The cannabis industry in New York is experiencing an exciting and rapid expansion, thanks to the legalization of adult-use cannabis. As the state’s market grows, an increasing number of entrepreneurs are looking to capitalize on the opportunity to start a cannabis brand. But starting a cannabis brand is no simple task. It requires a deep understanding of the evolving regulatory landscape, well-thought-out business strategies, and a commitment to compliance at every step.

At Seligson Law, we’ve worked with numerous cannabis businesses across New York, helping them navigate the complexities of this unique industry. Whether you’re in the early stages of building your brand or are looking to expand your operations, our team of legal professionals, led by Kenneth Seligson, is here to guide you. Our attorneys bring years of experience in cannabis law, business planning, and regulatory compliance, ensuring that you have the support necessary to succeed in this growing market.

If you’re serious about launching a cannabis brand in New York, here’s everything you need to know:

1. Understand the New York Cannabis Landscape

Before diving into branding, it’s essential to understand the structure of New York’s cannabis market. The state has adopted a two-tier licensing system, which divides cannabis-related operations into separate categories, with restrictions on vertical integration. Retailers, for example, are not allowed to engage in cultivation, processing, or distribution, and vice versa.

Some of the key licenses available in New York include:

Cultivator
Processor
Distributor
Retail Dispensary
Microbusiness (allows limited vertical integration)
Delivery
On-Site Consumption

Additionally, New York is expected to introduce a cannabis branding license, which would allow companies to develop and license branded cannabis products without holding a traditional plant-touching license. If your focus is on marketing or product development rather than operations, this license may be worth exploring.

As you move forward, it’s important to decide which role you’ll take, whether holding a license directly or partnering with licensed operators through white labeling or IP agreements. Understanding your place in the regulatory framework will help you stay compliant and support long-term growth.

2. Identify Your Niche and Brand Story

New York’s cannabis market is highly competitive, with a growing number of brands vying for attention. To succeed, it’s crucial to carve out a niche and craft a compelling brand story that resonates with your target audience.

Ask yourself:

Are you targeting seasoned cannabis users or newcomers?
Is your brand focused on wellness, social impact, luxury, or a specific lifestyle?
What values and imagery do you want your brand to represent?

These answers will guide your decisions about product development, marketing strategies, and even visual identity. Your brand story should be consistent across every aspect of your business, from packaging and advertising to how you engage with consumers.

3. Build Relationships With Licensed Operators

If you do not plan to directly hold a license, building strong, mutually beneficial relationships with those who do is crucial. This could involve partnering with cultivators who grow your flower, processors who create your infused products, or retailers who will sell your brand in stores.

Strong relationships in this industry go beyond business transactions. They are built on trust, aligned values, and clear communication. It’s important to have clear agreements in place that outline each party’s responsibilities, expectations, and the quality standards necessary to protect your brand’s integrity.

4. Get Your IP in Order

Cannabis operates in a legally complicated environment, especially since it remains federally illegal. However, that doesn’t mean you can’t protect your brand’s intellectual property. Trademarks, copyrights, and contracts are essential for establishing ownership and protecting your brand.

To get started:

Perform a name search to ensure that your brand name is available and doesn’t infringe on existing trademarks.
Register your trademark in New York State (or federally, if applicable) to protect your brand identity and prevent others from using it.
Use contracts to license your brand to manufacturers and retailers, ensuring that your intellectual property is protected.

These steps will help secure your brand and maintain control over how it’s used in the marketplace.

5. Stay Compliant With Marketing and Packaging Rules

New York imposes strict rules regarding cannabis advertising, labeling, and packaging. Brands must ensure that their marketing efforts comply with state regulations, which include:

No appeals to minors
No medical claims or misleading statements
Packaging must be child-resistant, tamper-evident, and adhere to design guidelines set by the state

It’s crucial that your branding team understands these rules, and that your legal team reviews all marketing materials, packaging, and advertising before they go live. Failure to comply can result in fines, loss of license, or damage to your brand’s reputation.

6. Create a Scalable Strategy

Building a cannabis brand isn’t just about looking good; it’s about creating a brand that can grow and adapt as the market continues to evolve.

To build a scalable cannabis brand, you should:

Develop a go-to-market plan: Outline how you’ll introduce your products to the market, build your customer base, and differentiate your brand.
Track your costs: Keep detailed records of your cost of goods sold and built-in margins to ensure profitability.
Understand distribution: New York’s cannabis distribution model may require working with licensed distributors, so it’s important to know how this impacts your operations.
Keep compliance records: Ensure that you maintain records for compliance and forecasting as the market grows and new regulations emerge.

7. Use Legal Support to Build the Right Foundation

Every stage of building a cannabis brand comes with its own set of legal challenges. Licensing, contracts, IP protection, compliance, and marketing—all these factors need careful consideration and professional oversight.

At Seligson Law, we provide comprehensive legal support to cannabis entrepreneurs in New York. From licensing and regulatory strategy to deal structuring and brand protection, our experienced attorneys help you navigate the complex cannabis landscape and build a strong foundation for long-term success.

Contact Our New York-Based Cannabis Attorneys at Seligson Law Today

Starting a cannabis brand in New York requires much more than just a good product and a catchy name. With complex laws, heavy regulations, and a rapidly changing market, you need a dedicated legal partner who can guide you through the intricacies of cannabis law and ensure your brand stands out and succeeds.

Seligson Law has been at the forefront of cannabis law for years, helping clients successfully navigate New York’s cannabis market. If you’re ready to launch your cannabis brand, or if you’re just beginning to explore your options, we’re here to help.

FAQs

1. Do I need a license to start a cannabis brand in New York?

Yes. You must hold the proper license based on your role, such as cultivation, processing, distribution, or retail. If you’re focused only on branding, you may work through white-label agreements or explore the state’s proposed branding license.

2. Can I operate in more than one area of the cannabis supply chain?

Generally no. New York’s two-tier system prohibits most vertical integration. The main exception is the microbusiness license, which allows limited operations across different activities.

3. How can I protect my cannabis brand legally?

You can protect your brand with trademarks, copyrights, and strong contracts. Because cannabis is federally illegal, strategies must be tailored carefully, often with help from a cannabis attorney.

4. What are the packaging and marketing requirements in New York?

The state requires child-resistant, tamper-evident packaging and clear labeling. Marketing cannot appeal to minors, make health claims, or mislead consumers. All materials should be reviewed for compliance before launch.

5. How much does it cost to start a cannabis brand in New York?

Costs depend on licensing, branding, and partnerships, but they are significant. Many entrepreneurs should budget anywhere from tens of thousands to several hundred thousand dollars to launch and maintain a compliant brand.

6. How can a cannabis lawyer help me build my brand?

A cannabis lawyer can guide you through licensing, compliance, intellectual property protection, and contract negotiations. Their support helps you avoid mistakes and establish a strong legal foundation for growth.

How to Start a Cannabis Brand in New York