/NewYorkMMJ/comments/ul2z30/frustrated_ with_mmj_looking_for/ 25. https://www.reddit.com/r/NewYorkMMJ/comments/ujtdno/does_anyone_ have_a_direct_contact_for_omc_other/ 26. https://etainhealth.com/ 27. https://www.marijuanamoment.net/new-york-senate-approves-bill-to-mandate-medical-marijuana-health-insurance-coverage/ 28. https://www.cannabisinsiderevents.com/NYCImay2022/speaker/463778/ geoffrey-brown 29. https://cannabuff.com/ 30. https://www.syracuse.com/marijuana/2022/05/the-future-of-new-yorkslegal-weed-industry-turned-out-in-droves-in-albany.html

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SUMMER 2022

CannaBuff.com

FEATURED

A Q&A with Nerfis Elminowski, DNP about Cannabis for Veterans and Holistic Healthcare Dr. Nerfis Elminowski is a Board-certified Doctor of Nursing Practice and Graduate of Daemen College. She possesses over 25 years of experience including aviation medicine, acute, trauma, urgent, chronic care, geriatrics, and mental health. She has also worked in oncology, chronic pain, substance abuse, and immigrant healthcare. Dr. Elminowski is a highly decorated veteran and served our country as a flight medical provider, coordinating flights for over 1000 patients during high profile, classified missions with a 100% success rate and earning six Hazardous Duty awards in 1 year.

INTRODUCTION

“I have nothing to lose.” I soon decided that I was going

legalized cannabis for adults 21 years of age and older. This

Dr. Nerfis Elminowski was a member of an elite Special

to try to stop taking the pharmaceuticals I was on. My

law establishes a framework that will comprehensively

reluctance toward painkillers stemmed from personal

regulate cannabis in NYS in a manner that will protect

and professional experience. I had lost friends to opioid

public health and safety while promoting social equity and

overdoses and had witnessed firsthand how addiction

economic development. However, as legalization expands,

can destroy individuals and their families. There is a

some entrepreneurs are finding gaps in the law and are

mounting body of research detailing the lack of benefit and

selling unregulated and unlicensed cannabis, even though

potentially severe harm of long-term opioid therapy, and

the Office of Cannabis Management states that it is illegal

veterans are twice as likely to die from accidental opioid

for anyone to sell unregulated cannabis in New York State

From a young age, Dr. Elminowski knew that she wanted

overdose compared to nonveterans.

and that anyone selling unregulated, unlicensed, and

to work in medicine. Her passion for healing evolved

Within 2 months of starting the medical cannabis, I

Operations Aviation Medicine Team and obtained her flight degree from the USAF Academy, eventually earning a promotion to lieutenant commander. Throughout her service career, she earned numerous awards and commendations including the Crisis Response Service award with Bronze Star and Foreign Duty Service Award.

from growing up with a family member who required around-the-clock care. She learned at a young age that helping others requires both preventive care and a holistic approach.

noticed a significant decrease in the frequency, severity, and duration of my migraines. My neuropathy, pain, mood, and sleep also improved. Within 4 months I was able to decrease and eventually stop most of my prescribed

While classically trained in Western medicine, Dr. Elminowski has also developed a deep appreciation for cultural anthropology and the natural sciences and incorporates both into her medical philosophy. She has studied, worked, and traveled abroad extensively. Dr. Elminowski is an authorized medical cannabis provider in NYS. She is a pioneer in integrative and alternative medicine and is a passionate advocate for the legalization of cannabis. She incorporates alternative medicine with a focus on wellness and prevention, rather than simply treating the disease. She believes holistic care is about more than integrating Western and Eastern medicine, but rather a more comprehensive and personalized way of thinking about wellness. It is about caring for the whole person, including their physical, mental, spiritual, and social needs. It’s an understanding that all of these aspects affect an individual’s overall health, and being unwell in one area may have a negative effect on other areas. For example, it works both ways; stress is a psychological response but can also cause physical symptoms such as headaches, weight gain, muscle aches, and difficulty sleeping, and being physically ill can cause you to feel anxious or depressed. Just as your spirituality and relationships can boost your mental and physical health.

medications. My family started to notice an improvement in my mood and motivation. I started to do more around the house. I invested in a swimming pool and started to do low-impact water exercises and eventually I got stronger. My water exercises got more rigorous and soon I was swimming laps and racing my daughter in the pool. I began leaving my home, going on walks, going out to eat, and attending family events. I knew medical cannabis was working. It gave me a second opportunity in life. I thought, that if medical cannabis drastically improved the quality of my life, think of the potential it can have for my fellow veteran comrades. That’s when I knew I had to do something about it, and talking wasn’t enough. I decided to learn as much as I could about cannabis through research and studies that have been conducted all over the world. I then became certified in medical cannabis and started a medical cannabis program with a focus on veterans who suffer from debilitating service-related disabilities such as chronic pain and post-traumatic stress disorder. Many of my veteran patients continue to do very well, and as a result, have asked me to recommend medical cannabis to their family and friends who suffered from debilitating chronic conditions in hopes that it would help them in similar ways. Eventually, I opened my doors to nonveterans. This was a major turning point in her life,

untaxed marijuana in NYS is breaking the law on both state and federal levels. In doing so this undermines their ability to build a legal, regulated cannabis market that will ensure products are tested and safe for consumers while providing opportunities for those from communities most impacted by the over-criminalization of cannabis prohibition. Some unlicensed entrepreneurs are even going as far as to openly advertise on social media, ads, and billboards throughout the city, thus confusing the residents and patients of medical cannabis. Despite cannabis becoming more acceptable in society, entrepreneurs will continue to face challenges in accessing traditional business services and capital as opposed to non-cannabis businesses. Due to the uncertain legal status and federal prohibition, cannabis companies do not have access to traditional insurances and traditional banking services that other non-cannabis companies have. This makes operating a legal cannabis business a challenge for business owners with the outcome being increased costs. There are supporters of the legalization of marijuana in the Senate who are proposing the Cannabis administration and Opportunity Act, which would allow adults to buy and possess marijuana without facing criminal penalties, eradicate non-violent marijuana crimes, advance medical research, and allow cannabis companies access to basic financial services, including bank accounts and loans.

Q: Who do you think stands to benefit the most from cannabis legalization, (therapeutically speaking and/ or just in general)? A: Patients who use cannabis for therapeutic purposes should benefit the most and not fear legal penalties. I

Geoff Brown: Tell us about how you first got involved with cannabis?

and I have been operating as such ever since. For many patients, it is truly a transformative medical necessity.

believe medical cannabis has paved the way for adult-use

Dr. Elminowski: I’m a disabled veteran. I sustained a

Q: You’re very involved in the medical cannabis space, but what are your thoughts on the recreational side of Cannabis?

interest of medical cannabis patients, legalizing cannabis

brain and spinal injury that changed the trajectory of my life by ending my service career. What was once a productive and exciting life turned into a life of constant pain and isolation. I suffered from migraines, neuropathy, and pain. The quality of my life decreased both physically and mentally, and I began to lose hope for the future. MY days were spent confined to a dark room and I thought she would never be able to leave my home. I was prescribed multiple medications and felt like she had no foreseeable future. One day, a very close friend of mine suggested that I try medical cannabis. Although I was skeptical, I thought,

CannaBuff.com

SUMMER 2022

A: I am glad cannabis has been decriminalized in NY.

recreational cannabis. Therapeutically speaking, for the on a federal level would be considered a great leap forward. This would open doors to advance medical research and encourage medical insurance companies to cover the cost

Although the industry has seen considerable improve-

of medical cannabis for patients who need it. The current

ments, it continues to face many challenges in areas of

classification of medical cannabis is also a challenge for

legality, regulations and raising capital for those interested

providers. Changing the classification of cannabis may

in expanding into the adult-use recreational industry.

reduce the stigma some healthcare providers have and

I believe these areas will be the key forces driving the

increase the understanding of the therapeutic benefits of

industry as different states within the U.S. approach the

cannabis. It has been my experience that medical cannabis

use and sale of adult-use recreational cannabis differently.

has a reasonable safety profile and that patients often use

The Marijuana Regulation and Taxation Act (MRTA)

it as a substitute for other, more harmful drugs, such as

opiates and nonsteroidal anti-inflammatory drugs. Due to

given that marijuana remains prohibited under federal law,

marijuana on veterans with service-connected dis-

the classification of marijuana as a schedule I drug—the

and they are prohibited from issuing a recommendation

abilities.” Veterans deserve better than that for their

the highest level of restriction—funding and conducting

of medical cannabis. This contrasts with other non-VA

service to our country. We as veterans, instead, want

research about marijuana’s potential harm and benefits

providers in legal states.

to hear that the VA is now conducting studies on the

is extremely difficult. This needs to change and I hope it changes in my lifetime.

Q: Do you think there is a clear line that can be drawn between medical and recreational use of cannabis? A: Eventually, I do believe there will be a clear line that can be established between medical and recreational use of cannabis. Although both medicinal and recreational cannabis are derived from the same plant, differences do clearly exist. The main difference is the purpose of the product. Medical cannabis is used for medicinal purposes and recreational cannabis is used primarily for leisure by adults. Other differences include the way they are used, the kind of product associated with them, potency, dosing, purchase, possession quantities, taxation rates, and in some states the number of plants allowed for cultivation. I

My veteran patients often verbalize frustration about their VA provider for not wanting to engage in the topic of medical cannabis. I tell my patients in many instances

relationship between cannabis and chronic conditions in service-disabled veterans. That’s what we want and need to hear! I support legalization which seeks

it has less to do with their providers and more so with the

to do this.

Federal Government which needs to catch up on marijuana.

Q: What sets Adult Health DNP apart from the crowd?

We need federal and justifiable legalization of cannabis so that no one is left behind, especially those who have served and protected our country and are now paying the ultimate price of that sacrifice with service-related disabilities. I

A: What makes us unique is that we are a true specialty of medical cannabis. Medical cannabis is all we do! We provide quality care to all our patients.

personally feel the VA provides excellent care to veterans

During their free consultation, the person will be told

and their families but does fall short when it comes to

if they qualify and if they don’t, for whatever reason,

medical cannabis and the potential therapeutic benefits

we let them know right away, not after they pay! As

it can provide to veterans. The VA is trying to help their

a provider of cannabis, it is my responsibility to keep

providers alleviate some concerns surrounding medical

my patients informed about all aspects of cannabis.

cannabis, though.

Laws surrounding cannabis are constantly changing across the United States and can be quite a challenge

also believe that purchasing cannabis outside of a regulated

The Oregon Health & Science University’s Center for

dispensary for medical use should be discouraged. As a

Evidence-based Policy and Portland VA launched an

healthcare provider who recommends medical cannabis

initiative called Systematically Testing the Evidence on

We’re also small and independent which gives us some

to qualified patients, it is my duty to educate them on the

Marijuana, or STEM. The website (cannabisevidence.org)

differences between the two. When you purchase cannabis

advantages. One reason that I enjoy working in a small

contains information about marijuana studies that have

practice is because of the quality of the work being

been published and additional general clinician resources

done. Providers working in a smaller, close-knit,

for healthcare providers. The website does not take a

clinical setting have more autonomy over their jobs

specific side on whether cannabis should be integrated

including how much time they can spend with their

into treatment. Instead, it is designed as an independent

patients. This has repeatedly proven to increase

methodological resource primarily for health care workers

patient satisfaction. Providers typically have more

which emphasizes reports on studies showing potential

time to develop quality relationships with patients

therapeutic applications and reviews about specific

in a more consistent setting, thus, providing greater

outside a medical dispensary, it doesn’t just have THC and CBD, it has all 100-plus cannabinoids that are typical for the natural flower. On the medical side, the scientist just takes the two most active cannabinoids that they believe are medicinally potent, and that’s the THC and the CBD. When you purchase cannabis outside of a dispensary from an unlicensed and unregulated source, it does not go through any rigorous testing, and you are taking a chance that it may be contaminated. We already know the harmful effects that pesticides and molds have on the human body. Plus, you don’t know where that cannabis is being grown or produced. This can cause more harm than good. It is typically cheaper

cannabis-related topics, such as treatment of chronic pain and post-traumatic stress disorder. Recently, it featured a study indicating that cannabis compounds may be effective in preventing COVID vaccines. I believe this is a great initiative in the mission to institute a policy change and will help ensure military veterans’ access to cannabis.

whether medical or recreational. This is because there is

Q: Do you think that the VA’s stance on medical cannabis will change in the next 3-5 years?

a cost associated with producing, testing, manufactur-

A: I do believe the VA’s position will change

to purchase cannabis outside of a regulated dispensary,

ing, and packaging medical cannabis to ensure a safe and effective delivery process of the product to consumers. With inflation, gas prices, and food prices on the rise, some cannabis users are willing to take that risk due to cost.

Q: What do you think about the VA’s stance on medical cannabis? A: This is an extremely important topic for me, both on a professional and personal level. As a healthcare provider, I am profoundly aware of the need to look for opioid alternatives to treat a patient’s chronic pain. I do have an advantage over nonveteran providers. Being a veteran myself and an actual patient at the VA I have a lot in common with my veteran patients. Honestly, most of the time it is an instant therapeutic bond between provider and patient that we experience. Just as they feel comfortable talking to me, I feel comfortable talking to them. We share our experiences as veterans and as a patient at the VA. This helps to normalize the entire process, as veterans may find it difficult to relate to people who do not know or understand what military personnel have experienced. Having a lot in common with my fellow veterans helps to create a positive, healthy trusting relationship with

eventually. I hope it happens in my lifetime. Participation in a state marijuana program no longer affects eligibility for VA care and services. VA providers are now able to discuss cannabis use with veteran patients and adjust care and treatment plans as needed. This is clearly a sign that the VA is moving in the right direction. However, in my opinion, the VA needs to move faster on this and advocate for change at the federal level. We offer a significant discount for veterans because current laws prevent

to keep track of.

continuity of care. We also can cut through all the bureaucracy that bigger businesses often go through which, in turn, allows us to spend more quality time with our patients and better focus our attention where it is needed most. We spend at least 1.5 to 2 hours or more if necessary with each patient at their initial visit, something that many larger businesses are unable to do. We help patients and caregivers obtain their medical marijuana cards as well. This time is spent talking about their health concerns, preventive care, cannabis education, and laws surrounding cannabis. All of my patients are educated on how the plant functions inside the body as it relates to the endocannabinoid system. It has been my experience that when patients know about how cannabis works, they achieve better outcomes and are more likely to adhere to their treatment.

TO SUMMARIZE:

many veterans from being able to access medical

•

We have a robust veteran population that we serve.

cannabis due to cost. Some veterans can afford to

•

Veterans receive a significant discount in our office.

•

We offer telehealth visits to all patients throughout NYS.

•

We offer in-home visits for those patients who are homebound.

•

We focus on and serve our surrounding WNY community.

•

We offer free consultations, and qualifying patients can start their cannabis same-day.

pay out of pocket, but many others rely solely on the VA for their healthcare. Therefore, many veterans are unable to even pursue treatment with medical cannabis. It breaks my heart to see this happening. Until Federal cannabis policy reform occurs, veterans will be stuck in this legal gray area. I have heard many stories repeatedly from veterans, that they have used cannabis medicinally to cope with physical and psychological injuries sustained during their service to our country. This is not new information.

Q: Is there anything else you want our readers to know?

them. It has been an amazing experience and I consider

Cannabis has been used to treat a variety of illnesses

A: While disabled veterans and female minority business

myself fortunate and honored to have them as my patients.

for centuries all over the world. Many veterans use it

owners are listed as social equity applicants for adult-use

Many verbalized the fact that medical cannabis has had

medicinally as a safer and more effective alternative

retail licenses, both of these categories were excluded from

a profoundly positive impact on their lives. While the VA

to treat their chronic pain and PTSD. I believe

the rollout of conditional licenses for certain “justice-in-

cannot deny veterans benefits due to medical cannabis

the VA has a responsibility to research it. Many

volved” individuals. I believe this to be a mistake and I urge

and VA providers are now permitted to discuss cannabis

veterans, including myself, are tired of hearing that

NYS and the OCM to include disabled veterans in the rollout

with their patients, many continue to feel hesitant to do so

“more research is needed on the effects of medical

of adult-use cannabis sales in NYS.

SUMMER 2022

CannaBuff.com

KANNAMILL OFFFERS 3 OF PRODUCTS FOR DIFFERENT PRODUCTION SCALES, AND EACH SERIES IS CUSTOMIZABLE WITH ADD-ONS AND EFFICIENCIES

2016 was spent conducting market research, and in 2017 the KannaMill was launched.

WHY KANNAMILL? These days, cannabis consumers are interested in high THC products, which drives the desire for more efficient processes for producers. KannaMill is unique in that it’s specifically designed for cannabis. It’s a series of heavy-duty grinders tailor made for cannabis flower processing and CBD extraction. It produces a tight particle size with optimal density and distribution, and is scalable for various levels of output. KannaMill is well suited for the

following purposes: flower and trim grinding, shredding bulk ere in Buffalo, NY,

While originally focusing on

the company saw an opportunity

waste, preparing material for

we have one of the

wood and lumber, Schutte

to capitalize on: Their

ethanol or supercritical CO2

nation’s leading

Hammermill quickly transi-

equipment was being used for

extraction and pre-rolls, hemp

manufacturers

tioned into the food industry for

cannabis.

building material, and milling

of size-reduction equipment.

processing grains such as wheat

Schutte Hammermill is a family

and barley, and later for spices.

run business that was founded

Their equipment is now also

in 1928, and their products have

used in the recycling and waste

been used to process biomass

industry, and most recently, the

on an industrial scale ever

cannabis industry.

since. They design and engineer hammer mills, lump breakers

FROM REDDIT TO FRUITION

and crushers, industrial

In 2015, after receiving word

shredders, and pelletizing

from a customer that two

equipment for companies across

of their hammer mills were

the world.

mentioned in a Reddit forum,

CannaBuff.com

SUMMER 2022

This off-label use sparked the idea of creating a more application-specific product: the KannaMill. Through close collaboration with growers, producers, and extractors, the KannaMill was developed to facilitate more efficient biomass processing as the hemp and cannabis industries exploded.

other biomass material such as stalks.

SCALABLE PRODUCTION KannaMill offers three series of products for different production scales. 1.

The Lab Series is for single batches, up to 300lbs per hour, and is well-suited for smaller operations.

ONE OF THE KEY FEATURES THAT DISTINGUISHES KANNAMILL IS THE Q U A L I T Y O F T H E I R E Q U I P M E N T. ALL STEEL IS FOOD GRADE AND USA-MADE

EMS NY assisting All Marijuana Dispensaries and Associated Industries, as well as CBD. • In-person and online payments by accepting Debit/Credit • Easy Approval Process • Work with a designated corporate rep for ongoing assistance and information 2. The Pilot Series is designed for continuous batches and is good for mid-scale operations. It can process up to 1000lbs per hour. 3. Lastly, the Production Series is for high capacity continuous processing on large scale operations.

BUILT TO LAST guishes KannaMill is the quality of grade and USA-made, ranging in thickness from 3/8-1/2 inches. Dan Horowitz, a representative of the company, said KannaMill “typically replaces other people’s mills,” as they’re designed for low-maintenance and are built to last.

engineers who can help with fully customized systems for more

• Call now: 866.367.1818

their equipment. All steel is food

able with add-ons and efficiencies. team of in-house designers and

• Complimentary terminal/equipment

One of the key features that distin-

Each of these series are customizKannaMill also has a dedicated

• Low rates and costs

You can find KannaMill at kannamill.com or call Schutte Hammermill at (716) 855-1555.

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specific needs.

SUMMER 2022

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FEATURED

Sativa Remedy’s Grand Expansion

ince their inception in 2019, Sativa Remedy has continued to grow their ever-blossoming hemp dispensary! As they celebrate their three year anniversary, co-founders John and Nhi have expanded their retail storefront and continue to show that they are so much more than “just a CBD store”.

The co-founders truly believe everybody should have the right to access plant medicine without having to compromise on quality, potency, safety, or price. Building off the pillars of education and affordable access, Sativa Remedy hopes to continue expanding its roots of healing in the WNY community.

John Frazier and Nhi Kha kickstarted Sativa Remedy with a vision to reconnect the Western NY community with hemp and cannabis through education. At their hemp dispensary, you’ll find a curated selection of highly vetted and tested selection of hemp derived cannabinoid products including familiar New York state brands like FLWR CITY, Head & Heal and TONIC CBD.

With the Grand Expansion, Sativa Remedy will be bringing on a wider variety of product categories including new edibles and beverages - just in time for the summer! To help consumers stay educated and tuned into the cannabis plant, they have also built an entire new Do It Yourself (D.I.Y) section of their retail store. This unique section of Sativa Remedy will have cannabis educational books, beginner grow kits, cannabis applicances like the popular Ardent Flex! In addition to all that, John has curated a special selection of American blown glass to support up and coming glass artists from across the country! Who doesn’t love functional art?!

At Sativa Remedy, their mission is to help you discover your hemp remedy by providing education and guidance every step of the way, along with a highly curated line of quality hemp products. They provide a one-on-one shopping experience with trained team members who can answer any questions, hear out concerns, and recommend products based on the client’s unique needs!

As regulations and licensing roll out, John and Nhi are patiently waiting but preparing Sativa Remedy to thrive in the adult use cannabis market. It is their vision to take Sativa Remedy to next level by providing a one-stop shop for all canabis consumers. For more information feel free to visit their website (www. sativaremedy.com) or reach out directly at info@sativaremedy.com. Make sure to stop by Sativa Remedy this summer to support and celebrate their Grand Expansion.

SUMMER 2022

CannaBuff.com

HEADSHOP HIGHLIGHT

O’s Smoke Shops are Taking Over Niagara County

O’S SMOKE SHOPS OFFER TONS OF GLASS TO CHOOSE FROM IN A WIDE RANGE OF SHAPES AND SIZES, AS WELL A VARIETY OF DOPE LOUNGEWEAR AND T-SHIRTS

CannaBuff.com

SUMMER 2022

The smoke shop’s third location opened this June in the town of Niagara, just in time for that summer sesh! Omar Ali has been quietly building

anything one might need to

his headshop empire in Niagara

elevate their sessions.

County since 2019.

O’s offers tons of glass to choose

Starting on Pine Avenue in

from in a wide range of shapes

Niagara Falls, he has steadily

and sizes, every rolling product

grown his brick-and-mortar

known to man and woman, and

business into a third location

bongs galore!

that just opened in June. Located on Military Road in the Town of Niagara, the third O’s Smoke Shop follows in the wake of his second location in Lewiston that recently celebrated over one-year in business.

O’S FEATURES A VARIETY OF SNACKS FROM AROUND THE WORLD

As an added bonus, O’s also features a variety of snacks from around the world; because every pot-enthusiast knows, your session is only as good as the

unique ﬂare and has everything

munchies you have waiting on

loungewear and t-shirts so you can

O’s is a classic smoker’s haven,

one-stop shop for anyone looking for

stocked ﬂoor to ceiling with

smoking supplies in Niagara County.

disappointed in the variety and

of Delta-8, CBD, and Kratom

quality of products offered. Even

products, as well.

more, they are open seven days a

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LEGISLATIVE UPDATE

Empire State Cannabis Update: 3 Conditional Market Lessons for Future Applicants

Although New York State legalized the possession and use of cannabis by individuals 21 and older in March of 2021, by passing the Marijuana Regulation and Taxation Act (MRTA), no legal adult-use sales have occurred. To date, state regulators from the Cannabis Control Board (CCB) and Office of Cannabis Management (OCM) have opened the application process for only one category of licenses – Conditional Adult-Use Cultivation (CAUC) – which is restricted to only those individuals or businesses that were (1) previously licensed to grow hemp in New York, and (2) are able to provide evidence of two years of harvests. While applications for Conditional Adult-Use Processing (CAUP) and Conditional Adult-Use Retail Dispensary (CAURD) are expected to go live in the summer and fall of 2022, respectively, applicants for permanent licenses have been given little indication as to when the regulations that will define their applications will be issued. That said, future applicants are not completely in the dark as to what criteria OCM and CCB will use to evaluate them. Indeed, the host of laws and regulations released in conjunction with the state’s conditional licenses preview many of the major puzzle pieces expected to be in permanent applications. Below we survey three early lessons from the conditional market that will help future licensees begin to prepare their application materials now,

rather than waiting until regulations are released.

1. YOU WILL BE ASKED FOR A LOT OF DOCUMENTS–COMPILE THEM ASAP.

One of the easiest lessons learned from the CAUC application is that the bulk of material submitted to OCM is in the documents the applicant is required to attach to its submission. Not only were CAUC applicants required to provide basic documentation like owner demographics, organizational charts, and capitalization tables, they were also required to upload business and marketing plans, provide a detailed floor plan of all operations, and disclose all sources of funding of the applicant entity down to the individual investor behind any entity investors. Due to the conditional, rather than permanent nature of the CAUC license, it is more than likely that permanent license applicants will be required to provide even more documentation in accordance with their applications, including but not limited to, detailed security, staffing, marketing, branding, social equity, and environmental sustainability plans along with audited financial statements. Given the various industry professionals an applicant will likely need to contact to finalize these materials, the earlier an applicant can begin to prepare documentation, the better position it will be in when applications

go live. For more information on what form this documentation may take, please refer to our article in the 4/20 edition of CannaBuff.

better the chance of getting one of the state’s highly coveted initial licenses. These themes are underscored in recent conditional market developments.

2. BE NIMBLE.

For example, the proposed CAURD Regulations published at the March 10, 2022 CCB meeting drew public attention when they limited eligible applicants to “justice involved” individuals (those who either themselves or a close relative had a prior cannabis conviction) who can prove at least 10% ownership of a business with net profits for at least two years of its operation. Through this proposed regulation, state regulators signaled that they are prioritizing cannabis entrepreneurs with prior business experience, preferably in retail, to make the state’s first retail adult-use sales and help ensure the early success of the legal market. As a further example, the law that created the CAUC and CAUP licenses requires such licensees to enter into mentoring programs with social and economic equity licensees. This additional level of mandatory support of social equity applicants by those businesses receiving priority licensing further exemplifies the state’s commitment to helping communities disproportionately impacted by historical cannabis prohibition. To that end, the most successful permanent license applications will present robust social equity plans with measurable initiatives that will benefit those communities as well.

The second lesson the conditional market has taught is that cannabis entrepreneurs expecting to “make it” in New York must be able to quickly adapt because the state’s cannabis industry remains largely undefined. When the MRTA was passed, and for almost a full year after, there was no such thing as a CAUC, CAUP, or CAURD license. Not only do these licenses now exist, but they will be the first awarded in the state, and granted only to operators who meet specific qualifications. These conditional licenses caused some operators to change the scope of their anticipated cannabis businesses based on eligibility determinations and first-to-market considerations. While no major changes to license categories are expected between now and the release of the permanent applications, major developments in the market should not be unexpected. This is most recently exemplified by the proposed Adult-Use Packaging and Labeling Regulations, adopted at the June 1, 2022 CCB meeting. While the THC symbol, health warnings, and third-party testing requirements were predictable, the restrictions prohibiting the use of bubble font, neon colors, celebrity images or likenesses, and more than one logo and brand name were more of a surprise. Many companies have relied on these very techniques to differentiate their brands in mature markets, and it is likely that some New York permanent applicants have envisioned using similar packaging. While still subject to revision based on public comment, it is unlikely that these requirements will vary drastically from their original form such that certain licensees will have to revise branding concepts and corresponding marketing decisions in accordance with these regulations. Cannabis businesses should continue to monitor future regulations that could cause a fundamental business change stemming from an unexpected restriction.

3. REMEMBER THE SPIRIT OF THE MRTA.

At its core, the MRTA seeks to accomplish two major objectives: (1) generate tax revenue for the state, and (2) make substantial investments in communities and people most impacted by cannabis criminalization. The more an applicant can demonstrate throughout its application that it will be profitable and give back to those communities disproportionately impacted by cannabis enforcement, the

CONCLUSION

Once final regulations are published, there could be a short window for businesses to assemble and submit their applications. The more prepared a prospective applicant is prior to this window opening, the easier it will be to refine application materials to fit the exact requirements set forth by the CCB and OCM. In conjunction with the creation of the conditional market, state lawmakers and regulators have tipped their hats to a few of the major elements of an application beyond what was anticipated to date. Using these conditional market themes as a guide, New Yorkers can and should begin to assemble their application materials in order to be best positioned for application season. The Lippes Mathias Cannabis Practice Team will continue to monitor developments in New York’s burgeoning cannabis industry, including when additional adult-use regulations are published, and when permanent license applications are expected to be released. If you have any questions, please contact one of our attorneys.

WRITTEN BY

Ryan V. Stearns, Thomas B. Hughes, & Joseph W. Schafer OF LIPPES MATHIAS LLP

R YA N V. S T E A R N S

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THOMAS B. HUGHES

JOSEPH W. SCHAFER

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21+

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LEGISLATIVE UPDATE

New York Releases Proposed Regulations for Conditional Adult-Use Retail Dispensaries and Medical Home-Grow

After months of silence, there is finally some momentum in New York towards the retail sale of adult-use cannabis. The Cannabis Control Board (the “Board”) released proposed regulations pertaining to conditional adult-use retail dispensary licenses. The proposed regulations, which are subject to a 60-day public comment period, would offer the first 100 retail dispensary licenses to applicants that meet certain requirements geared toward goals of social equity. The Board also released proposed regulations for the personal home cultivation of medical cannabis. We provide an overview of both below.

CONDITIONAL ADULT-USE RETAIL DISPENSARY REGULATIONS

The proposed regulations offer an initial round of retail dispensary licenses to applicants who demonstrate they are, among other things: (1) majority-owned and controlled by “justice-involved” persons, or (2) a non-profit entity that serves communities disproportionately impacted by cannabis prohibition. A conditional adult-use retail dispensary license lasts four years. Renewal is required after the first two

adult-use retail dispensary license requires information such as the applicant’s legal name, the name under which the dispensary will operate, the ownership structure of the applicant, the percentages of ownership interest owned by each interested party, organizational documents including certificates of incorporation, articles of organizations, and bylaws, and information evidencing compliance with the “justice-involved” provisions.

years. After the conditional four-year term ends, the applicant would then be required to apply for a regular adult-use retail dispensary license. To be “justice-involved,” an individual must have been convicted of a cannabis-related offense in New York prior to March 31, 2021. They can also qualify if they are a parent, legal guardian, child, spouse, or dependent of a person with a cannabis conviction. A “justice-involved” applicant also must demonstrate that they “hold or have held, for a minimum of two years, at least ten percent ownership interest in, and control of … a business that had net profit for at least two of the years the business was in operation.” The regulations call this business a “qualifying business.”

In addition, the proposed regulations require a burdensome list of other information about the qualifying business, some of which may be expensive to obtain. This includes: the name of every financial institution used to support the qualifying business for the past three years; submission of fingerprinting for the applicant and each interested party; and audited financial statements of the applicant for the fiscal year ending one year prior to the application’s submission date (or, if formed within the last year, since the applicant has been in existence) including, but not limited to, an income statement, balance sheet, statement of retained earnings or owners’ equity, statement of cash flow, and all notes to these statements and related financial schedules.

A nonprofit applicant must, among other things, “intentionally serve justice-involved individuals and communities with historically high rates of arrest, conviction, incarceration, or other indicators of law enforcement activity for marihuana-related offenses.” And, the nonprofit organization must have justice-involved persons serving on the board or as officers. The application for a conditional

Even once the application is complete, and even if the “justice involved” requirements are met, the regulations still give discretion to the Board. The regulations contain what is essentially a rubric for prioritizing who will get a license. The rubric focuses on the applicant’s cannabis conviction, and examines whether it occurred in over-policed or low-income areas, or areas otherwise negatively impacted by cannabis prohibition. Applicants whose cannabis arrest or conviction is closer to these areas will be afforded more priority.

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MEDICAL HOME GROW

The proposed regulations permit certified medical cannabis patients over 21 years old to grow up to three mature cannabis plants and three immature cannabis plants at a time at their private residence. Patients under 21 years old, or who cannot grow cannabis themselves, may designate one “designated caregiver” at least 21 years old to grow on their behalf. At the outset, how does a patient or designated caregiver obtain medical cannabis for home cultivation? You need to obtain it from one of the existing medical cannabis registered organizations already operating in New York.

Once a patient or designated caregiver is ready to grow, the regulations impose a number of restrictions. No patient may have more than one designated caregiver, and must designate a single location for their designated caregiver to grow on their behalf. A designated caregiver can grow for up to four certified patients at a time. However, they are limited to growing six cannabis plants for any one patient, and cannot grow more than 12 total plants at a time. Designated caregivers can only grow cannabis at their own private residence, or at the residence of the certified patient. Only six mature and six immature plants may be grown in a private residence at a time, regardless of the number of certified patients and/or designated caregivers that reside there. The regulations do not allow the commercialization of the designated caregiver relationship. Designated caregivers are required to keep any cannabis being cultivated for a certified patient separate from all other cannabis being cultivated. They can receive reimbursement for the cost of goods and materials, but cannot receive other compensation from their patients. Designated caregivers must give any cannabis they grow to the certified patient; they cannot sell any cannabis they grow. Once harvested, a certified patient or a designated caregiver can possess up to five pounds of personal home-grown cannabis in their private residence at any one time. The proposed regulations also require cannabis plants to be stored in a secure location within the private residence, and reasonable measures must be taken to ensure that any plants or home-grown cannabis is not readily accessible to anyone under 21 years old. Essentially, the proposed regulations require that home cultivation take place in an enclosed area that is not easily visible from the street, and that plants and cannabis be stored and locked in a manner that prevents access by unauthorized persons. Is a lock on the door to your home sufficient? It is not clear from the regulations, and some further security method such as a safe is advisable. Over time, the Board will continue to release additional regulations like the proposed conditional retail dispensary license and medical home-grow regulations. Though New York’s journey to its first legal sale of adult-use cannabis is proving to be a long one, we will get there, eventually.

WRITTEN BY

Patrick J. Hines, Matthew Parker, & Fallon Martin OF HODGSON RUSS LLP

Conveniently located in the heart of LaSalle. Only 1/4 mile to North Grand Island Bridge. P AT R I C K J . H I N E S

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M AT T H E W P A R K E R

FALLON MARTIN

AGES

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SUMMER 2022

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MEDICAL MARIJUANA

By Dr. Laszlo Mechtler, Medical Director, DENT Neurologic Institute

Medical Cannabis and Parkinson’s Disease a diagnosis of PD due to an unknown

arkinson’s disease (PD)

is responsible for the production of

William R. Kinkel to further research

affects around 1 million

dopamine. A decrease in dopamine levels

Parkinson’s disease in 1963, made

cause with a secondary complicat-

people in the US, more

causes abnormal brain activity, which

possible, by a grant given by Harry

ing condition per initial NYS medical

than the number of people

leads to the symptoms of PD.

M. Dent, the founder of the Durez

cannabis regulations, and were treated

Company, who was diagnosed with PD

with medical cannabis at the study site.

and wanted to support research into the

A total of 69 patients were included in

ailment. Though it started small, the

the study and of those 69 patients, 87%

Dent Neurologic Institute is now among

(n=60) observed improvement in at

the largest neurological practices in

least one PD symptom after initiation of

the nation. Mr. Dent’s generous grant

medical cannabis therapy. Pain (61%),

and Dr. Kinkel’s lifelong commitment

spasticity (58%), and tremor (48%) were

to helping individuals with neurolog-

the three symptoms that demonstrated

ical issues such as Parkinson’s laid

the most improvement with medical

the foundation for the DENT, which

cannabis treatment. Furthermore, over

diagnosed with MS,

muscular dystrophy, and Lou Gehrig’s disease combined. To-date no cure has been found for this disease, which primarily affects those over the age of 55, as its underlying causes are not yet fully understood. With approximately 60,000 new cases diagnosed each year, PD carries a significant economic burden with a current financial impact of $52 billion per year, a number that is expected to grow to $79 billion by 2037 in the United States alone. Classified as a common chronic neurodegenerative disorder PD is characterized by motor dysfunction including bradykinesia (slowness of movement), rigidity, tremor, dyskinesia (involuntary muscle movements), and dystonia (involuntary muscle contrac-

tions). It is caused by the degeneration

As of now, 37 states have legalized medical cannabis. With this increased access to cannabis, patients and providers alike are starting to embrace this plant as a therapeutic option. Though scientists and medical professionals remain split on the efficacy of medical cannabis as a treatment for diseases such as PD, new studies showing positive results continue to be published. Studies conducted on the

The Dent Neurologic Institute has [...] done its own [...] study on the effects of medical cannabis on Parkinson’s disease with promising results.

use of medical cannabis in PD have shown promising results, demonstrating medical cannabis to be a feasible treatment option. The Dent Neurologic Institute has also done its own retrospective study on the effects of medical cannabis on Parkinson’s disease with promising results.

of dopaminergic cells in the substantia

The Dent Neurologic Institute was

nigra, a structure in the midbrain, which

originally founded by neurologist Dr.

New York’s Podcast for

ALL THINGS CANNABIS

continues to research new therapies such

50% of patients utilizing opioid pain

as medical cannabis for the treatment of

medications were able to reduce their

neurological disorders.

dose or discontinue treatment while on

As with most medical cannabis research, the overall number of studies evaluating its effects on Parkinson’s patients remains relatively low. This is due in large part to cannabis’ classification as a schedule 1 controlled substance under US federal law. However, the studies that have been completed thus far show

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9% being the most commonly reported), only 2 people discontinued treatment due to (fatigue and confusion) adverse events. Suggesting these, side effects are largely tolerable. The aforementioned studies along with the Dent’s study support the use of

reduction in total on-period dyskinesia

medical cannabis as part of a compre-

after receiving a synthetic cannabinoid

hensive treatment plan for PD as well

similar to THC, one of the two major

as the need for additional research.

cannabinoids found in cannabis.

Though medical cannabis therapy has

Another study of PD patients receiving

shown promising signs as a therapeutic

CBD, the other major cannabinoid,

alternative, principal clinical elements

found significant improvement in

such as optimal dosing and route of

sleep, hallucinations/illusions, and

administration remain in question. As

delusions. A survey assessing the impact

with most medical cannabis treatments,

of MC on 47 PD patients found overall

there is a need for large, randomized,

symptomatic improvement in 82% of

placebo-controlled, clinical trials to fully

patients, including improvement in

understand the efficacy and long-term

tremors, muscle stiffness (rigidity),

effects of medical cannabis on PD

pain, insomnia, and/or mood. An

before it can be officially validated as a

additional survey-based study including

treatment option.

in mood, sleep, motor symptoms, and quality of life. A study conducted at the Dent, which included patients 18 or older who carried

(fatigue 22%, confusion 12%, dizziness

ble-blind, crossover trial found a 22.2%

found patient-reported improvements

ANCHOR.FM/EMPIRE-STATE-OF-CANNABIS

were noted in 46% (n=32) of patients

promising results. A randomized, dou-

nine PD patients who used cannabis

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PRODUCT TESTING

By John Averill of The Roaring 420s Lounge

We Tested Cannabis Products Available throughout WNY

The idea that cannabis products should be tested before they’re consumed seems fairly obvious on its surface, but as one

delves deeper it turns out to be the subject of much debate. Many cannabis consumers and producers believe that applying scientific principles to cannabis endangers its natural beauty. Others believe that the plant’s spiritual connections should prohibit such close examination. And unfortunately, some people also see it as just another way to profit from the plant. The truth, however, is that every State that has successfully embraced legal cannabis has discovered that testing cannabis products is not just useful, but necessary. Here we will endeavor to

TESTING PROTECTS YOUR HEALTH

super-skunk we’re used to seeing these

Of the 90 products tested by the Roaring

improvements in cannabis cultivation

days. Testing has greatly contributed to

420s Lounge, LLC in Cheektowaga NY, 9

and production in recent years. The

products failed basic quality checks for

following are some real-life examples

common contaminants. Eight products

of how product testing can help improve

failed due to a positive test for pesticides

the quality of your products. A client

and one product for heavy metals, spe-

of ours was making edibles with a

cifically, lead. Obviously, pesticides and

broken oven, so their flower wasn’t

heavy metals aren’t desirable, or safe, for

fully decarboxylating, and they were

people to consume and serve no sacred

serving products with 5x as much

or spiritual purpose.

THCA as Delta-9 THC. Remember that delta-9-THC is the active form.

On the topic of edibles, out of 20 samples

Testing can (and did) reveal this, and

that we tested, the sample that tested

so the next batch of edibles our client

closest to the labeled dose was still 22

produces will be properly psychoactive

mg off. While that may not be a big deal

as a result. A caregiver that was aiming

for experienced users that frequently

to grow completely natural, had their

take high-dose edibles, it’s a completely

prized strain tested and discovered that

unacceptable range of error for someone

it tested positive for unsafe levels of

who is cannabis naive or doesn’t have

demonstrate the importance of testing

such a high tolerance.

PGRs. PGRs are plant growth regulators

with a few real-world examples from

TESTING IMPROVES PRODUCT QUALITY

allows you to make otherwise unseen

right here in WNY.

that are unsafe to smoke. Product testing

CannaBuff.com

SUMMER 2022

as more research on cannabis is done, it’s that reports of its dangers tend to be over exaggerated. Every time we learn something new or prove its value in a different way, the stigma is reduced. Of 1,297 people surveyed by our group, all of them have responded “very favorably” to the offer of consuming cannabis products that are tested and confirmed to be safe. We don’t believe this is just a coincidence. People really do want access to reliably tested, safe, and consistently labeled and dosed cannabis products. At the Roaring 420s Lounge, we’re leading the way in cannabis market research by integrating product testing into our consumption lounges practices where we collect detailed product feedback from our guests.

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WNY Cannabis Business Directory CANNABIS & RELATED BUSINESSES LOCATED IN WESTERN NEW YORK

WNY CANNABIS BUSINESS DIRECTORY SPONSORED BY ART OF GLASS WHOLESALE NYS Medical Marijuana Dispensaries The Botanist

192 Seneca St, Buffalo, NY 14204 (716) 322-4411

Columbia Care

200 W Ridge Rd, Rochester, NY 14615 (585) 678-8390

FP Wellness

1150 University Ave Bldg 5 Suite 7, Rochester, NY 14607 (585) 242-0203

MedMen

6850 Main St., Buffalo, NY 14221 (716) 954-8276

Verilife

25 N Pointe Pkwy #30, Amherst, NY 14228 (716) 210-9496

Recreational Dispensaries on Native Land VALID PHOTO ID REQUIRED. 21+ ONLY. Adlai’s Smoke Dispensery 12689 Route 438, Irving, NY (716) 698-4671

Alien Greenz on I-Hill Dispensary

11035 Redeye Dr, Perrysburg, NY 14129 (716)-239-1752

CannaRawgus Dispensary

12789 NY-438, Irving, NY 14081 (716) 202-9961

GoodLeaf 716

14411 NY-438, Gowanda, NY 14070 (716) 532-HIGH (4444)

GoodLeaf Salamanca

Flowered Wellness

3911 N Buffalo St, Orchard Park, NY 14127 (716) 662-1795

The Kokoro Way Tonawanda

1856 Colvin Blvd, Tonawanda, NY 14150 (716) 930-4073

The Kokoro Way Clarence

10255 Main St #2, Clarence, NY 14031 (716) 930-4073

The Kokoro Way East Aurora

712 Main St, East Aurora, NY 14052 (716) 930-4073

NIRA Physician Formulated CBD (located in Dent Tower) 3980 Sheridan Drive First Floor, East Wing Amherst, NY 14226 (716) 466-6363

One Hemp Holistics

2023 Military Rd, Niagara Falls, NY 14304 (716) 362-9499

Remedy Hemp Boutique

7224 Buffalo Ave, Niagara Falls, NY 14304 (716) 538-8001

Sativa Remedy

19 Main St, Tonawanda, NY 14150 (716) 260-1324

Your CBD Store Kenmore

3191 Delaware Ave, Kenmore, NY 14217 (716) 768-2020

Your CBD Store Depew

5319 Transit Rd, Depew, NY 14043 (716) 393-3400

Your CBD Store Hamburg

wholesale

Sherry Verostko-Slazak, ANP-BC of Advanced Integrative Care 8207 Main Street, Suite 7-8, Williamsville, NY 14221 (716)-277-0267

Head Shops & Glass Retailers Art of Glass Smoke Shop on Delaware

3497 Delaware Ave, Buffalo, NY 14217 (716) 712-5347

Art of Glass Smoke Shop on the Boulevard

3154 Niagara Falls Blvd, Buffalo, NY 14228 (716) 712-5347

Buffalo Smokes

942 Maple Rd, Buffalo, NY 14221 (716) 906-3112

Buffalo Smokes

394 Evans St., Williamsville, NY 14221 (716) 458-0460

Buff City Smoke Shop

88 Lisbon Ave, Buffalo, NY 14214 (716) 464-3851

California Dreamin’ Smoke Shop

7806 Transit Rd, Buffalo, NY 14221 (716) 276-8714

Cannacopia

18 Jamestown St., Gowanda, NY 14070

Cloud 9 Smokes & Vapors on Elmwood

476 Elmwood Ave, Buffalo, NY 14222 (716) 881-1100

Cloud 9 Smokes & Vapors on the Boulevard

1594 Niagara Falls Blvd, Tonawanda, NY 14150 (716) 831-8273

Cloud 9 Smokes & Vapors on Hertel

730 Broad Street, Salamanca, NY 14779 (716) 945-HIGH (4444)

4154 McKinley Pkwy Suite 800 Blasdell, NY 14219 (716) 649-1940

Green Wolf Dispensary

Your CBD Store Williamsville

Decades Psychedelic Daze

Your CBD Store Irondequoit

Decades Too

Your CBD Store East Rochester

Decades III

12156 Brant Reservation Rd, Irving, NY 14081

HollyWeed

10951 Lakeshore Rd, Irving, NY 14081

The Lab Dispensary

10924 Old Lake Shore Rd, Irving, NY 14081 (716)-868-8694 (716) 799-5446

T.H.Chiefs

12134 Rt. 438 Irving, NY 14081 (716) 934-5130

Top Shelf Dispensary

5062 Green Rd, Lewiston, NY 14092

Hemp-CBD Retailers Bison Botanics

1100 Military Rd Unit 1, Buffalo, NY 14217 (716) 259-9001

Buffalo Botanicals

Derby, NY 14047, US (716) 200-7459

Buffalo Sport & Spine

100 College Pkwy, Buffalo, NY 1422 (716) 626-0093

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SUMMER 2022

8070 Transit Rd, Williamsville, NY 14221 (716) 458-0075 1971 East Ridge Road, Irondequoit, NY 14622 (585) 978-7441 129 W Commercial St, East Rochester, NY 14445 (585) 485-0105

Medical Marijuana Practitioners For a full list of practitioners that consent to being listed publicly please visit the NYS Department of Health’s MMJ program website.

Dawn M Springer FNP-BC

1567 Hertel Ave, Buffalo, NY 14216 (716) 836-1111 2895 Seneca St, Buffalo, NY 14224 (716) 677-0311 6053 Transit Rd, Depew, NY 14043 (716) 681-4420 2855 Sheridan Dr, Tonawanda, NY 14150 (716) 322-5631

Decades Hamburg

4514 Camp Rd, Hamburg, NY 14075 (716) 202-1953

Elevated Smoke Shop

7 Kelly Drive, Cheektowaga, NY 14227 (716) 322-6499

Galaxy Glass

716-359-7457 dawn1008@gmail.com

3047 Main St, Buffalo, NY 14214 (716) 768-3687

Gerald Frisicaro-MS/ANP DBA

3911 N Buffalo St, Orchard Park, NY 14127 (716) 662-1795

Jarod Masci, MD of Landmark Health Systems 387 Franklin St, Buffalo, NY 14202 (716) 462-0284

Nerfis Elminowski, DNP-BC of Adult Health DNP PC 2234 Seneca St, Buffalo, NY 14210 (716) 331-3322

Golden Pipe Smoke Shop Cheektowaga

3770 Harlem Rd, Cheektowaga, NY 14215 (716) 833-7473

Golden Pipe Smoke Shop Lackawanna

2540 Hamburg Turnpike Unit #3 Lackawanna, NY 14218 (716) 824-7473

Greener Mile

174 Orchard Park Rd, West Seneca, NY 14224 (716) 541-0790

Headspace Glass & Gifts Buffalo

67 Elmwood Ave, Buffalo, NY 14201 (716) 844-8907

Headspace Glass & Gifts Tonawanda

920 Niagara Falls Blvd, Buffalo, NY 14223 (716) 837-0201

Headspace Glass & Gifts East Amherst

5989 Transit Rd, East Amherst, NY 14051 (716) 428-5730

Headspace Glass & Gifts Orchard Park

4170 Southwestern Blvd., Orchard Park, NY 14127 (716) 648-1111

Local Smoke Shop

42 Allen St, Buffalo, NY 14202 (716) 881-0537

O’s Smoke Shop Lewiston

Buffalo Fermentation

Ground Level Distribution

Eden Agricultural Resources

MEBCO

(716) 828-6068 (716) 628-5257

1330 Niagara Falls Blvd, Tonawanda, NY 14150 (716) 931-9117

Oasis Smoke Shop

685 Dick Rd, Cheektowaga, NY 14225 (716) 901-7774

Oasis Smoke Shop 2

7474 Transit Rd, Williamsville, NY 14221 (716) 529-6001

Oasis Smoke Shop

1402 French Rd, Depew, NY 14043 (716) 608-6777

Pot Patrol

3125 Walden Ave, Depew, NY 14043 (716) 800-9323

Prism Smoke Shop

1079 Union Rd, West Seneca, NY 14224 (716) 671-8006

Shake N Daze

929 South Park Ave, Buffalo, NY 14220 (716) 257-8138

Shake N Daze Depew

5150 Broadway, Depew, NY 14043 (716) 257-8138

Shoot the Moon Headshop & Wholesale

2273 Saunders Settlement Rd, Sanborn, NY 14132 (716) 462-2605

Smoke World Smoke & Vape Shop

(716) 848-1679 phines@hodgsonruss.com

(716) 261-8051

Niagara Hemp Supply

Joseph W. Schafer

(716) 201-9842 (716) 362-9499

(716) 853-5100 x1394 jschafer@lippes.com

Plant Science Laboratories

649 Wyoming Ave, Buffalo, NY 14215 (716) 836-9520

info@csghemp.com CastetterCannabis.com

(716) 531-1890

Steuben Foods

SLA Solutions

(716) 655-4000 ext 357

SLASolutions.com info@slasolutions.com

(716) 200-7459

Seed & Plant Treatments

(716) 992-9619

LPC Naturals

Yager Farms

(716) 529-6333

(716) 472-8484

Yeti Vape

1385 Abbott Rd, Lackawanna, NY 14218 (716) 768-1017

Hydroponics Stores Buffalo Roots Hydroponics & Organics 3231 Main St, Buffalo, NY 14214 (716) 240-9075

Gramps Garden

7820 Porter Rd, Niagara Falls, NY 14304 (716) 400-8698

Green Zone Hydroponics

2928 Southwestern Blvd. Orchard Park, NY 14127 (716) 677-9663 4204 Union Rd, Cheektowaga, NY 14225 (716) 634-8290

Indoor Gardens

3385 Harlem Rd, Buffalo, NY 14225 (716) 844-8375

Yeti Vape

1385 Abbott Rd, Lackawanna, NY 14218 (716) 768-1017

Business Insurance JD Chapman Insurance Agency (585)-394-5482 jdchapmaninc.com

1172 Hertel Ave, Buffalo, NY 14216 (716) 874-6677

Village One Stop Smoke Shop

11 Commercial St, Angola, NY 14006 (716) 549-0393

Yeti Vape

1385 Abbott Rd, Lackawanna, NY 14218 (716) 768-1017

Hemp Research Partners (Farmers & Processors) 22nd Century Group, Inc (716) 270-1523

Anchor Farms

(716) 572-2718

Ancillary Services Bookkeeping Services Canna Bookkeeper LLC

@cannabookkeeper CannaBookkeeper@gmail.com

Product Packaging CannaZip

958 Maple Rd, Williamsville NY 14221 716-400-7005 www.cannazipbags.com

Cannabis Education Erie County Community College (716) 851-1322

Niagara County Community College

Terrapin Station

Payment Processing

Harvest Moon Hydroponics

The Stash Jar

3173 Main St, Buffalo, NY 14214 (716) 602-3387

794 French Rd, Cheektowaga, NY 14227

866-367-1818 420MerchantServices.com

Finger Lakes Community College

Tasty Clouds Vape & Smoke Shop

Consumption Lounges The Roaring 420s Lounge

EMS NY

1050 Harlem Rd, Cheektowaga, NY 14227 (716) 931-5545 10255 Main Street, Clarence 14031

Licensing Consultants Castetter Cannabis Group

Spoth Farms

Weiss Farms

Oasis Smoke Shop

Patrick J. Hines

Hempstead Kitchen

O’s Smoke Shop Niagara Falls

4212 Union Rd, Cheektowaga, NY 14225 (716) 428-3567

Legal Services

(716) 560-9584

Three Cord Ranch

Oasis Smoke Shop

(716) 560-0908

Farm In Peace

482 Center St, Lewiston, NY 14092 (716) 246-2241 1623 Pine Ave, Niagara Falls, NY 14301 (716) 371-2307

(716) 775-7969

flcc.edu

3111 Saunders Settlement Rd, Sanborn, NY 14132 (716) 614-6222

Syracuse University

cannabisprograms@syr.edu

Home Grow Consultants Plant It Express

PlantItExpressNY.com @PlantItExpress rbell@plantitexpressny.com

Cannabis Events CannaHouse

Canna-House.com

Cannabis Advocacy Organizations

Cannabis/Hemp Milling

Office of Assembly Majority Leader Crystal Peoples-Stokes

KannaMill

425 Michigan Avenue, Buffalo, NY 14203 (716) 897-9714

WNY NORML

KannaMill.com (800) 447-4634

Product Testing

(716) 440-1560 wnynorml@gmail.com

Biotrax Testing Laboratories

3580 Harlem Rd #2, Buffalo, NY 14215 (716) 651-0146

Distributors Art of Glass Wholesale

50 French Rd, Cheektowaga, NY 14227

FireGlassCo

@fireglassco

SUMMER 2022

CannaBuff.com

OPE

AILY

(BROADWAY LOCATION ONLY)

GLASS  DETOX

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ShakenDazeSmokeShop.com 716-257-8138 1380 FRENCH RD. DEPEW 14043

Shake N Daze

1929 SOUTH PARK AVE. BUFFALO 14220

5150 BROADWAY ST. DEPEW 14043

NO REFERRAL NEEDED All medical conditions covered Over 35 DENT providers certified to assist you Insurance accepted

www.dentinstitute.com 3980 Sheridan Drive, Amherst. NY 14226

716-250-2000 40 George Karl Blvd, Buffalo, NY 14221

@DentInstitute 200 Sterling Dr, Orchard Park, NY 14127

CannaBuff Issue 12

Articles inside

KannaMill

Empire State Cannabis Update: 3 Conditional Market Lessons for Future Applicants

A Q&A with Nerfis Elminowski, DNP

Sativa Remedy’s Grand Expansion

New York Releases Proposed Regulations for Conditional Adult-Use Retail Dispensaries & Medical Home-Grow

Headshop Highlight: O’s Smoke Shop