On Thursday, October 1, 2026, New York’s Cannabis Control Board (CCB) is scheduled to consider proposed Resolution No. 2026-77, which would extend provisional CAURD and adult-use retail dispensary licensees until December 31, 2028 to submit the outstanding information required by the Office of Cannabis Management (OCM) to convert a provisional license into a final, operational license.
The current deadline is December 31, 2026, now just three months away. For provisional licensees still working through site selection, financing, build-out or local approvals, the resolution would take a looming year-end cliff off the table and add two more years of runway.
What the proposed resolution says
Under the default rule in 9 NYCRR § 120.9(c), a provisional licensee must submit all outstanding information required for final operational license approval within 12 months of receiving the provisional license, “unless otherwise approved by the Board.” That last clause gives the CCB authority to extend the clock, and it has done so several times before.
Most recently, on September 9, 2025, the CCB adopted Resolution No. 2025-65, which extended the provisional license period through December 31, 2026. Proposed Resolution No. 2026-77 would move that date again:
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Who is covered: provisional licensees in the CAURD program (9 NYCRR Part 116) and provisional adult-use retail dispensary licensees (9 NYCRR Part 120).
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New deadline: December 31, 2028, for submitting all outstanding information required for final licensure.
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Future licenses: OCM’s recommendation expressly includes provisional licenses issued through December 31, 2027.
The practical effect is a common end date for covered provisional licensees. The rolling 12-month clock would give way to December 31, 2028 for provisional licenses issued through the end of 2027, meaning a license issued in January 2027 would receive nearly two years to reach final licensure, while one issued in December 2027 would receive approximately one year.
Under OCM’s existing September 2025 guidance, meeting the current provisional-license deadline means submitting the additional information required to complete the licensing process, including proof of control over a proposed site through a lease or deed. The guidance refers to the required secondary submission for both CAURD and general adult-use retail provisional licensees as a “post-selection application,” although that terminology has historically been associated most directly with the CAURD licensing process. A timely submitted application remains in review even if OCM or the CCB does not make a final determination until after the deadline.
Proposed Resolution 2026-77 does not itself spell out those procedures. If adopted, OCM is expected to issue updated guidance addressing how they apply to the new December 31, 2028 deadline and to provisional licenses issued through 2027.
How we got here: a history of extensions
If adopted, Resolution 2026-77 would be the fifth CCB resolution extending provisional-license periods since May 2024. The earlier extensions responded to obstacles in the rollout, including litigation that froze or delayed licensing, uncertainty surrounding the CAURD program, changes to geographic restrictions and later confusion over retail siting standards.
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May 10, 2024 – Resolution 2024-73. The CCB added 12 months to the provisional period for CAURD licensees, bringing the total to 24 months. The Board cited the Fiore litigation, which froze CAURD processing for approximately four months, as well as difficulties created by local laws. The resolution also allowed CAURD licensees to locate anywhere in New York rather than remaining limited to their originally selected geographic region.
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November 12, 2024 – Resolution 2024-115. The CCB added another six months for CAURD provisional licensees issued before August 7, 2023, extending their potential provisional period to 30 months.
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March 20, 2025 – Resolution 2025-22. The CCB added six months for adult-use provisional licenses issued before February 1, 2025, increasing their provisional period from 12 to 18 months after a court order stalled license processing in December 2024 and January 2025.
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September 9, 2025 – Resolution 2025-65. The CCB replaced the various staggered timelines with a single December 31, 2026 deadline for provisional CAURD and adult-use retail licensees, including licenses issued through December 30, 2025 and certain provisional periods that had already lapsed.
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October 1, 2026 – Proposed Resolution 2026-77. The proposed resolution would move the common deadline from December 31, 2026 to December 31, 2028 and expressly extend the relief to provisional licenses issued through December 31, 2027.
Two things stand out.
First, when the CCB established the December 31, 2026 deadline, OCM expressly told provisional licensees to expect that extension to be the last and to plan accordingly.
Second, the reasons for extending provisional licenses have evolved. The earliest extensions were largely responses to litigation and disruptions in the licensing process. More recently, the focus has shifted toward the difficulty of securing compliant retail locations, including issues arising from proximity and siting guidance that continued to be clarified.
The cumulative effect is significant. Under the proposed new date, the earliest CAURD provisional licensees could have more than five years from their initial approval to reach final licensure. The first general adult-use provisional retail licenses, issued in February 2024, could have nearly five years—compared with the 12-month provisional period contemplated by the regulations.
What it means: effects and consequences
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The headline effect is relief. Under the current framework, a provisional licensee that does not submit the required “post-selection” materials by December 31, 2026 risks losing its provisional license, and OCM had said it will not accept submissions after the applicable deadline.
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But another two years also creates secondary effects across the market.
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For provisional licensees. Two more years removes much of the immediate pressure to sign a marginal lease in the next 90 days simply to beat the deadline. But it may also stretch out carrying costs for licensees already paying rent or otherwise holding a site while working toward approval. More time only solves the problem if the underlying obstacle—often finding a compliant and economically viable storefront—can ultimately be overcome. Licensees have been saying for some time that compliant locations are becoming harder to find.
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For landlords, lenders and investors. Leases, letters of intent, loan documents and investment agreements often tie contingencies, termination rights or outside dates to licensure milestones. Parties that pegged those dates to December 31, 2026 should revisit their documents, because the urgency and leverage assumed when those agreements were negotiated may no longer match the regulatory reality.
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What doesn’t change. A provisional license still does not authorize cannabis activity. Final licensure still requires a compliant location and completion of the additional licensing requirements applicable to the particular license type, including the CAURD post-selection process for CAURD licenses and the remaining application and disclosure requirements for non-CAURD adult-use retail licenses.
What to watch at the October 1 meeting
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Whether it passes as drafted. This remains a proposed resolution. The Board can adopt it, amend its date or scope, or decline to act on it.
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The operative language. The recitals expressly describe OCM’s recommendation as covering provisional licenses issued through December 31, 2027, but the resolving clause itself simply extends the provisional license period until December 31, 2028. Resolution 2025-65 used a similar structure, with OCM later providing additional details through companion guidance. Any updated guidance following the October 1 meeting will therefore be important.
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Whether previously lapsed or expiring licenses are addressed expressly. Resolution 2025-65 and the accompanying guidance dealt specifically with provisional periods that had already expired. The new resolution does not provide the same level of detail on its face.
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Any strings attached. The draft contains no interim progress milestones, site-control requirements or check-ins before December 2028 beyond the existing requirements for final licensure. Whether the Board adds any conditions—or signals that the new deadline should truly be treated as firm—will affect how provisional licensees should plan.
What provisional licensees should do now
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Keep moving until the vote. Until the Board actually adopts Resolution 2026-77, December 31, 2026 remains the operative deadline. Licensees that are close to filing should continue working toward submission.
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Read the follow-up guidance carefully. If the resolution is adopted, OCM is likely to provide additional guidance regarding the mechanics of the extension, including how it applies based on license type and issuance date.
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Revisit deal documents. Leases, LOIs, financing documents and investment agreements tied to the December 31, 2026 deadline may contain outside dates, contingencies, termination rights or other provisions that should be reconsidered.
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Use the additional time strategically. An extension should not simply become another two years of delay. For licensees without a site, the additional runway creates an opportunity to be more selective about location, economics and lease terms instead of entering a bad deal solely because of an expiring license.
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Don’t bank on another extension. OCM told licensees in 2025 to expect the 2026 extension to be the last, and that deadline is now poised to move again. That history is not a reason to assume there will be another extension after 2028.
We will be following the October 1 meeting and will share updates as the CCB acts on the resolution and OCM issues any accompanying guidance.
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About Neil M. Kaufman
Neil M. Kaufman is the managing member of Kaufman McGowan PLLC, Long Island’s Corporate & Securities Law Firm ™ and Corporate & Securities Counsel to the Cannabis Industry™. He is one of the leading corporate cannabis lawyers in New York and the USA and a fixture of the New York and Long Island corporate and securities legal community. He has been named one of the top cannabis lawyers in the world by Cannabis Law Report, a Cannabis Industry Power Player and was selected as a SuperLawyer 2015-2026. Learn more here!
About Sean J. McGowan
Sean J. McGowan is a partner in Kaufman McGowan PLLC, Long Island’s Corporate & Securities Law Firm ™ and Corporate & Securities Counsel to the Cannabis Industry™. He has been named one of the top cannabis lawyers in the world by Cannabis Law Report, a 40 under 40 recipient by Long Island Business News and was selected as NY Metro Rising Star 2020-2026. Learn more here!
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