Hochul Signs Law to Revive Cannabis Farmers’ Markets (Growers’ Showcases) via New Event Permit

By: Andrew P. Cooper, Esq., LL.M. and Terran Cooper

Heading into 2025 New York Governor Kathy Hochul signed two new cannabis related bills, one of which would bring back the previously discontinued Cannabis Growers’ Showcase program, effectively allowing adult-use cannabis farmers’ markets across New York State.

The first bill (A10398/S9679), allows for the establishment of a cannabis showcase event permit. This showcase event permit would act similarly to the prior authorizations for cannabis farmers’ markets and would require application by a licensed retailer (with corresponding proof of partnership with a licensed cultivator and/or processor). Many were disappointed by the discontinuance of the cannabis growers’ showcases at the start of 2024, as they were a welcome addition for many licensees, particularly suppliers struggling to gain shelf-space and early traction as they began their operations.

The permitted adult-use retail licensee would then be authorized to conduct retail sales of certain adult-use cannabis products and merchandise to consumers at an event, similar to a farmers’ market or pop-up. A permit is generally limited to 14 days, with a permit being limited to one cannabis showcase event. Permittees must still comply with all relevant requirements, including sales reporting.

Event Permit

While the purpose of this new permit is clearly to reinstate the Cannabis Growers’ Showcase program, the Senate version of the bill (S9679) highlights the potential versatility of the permit. The Senate bill provides examples of permitted cannabis events held at a theatrical production, concert, sporting event, etc. (as authorized by the office). Further, the Senate bill specifically includes that permitted licensees may showcase their products at educational events, music, or any other activities as determined in regulations and as authorized by the office.

Permitted cannabis events have been a long time coming here in New York, and we expect creative operators to experiment with new event formats. Certain partnerships will likely facilitate cannabis consumption at events and venues which would have previously seemed impossible.

Agricultural & Tax Bills

Governor Hochul also signed bill A1234/S1752 into Law, which revises the definition of certain agricultural items to include cannabis. Ambiguity surrounding cannabis’ classification as an agricultural crop had led to issues in determining applicable taxes.

Governor Hochul separately vetoed a bill (A10196/S9359) which would have allowed adult-use cannabis cultivators and processors to pay excise taxes on a yearly basis as opposed to the existing quarterly basis.

If you have questions about how these evolving regulations could impact your cannabis business, reach out to FRB’s Cannabis & Psychedelics Practice Group at 212-203-3255 or info@frblaw.com for guidance.

DISCLAIMER: This summary is not legal advice and does not create any attorney-client relationship. This summary does not provide a definitive legal opinion for any factual situation. Before the firm can provide legal advice or opinion to any person or entity, the specific facts at issue must be reviewed by the firm. Before an attorney-client relationship is formed, the firm must have a signed engagement letter with a client setting forth the Firm’s scope and terms of representation. The information contained herein is based upon the law at the time of publication.