NY Cannabis Dreams Turn Sour: Hidden Costs and Limited Control Leave Dispensary Owners Frustrated

Table of Contents:

1. Introduction
2. The Promise of Social Equity
3. Loan Terms: A Closer Look
   • 3.1 Restrictions and Costs
   • 3.2 Lack of Control for Licensees
   • 3.3 Concerns from Industry Experts
4. Comparisons with Other States
5. Private Capital Struggles and Late Funding
6. Stories from the Ground
   • 6.1 Akele Parnell’s Perspective
   • 6.2 Carl Anderson’s Disappointment
   • 6.3 Success Stories Amidst Struggles
7. State’s Response to Criticisms
8. The Slow Unveiling of Loan Details
9. Challenges and Grievances
10. Seeking Transparency and Fairness
11. Conclusion
12. Frequently Asked Questions (FAQs)

Introduction:

In January 2022, Governor Kathy Hochul unveiled a groundbreaking $200 million fund to support New York’s social equity goals in the cannabis industry. The aim was clear: empower those affected by historical drug policies to not only enter the legal market but thrive. However, recent revelations about the loan terms provided to dispensary owners raise concerns about the promised benefits turning into burdens.

The Promise of Social Equity:

Governor Hochul’s vision aimed to build generational wealth for justice-impacted individuals and foster social equity. The goal was ambitious: create opportunities for those who had suffered most from decades of discriminatory drug policies.

Loan Terms: A Closer Look:

3.1 Restrictions and Costs: Loan documents obtained by THE CITY reveal that the 10-year loans offered to dispensary owners come with significant restrictions and potential burdens. The costs associated with building out a business may climb up to an 18% interest rate, leaving licensees with limited control.

3.2 Lack of Control for Licensees: Dispensary owners find themselves without control over crucial aspects, such as building out their locations. The fund dictates expenses related to leases, property management, build-outs, and even litigation expenses, limiting the licensees’ autonomy.

3.3 Concerns from Industry Experts: Industry experts, including cannabis lawyer Benjamin Rattner, express concerns over the level of control granted to the New York Social Equity Cannabis Investment Fund. The fund’s authority to monitor sales tracking software and directly approach a business’s accountants raises questions about data protection and usage.

Comparisons with Other States:

While New York opted for a public-private partnership, other states with similar social equity goals chose different paths. Illinois, California, Massachusetts, and New Jersey implemented programs with low-interest loans, grants, or forgivable loans, showcasing varying terms and more favorable conditions for entrepreneurs.

Private Capital Struggles and Late Funding:

New York’s struggle to secure private investment delayed the implementation of the $200 million fund. Only in late June of the following year did Governor Hochul announce that Chicago Atlantic had agreed to provide the required $150 million. However, the terms of the loan raised eyebrows, with Chicago Atlantic acting more as a lender than an investor in cannabis dispensaries.

Stories from the Ground:

6.1 Akele Parnell’s Perspective: Akele Parnell, a participant in the CAURD program, sees the terms as fair, given the challenges of accessing capital in the cannabis industry. His team plans to accept a social equity fund site, acknowledging the difficulties faced by Black and brown cannabis license-holders.

6.2 Carl Anderson’s Disappointment: Disabled veteran Carl Anderson, initially thrilled to be awarded a dispensary license, faced disappointment as the promised ready-to-open locations lagged behind. The terms and costs associated with building out a dispensary led him to reject a site in Hunts Point.

6.3 Success Stories Amidst Struggles: Despite the criticisms, some dispensary owners, like Keshawn Warner and Mike James, highlight the opportunities the fund provided to launch their businesses quickly.

State’s Response to Criticisms:

In response to criticisms, the state Dormitory Authority emphasizes the uniqueness of the $200 million fund, labeling it as a first-of-its-kind public-private partnership. The authority claims that the fund offers social equity licensees access to capital on more favorable terms than private lenders.

The Slow Unveiling of Loan Details:

Details about the loan agreements, shrouded in confidentiality, started emerging only recently. The lack of transparency has led to concerns among stakeholders, and the recent state Senate hearing brought these issues to light.

Challenges and Grievances:

Dispensary owners, expressing concerns over the lack of transparency in loan terms and high rents for available sites, sent a grievance letter to state officials in May. Some likened their circumstances to “financial slavery,” emphasizing the need for clear and transparent financial information.

Seeking Transparency and Fairness:

Amidst the challenges, licensees and industry stakeholders call for transparency in financial dealings. Questions about costs, data protection, and the overall impact on businesses remain unanswered, prompting the need for a reevaluation of the social equity program.

Conclusion:

New York’s ambitious social equity goals in the cannabis industry face challenges as the reality of loan terms unfolds. Dispensary owners, initially hopeful for opportunities, now grapple with restrictive conditions and high costs, raising questions about the effectiveness of the state’s approach.

Frequently Asked Questions (FAQs):

Q1: What are the key concerns raised by dispensary owners about the loan terms? A1: Dispensary owners express concerns about the high costs, lack of control over crucial business aspects, and the potential for defaulting on loans due to restrictive conditions.

Q2: How does New York’s social equity program compare to other states? A2: New York’s program differs from other states, opting for a public-private partnership with significant private capital involvement. Other states offer low-interest loans, grants, or forgivable loans with more favorable conditions.

Q3: How has the state responded to criticisms of the social equity program? A3: The state Dormitory Authority defends the uniqueness of the $200 million fund, claiming it offers social equity licensees access to capital on terms more favorable than private lenders.

Q4: What are some success stories among dispensary owners despite the challenges? A4: Owners like Keshawn Warner and Mike James highlight the opportunities the fund provided to quickly launch their businesses, despite criticisms from others in the industry.