In 2022, a couple, Kim Stetz and her partner Marq Hayes submitted an application for a Conditional Adult-Use Recreational Dispensary (CAURD) license. Their goal was to open an adult-use marijuana store called Brown Budda in New York.
They were among over 900 applicants hoping to secure a social equity CAURD permit, a surprisingly low number given the state’s history of cannabis-related arrests.
Out of all the applicants, only 32 individuals were initially selected for provisional approval. Fast forward two and a half years and Brown Budda is fully licensed and had even launched delivery operations. However, the municipality they are operating in, Southampton, unexpectedly announced that a special-use license is required for delivery services.
According to Stetz, this demand is inaccurate. Despite disagreeing, they’ve decided to comply with the Town Council’s request and have paused their operations. Meanwhile, the business is sitting on a world-class location with a 15-year lease, yet facing opposition simply because the new Town Council isn’t thrilled with the choices their predecessors made.
On the financial front, the Brown Budda founders have faced many questionable offers. Wealthy investors frequently approach them, offering funding but demanding total ownership rather than fair loan terms or reasonable equity stakes.
Potential financiers are asking for half or more of the business once their conditional license transitions to a general license in 2028, or if they ever decide to sell. The couple has already spent over $50,000 on legal and consulting fees just to maintain full ownership. They have decided to hold out for a fair partnership or, ideally, find an affordable loan—an option that is slowly becoming available for marijuana enterprises.
Throughout this struggle, Stetz has noticed that investors appear far more focused on their personal profits than on supporting the individuals who have built the business from the ground up. This situation has made them question whether the social equity goals that New York intended with its cannabis rollout are being honored.
Thankfully, the Office of Cannabis Management (OCM) recently introduced the Trade Practices Bureau (TPB) to crack down on shady practices like predatory lending and fraudulent deals that could crush small cannabis businesses. Their mission is to protect the spirit of social equity and make sure big money doesn’t steamroll the entrepreneurs who were meant to benefit.
Real estate and funding challenges have put CAURD license holders in tough spots, often forcing them into unfair deals. Until things truly change, cannabis entrepreneurs like Brown Budda are left fielding shady offers, cannabis-style.
For those entering the cannabis space, Stetz encourages deep reflection on personal motives, advising newcomers to prioritize community and fairness over pure profit. Her advice is simple: listen to license holders and offer them genuinely fair deals based on their needs.
Established marijuana companies like Aurora Cannabis Inc. (NASDAQ: ACB) (TSX: ACB) will be hoping that any loopholes allowing predatory investors to infiltrate the social equity program in New York State are plugged so that those who are earmarked as beneficiaries of that program do benefit from it.
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