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Estate Planning FAQ

Wed, 01 Mar 2023 13:32:38 GMT

Putting a comprehensive estate plan in place can help you provide various instructions and mitigate challenges when distributing your assets or settling your final affairs when you're gone. Whether you have a small or large estate, you can protect your assets, loved ones, and interests, and prepare for life's uncertainties by drafting an estate plan. A trusted attorney can answer some of your frequently asked questions about estate planning.

With nearly five decades of practice experience, I have the knowledge to advise and guide individuals and families in estate planning-related matters. As your estate planning attorney, I will work to understand your situation, explore your various estate planning options, and help you decide the best choice that suits your unique needs. My firm — Lawrence M. Gordon, Attorney at Law, PC — proudly serves clients across Long Island, Bellmore, Suffolk County, and Nassau County, New York.

Estate planning involves providing detailed instructions in advance about how you want your assets managed or distributed, and any final affairs to be settled upon your death or sudden incapacitation.

Frequently Asked Questions About Estate Planning

What Is Estate Planning?

Why Is an Estate Plan Important?

Having an estate plan is important because it allows you to achieve the following:

Protect your assets, property, investments, business, and interests
Prepare for future uncertainties
Choose a dependable and trustworthy person as your personal representative
Give you complete control over who will inherit your property and assets
Make adequate provisions for your surviving loved ones, spouses, close relatives, and dependents.
Protect assets and investments from frivolous lawsuits and unreasonable creditor claims.
Protect minor children and make sure they're adequately cared for.
Help beneficiaries and heirs avoid or minimize gift, estate, and inheritance taxes
Avoid possible disputes and disagreements between family members over asset distribution
Bypass the time-consuming and expensive probate proceedings.
Ensure that you do not die intestate (without a will)

However, before you start creating your estate plan, you should have a sense of direction. This involves identifying your estate planning goals and making a detailed inventory of your assets. In addition, you should consider who can help manage your personal, legal, health, and financial affairs, who will inherit your property, and how to repay your debts.

What Should I Consider Before I Start?

A will is a legal document that allows you to outline how you (the testator) want your assets to be distributed or disposed of when you're gone. In contrast, a trust is a fiduciary relationship that allows you (the trustor) to appoint another person (the trustee) who will hold the trust property on behalf of the beneficiaries. Here are some differences between a will and a trust:

Creating a will is cost-effective. In contrast, creating a trust requires a more expensive upfront cost.
A will is a public record. A trust will help keep your affairs private.
A will must pass through probate to determine its validity. Your trust can bypass probate.
A will allows you to choose a guardian for minor children. With a trust, you can store away assets for minor children and future generations until a future date.
If you create a will, your estate and assets will be subject to inheritance and estate taxes. Establishing a trust can help you avoid or reduce inheritance and estate taxes.

What's the Difference Between a Will and a Trust?

What Happens If I Die Without a Will?

Dying without a will is often referred to as dying "intestate." If your die in New York State without a will, the local probate court will determine how your estate will be administered – using the state's intestate succession laws.

A handwritten or holographic will is a last will and testament that was drawn up by hand. In New York State, holographic wills are not valid unless it was created by a member of the United States armed forces on active duty.

Is a Handwritten Will Valid?

How Does Probate Work?

Probate is a court-supervised process that often occurs when a person dies. During probate, the court will determine the validity of the will and appoint the named executor or administrator. Once appointed, the executor will:

Gather and evaluate the deceased person's assets.
Notify creditors and other interested parties.
Collect rents and money owed to the decedent.
Pay debts and taxes.
File the final income tax return.
Distribute the remaining assets to rightful beneficiaries and heirs.

What Do I Do After the Death of a Family Member?

When a loved one dies in New York, here are some important post-death tasks you need to handle:

Get a legal pronouncement of death and a death certificate.
Inform the decedent's loved ones, friends, close relatives, employers, coworkers, banks, insurance providers, social security services, and other concerned parties.
Arrange for their burial, funeral, or deposition of remains.
Make suitable provisions for their surviving family members, minor children, and pets.
Locate and execute the decedent's estate plan, including their will and trust.
Start the probate process.

What Is a Power of Attorney?

A power of attorney (POA) is a written document that allows a person (the principal) to choose or authorize someone else (the attorney-in-fact or agent) who can act on their behalf in certain financial, property, legal, tax, or health matters should they become unavailable or unable to handle such matters.

How Often Should I Update My Estate Plan?

It’s in your best interest to review and update your estate plan regularly – usually every three to five years, or whenever a major life event occurs. This way, you can ensure that the provisions and instructions of your will and estate plan are consistent with your current wishes.

Do I Need an Attorney to Create My Estate Plan?

Essentially, you can draft your estate plan without an attorney. However, you may not understand your available options or make irrevocable mistakes without reliable advocacy and guidance. An experienced lawyer can fully explain how estate planning works, what to consider before starting, and advise you about your available legal options. Also, your attorney can help draft a personalized estate plan that best fits your unique needs.

Experienced Guidance When You Need it Most

When drafting your estate plan, getting experienced guidance and advocacy is imperative. Contact me at Lawrence M. Gordon, Attorney at Law, PC, today to schedule an initial consultation. I can offer you the personalized legal counsel and advocacy you need to make informed decisions for your legacy’s future and achieve peace of mind. My firm proudly serves clients across Long Island, Bellmore, Suffolk County, and Nassau County, New York.

I’ve Been Named the Administrator of an Estate. What Now?

Wed, 18 Jan 2023 13:47:06 GMT

When someone dies without a last will and testament, the state laws of intestate succession take over. This means that that person’s closest relatives — as determined by law — will inherit his or her assets.

It also means that someone, usually a family member or relative, will be appointed administrator of the estate to oversee the settling of all matters in probate court. An administrator of an estate fulfills essentially the same functions as an executor, but an executor is named in a will, whereas an administrator is not.

While an executor named in a will may be prepared for the eventuality and be aware of the decedent’s desires for his or her assets, an administrator named by the court may be assuming the task with little or no preparation or advance knowledge. Also, since there is no will to go by, the court will decide who gets what.

If you’ve been appointed by a probate court as the administrator of an estate and you need guidance on how to handle your administrative tasks, contact a skilled probate and estate administration attorney. At Lawrence M. Gordon, Attorney at Law, PC, I’ve been advising clients since 1974. I am knowledgeable and experienced in all aspects of probate and estate administration and can help you fulfill all the duties required of you.

From my office in Bellmore, New York, I serve clients across Long Island, including Nassau County and Suffolk County, and throughout the five boroughs of New York City.

Intestate Succession in New York: Appointing an Administrator

Probate for the deceased, whether they left a will or not, is held in the Surrogate’s Court of the county in which they passed away. According to the website of the New York State Unified Court System, the closest family member — known as the closest distributee in legalese — should present the court with the decedent’s death certificate and file a Petition for Letters of Administration and any other supporting documents.

The petition must include the names of all other distributees, or relatives entitled to a share of the decedent's property. These individuals must be notified of the impending probate proceedings through what is called a citation. The distributee who files the petition can sign a waiver and consent to the appointment of someone else to be named administrator of the estate. The court can then choose someone from the list of distributees who received citations.

Duties of the Administrator

Similar to what an executor named in a will would do, the administrator must take charge of the estate — the decedent’s assets — and manage them to pay off all creditors and tax obligations. This might involve the sale of solely held real property or even art or other collectibles. The proceeds, including any cash assets, must be placed in a bank account set up specifically for the estate administration process.

The administrator will also be responsible for wrapping up any day-to-day obligations of the decedent, such as canceling subscriptions, utilities, and leases. The administrator must also notify relevant government agencies of the person’s death, including the post office, Social Security Administration, Medicare, and the Veterans Administration, and other applicable agencies.

The court will supervise these actions and require reports of everything that has been done. The administrator has a fiduciary duty to act in the best interests of all involved, including creditors and heirs, which means being honest, impartial, and diligent. Heirs can also object if they feel the administrator is acting in a self-serving way.

Where the duties of the administrator differ from those of an executor is in the distribution of assets. An executor has a will to go by when it comes to the final settling of the estate — distributing assets to those so designated. When a person dies without a will, state laws of intestate succession will determine who gets what.

Things can get a bit complicated when it comes to the distribution of assets for someone who dies intestate (without a will). If there is just a spouse and no other relatives, then the spouse gets everything. If there is no spouse and only children, then the children get everything.

After that, it gets a bit more involved. If there are both a spouse and other descendants, the spouse gets $50,000 plus one-half of everything else. The other descendants get the other half. If there is no spouse or descendants, the decedent’s parents stand to inherit everything. If the decedent had no spouse, descendants, or living parents, their siblings become the inheritors.

Law of Intestate Succession: Who Gets What?

Under New York law, administrators are entitled to what amounts to a commission based on the value of the estate. If the estate is valued under $100,000, the administrator can receive a fee equal to 5% of the estate value.

The percentage then decreases as the estate value rises — 4% for an estate under $200,000 in value, 3% for an estate under $700,000, 2.5% for under $4 million, and 2% for under $5 million.

Compensation for the Administrator

It is smart to have an experienced estate administration attorney to help you in carrying out your tasks, if for no other reason than to answer questions and help you prepare all the documents needed. Sometimes, the tasks can get more involved, especially if there are challenges by creditors or family members, and then legal counsel becomes all the more vital.

At Lawrence M. Gordon, Attorney at Law, PC, I am prepared to help you by coaching, preparing documents, or overseeing the entire process if you so choose. Contact my office in Bellmore, New York you find yourself being appointed the administrator of an estate on Long Island. I can provide you with personalized guidance every step of the way.

Get Personalized Legal Counsel

Why Using an Attorney Instead of Online Forms Is Important

Fri, 10 Jun 2022 13:54:37 GMT

We’ve all seen or heard ads for online services where, for a modest fee, you can create your own estate planning document, whether it be a will, a trust, or both. While the price is attractive and the process seems simple enough, as with all matters in life, the devil lies in the details.

Will these documents achieve the legal standards required for your will or trust to be honored as enforceable? After all, you’re the one filling in the blanks, and if your wording is vague or somehow not up to legal standards, your estate may be left in limbo when you’re gone, even if your intentions were the best in the world.

Every person is unique, and to think a do-it-yourself document can cover all the hopes, dreams, and wishes of every person who uses it is to expect too much. Creating a will or trust on your own is almost like self-diagnosing yourself when you suddenly fall terribly sick. You may get it right, but the odds are against you. You need professional advice when it comes to your own health and also when it comes to your estate planning needs.

If you’re in or around Long Island, New York, or in the neighboring areas of Bellmore, Nassau County, and Suffolk County, contact Lawrence M. Gordon, Attorney at Law, PC. I have nearly 50 years of experience in helping others create estate plans that meet all legal requirements and provide rock-solid peace of mind for you and yours.

Why Estate Planning Is Important

Surveys show that fewer than 40 percent of adult Americans have even a last will and testament in place to care for their loved ones when they’re gone. When those without wills are asked why, some say “I don’t know how” and others, “I don’t have enough assets.”

“Don’t know how” is simply solved by visiting an estate planning attorney. As for “not enough assets,” that’s rarely the case. Every working adult creates an estate with assets that can be passed on, whether it’s real property, cash, investments, or even family mementos and heirlooms.

If you don’t create a legal document for the distribution of your assets once you’re gone, the state will do so for you, using what it calls its laws of intestacy, or laws of inheritance. Meanwhile, your loved ones will be tied up in probate court awaiting a judge’s decision on who gets what. Don’t put your family and loved ones in a situation like that.

Online Forms vs. Using an Estate Planning Attorney

First off, if you go to an online estate planning document site, you’ll no doubt find a disclaimer like this one from LegalZoom, one of the largest and earliest of these sites:

“We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies.”

In other words, you’re on your own, and if you choose the wrong form or fill it out incompletely or erroneously, there is no one who is going to tell you that your will and its instructions are not legally enforceable.

In addition to putting yourself at risk for errors and omissions that can come back to haunt you and your loved ones, these forms are not always state-specific. The form you download may be fine for Georgia, for instance, but where you live may have other requirements.

Making modifications is also something that DIY forms do not easily provide for. Say your life changes. You get divorced and remarried, or you want to add a new beneficiary. Most likely, you’ll have to start all over again with the downloadable form.

If you start the whole estate planning process with a knowledgeable attorney, you can easily update your will or trust whenever you need to. Having an attorney who has a copy of your will or trust also serves as an important backup if disputes arise when your estate enters the administration process once you’re gone.

If your heirs are arguing over the validity of your will in probate court, and you self-executed the document, you will have no one around who can testify to your intent. If you complete your will with an attorney, the attorney will not only have a copy of the legal instrument but can also testify as to your intentions when crafting it.

Rely on Compassionate and Comprehensive Legal Counsel

Staring at a fill-in-the-blanks form and wondering what exactly to do with it can be challenging enough, but when the future of your family and loved ones is on the line, you should choose the safest, most reassuring route by contacting an estate planning attorney.

In my nearly 50 years of helping others with their estate plans, I have always provided compassionate and comprehensive service to make sure all their wishes are conveyed legally and enforceably to provide their loved ones with ultimate peace of mind.

If you’re in Long Island, New York, or in any neighboring communities or counties, contact Lawrence M. Gordon, Attorney at Law, PC for all your estate planning needs.

Estate Planning Terms to Know

Fri, 29 Apr 2022 13:59:28 GMT

Having well-detailed estate planning documents is crucial to provide specific instructions about how you want your final affairs to be settled when you're no more. Whether you have a small or large estate, you and your loved ones can benefit from creating an estate plan. A knowledgeable New York State estate planning attorney can enlighten you about some important estate planning terms you should know and help you navigate crucial decisions.

With over 48 years of extensive experience, I'm committed to offering outstanding legal services and reliable advocacy to clients in estate planning-related matters, including wills, trusts, probate, power of attorney, probate, and estate administration. I'm available to discuss your unique situation and enlighten you about the importance of estate planning, as well as some important terms to know. My firm is proud to serve clients across Long Island, Bellmore, Suffolk County, and Nassau County, New York.Having well-detailed estate planning documents is crucial to provide specific instructions about how you want your final affairs to be settled when you're no more. Whether you have a small or large estate, you and your loved ones can benefit from creating an estate plan. A knowledgeable New York State estate planning attorney can enlighten you about some important estate planning terms you should know and help you navigate crucial decisions.

Why Estate Planning is Important

Estate planning involves making a comprehensive plan in advance about who will receive your property and how assets should be transferred to beneficiaries and heirs when you're gone or after sudden incapacitation. Here are some reasons why estate planning is important:

It helps protect your assets and property.
It allows you to name your personal representative or trustee.
It helps you make adequate provisions for your surviving family members.
It affords you complete control regarding who inherits certain assets.
It helps you protect minor children.
It helps beneficiaries and heirs avoid or reduce estate, inheritance, and gift taxes.
It helps reduce the amount of taxes on your estate.
It helps mitigate disputes or conflicts between family members over asset distribution.
It protects your assets and property from creditors and frivolous lawsuits.
It helps your estate and loved ones avoid the costly and lengthy probate process.
It protects you from dying “intestate” (without a will).

A knowledgeable attorney can enlighten you about how estate planning works in New York State and some important terms you should know.

Important Terms to Know

Knowing the terms used in estate planning is important to understand the process. Here are some common terms used in New York State estate planning matters:

Estate: The total amount of assets, property, liabilities, and debts accrued by an individual at the time of their death.
Decedent: A person who has died – a deceased person.
Probate: Probate is a court-supervised process required to determine the validity of a will and to settle the deceased person's final affairs. It involves gathering and evaluating assets and property, paying taxes and debts, and transferring remaining assets to rightful beneficiaries.
Intestate: The situation whereby a person dies without a valid will. Thus, the deceased person’s estate will be distributed to heirs in accordance with New York State's intestate succession laws.
Trust: A trust is a fiduciary relationship whereby a person (trustor or grantor) appoints another person (trustee or successor trustee) to manage and distribute assets placed in the trust to beneficiaries upon their death or sudden incapacitation.
Will: A legal document containing comprehensive instructions about a person's (testator) legal and financial wishes and how their estate should be administered or how assets should be distributed to inheritors after their death.
Beneficiary: A person who receives benefits of property from an estate, trust, will, or other legal contracts.
Executor: A person named in a will – or appointed by the probate court – to administer the decedent's estate in accordance with the terms of the will.
Advance Healthcare Directive: An advance directive is a legal document that allows you (the principal) to make decisions about your preferred medical care, procedures, and treatments in advance if you become critically ill, disabled, incapacitated, or otherwise unable to make such medical decisions by yourself.
Powers of Attorney: A power of attorney is a legal document that gives a person (the attorney-in-fact or agent) the duty and power to act on behalf of someone else (the principal) in financial, healthcare, property, tax, and legal matters.
Guardianship: Guardianship is a legal relationship created by state law, whereby a court grants a person (legal guardian) the legal right, duty, and power to make decisions for another person. The legal guardian can make crucial decisions about the health and well-being of the minor child or incapacitated adult.
Conservatorship: A conservatorship is a legal arrangement whereby a court appoints a responsible person (conservator) to help manage the property and financial affairs of a minor child or incapacitated adult. In New York, a conservatorship is similar to guardianship, but conservatorship only deals with financial matters.

Get the Skilled Legal Representation You Need

Planning for an uncertain future can never be too early. Should you become disabled, incapacitated, severely ill, unavailable, or otherwise unable to voice your opinion, your surviving loved ones can benefit and achieve peace of mind from knowing your exact wishes. A highly-skilled estate planning attorney can explore your various legal options and help you make intelligent decisions.

At Lawrence M. Gordon, Attorney at Law, PC, I have the experience, knowledge, and diligence to guide and advise individuals, families, and fiduciaries in the legal matters of estate planning. As your attorney, I can help you understand how the estate planning process works and determine the right estate plan that best suits your unique needs.

Additionally, I can help draft important estate planning documents, including wills, trusts, power of attorney, and advanced directives. I will craft a strategic plan to protect your assets, property, investments, and interests. Also, I will work diligently to address your needs and concerns and help you achieve your goals of transferring your assets and property to your surviving loved ones.

Establishing a detailed estate plan can help protect your assets and prepare for life's uncertainties. Contact my firm – Lawrence M. Gordon, Attorney at Law, PC – today to schedule a simple consultation with a knowledgeable estate planning lawyer. My firm is proud to serve clients across Long Island, Bellmore, Suffolk County, and Nassau County, New York.

New York Alcoholic Beverage Control (ABC) Law Violations

Tue, 01 Feb 2022 14:03:54 GMT

Like every state, New York regulates the liquor industry from manufacture to distribution to retail sales. Retail operations, selling on-site or off-site, must meet several qualifications for obtaining a license to sell. They must post a bond that can be forfeited if there are any violations.

Retail establishments are investigated and policed by the State Liquor Authority (SLA). If any violation is found and proved, their liquor license can face suspension, revocation, or cancellation, and in some cases, criminal charges are levied.

It is hard enough to obtain a liquor license in the state, so protecting your business from violations should be a top priority. The SLA is known to employ under-aged agents to go to establishments, whether bars, restaurants, or liquor stores, and try to obtain liquor illegally. If you are not living up to the law, you could be ensnared.

If you face a disciplinary proceeding for any violation of liquor laws, or if you want to know your rights and obligations as a liquor licensee, contact Lawrence M. Gordon, Attorney at Law, PC.

For more than four decades, I have been helping individuals and businesses throughout Long Island and the Five Boroughs of New York City obtain liquor licenses and comply with New York's Alcoholic Beverage Control Law. I proudly serve clients in Long Island, Bellmore, Nassau County, and Suffolk County, New York.

New York’s Alcoholic Beverage Control Law

Established in 1934, right after the end of Prohibition, New York’s Alcoholic Beverage Control Law (ABC Law) sought to control the manufacture, sale, and distribution of alcoholic beverages for "the purpose of fostering and promoting temperance in their consumption and respect for and obedience to law.”

In 2015, the law was amended to consider “to the extent possible, supporting economic growth, job development, and the state's alcoholic beverage production industries and its tourism and recreation industry; and which promotes the conservation and enhancement of state agricultural lands; provided that such activities do not conflict with the primary regulatory objectives of the [ABC Law].”

The law prohibits local authorities from attempting to regulate liquor manufacture or sale.

Potential Retailer Violations

The State Liquor Authority (SLA) lists eight potential violations of the ABC Law on its website, and topping the list is sale to minors. The eight violations are:

SALE TO MINORS: The SLA, as noted, not only uses under-aged agents to attempt to purchase liquor from a licensee, but it also employs investigators who monitor retail establishments for violations. The SLA website specifically notes that the only valid proofs of ID are a valid state driver’s license from New York, another state, or Canada; a non-driver ID card issued by the New York Department of Motor Vehicles; a U.S. military ID; and a valid passport or visa from the U.S. government or from another country.

DISORDERLY PREMISES: An on-premises licensee must not allow their establishment to become disorderly, which the SLA says includes fights, disturbances, the use or sale of controlled substances, prostitution, lewd and indecent conduct, and excessive noise.

INTOXICATED PATRONS: This applies to both on-premises and off-premises licensees. You are not allowed to sell, deliver or give away alcoholic beverages to someone who is visibly intoxicated.

UNLIMITED DRINK SPECIALS: You cannot sell, serve, deliver or offer unlimited drinks during any set time for a fixed price. Free drinks are outlawed, private functions such as weddings and receptions are exempt.

AVAILING: When you obtain your license, it is issued to you and your other applicants. Availing means to transfer ownership or a financial/controlling interest to someone not on the license, even if the original licensee is a corporation or LLC.

GAMBLING: Gambling is prohibited in any form on both on-premises and off-premises establishments, whether the gambling is professional or social. Exceptions exist for authorized lottery sales.

EXTENSION OF PREMISES: When you submit your application, you are also required to submit a description and diagram of the premises. If you expand the premises, that area is considered unlicensed, and sales cannot occur there.

FAILURE TO CONFORM: You must adhere to all state and local laws and regulations concerning the operation of your business, including health, fire, and building codes. Failure to conform to these is a violation.

Penalties Associated with Violations

If you are suspected of a violation, you may receive a letter of warning or a letter of advice, which notifies you that you have violated your license; there will not be a disciplinary proceeding.

Otherwise, you may receive a Notice of Pleading, to which you can plead not guilty, no contest, or conditional no contest. A guilty plea will lead to a civil hearing before a judge. A no-contest plea allows you to make a statement and argue for a lesser penalty. A conditional no contest allows you to admit guilt on the condition that penalties do not exceed certain charges or punishments.

The penalties that can be imposed are:

SUSPENSION: Your liquor license will be suspended for a certain number of days, during which you can neither buy nor sell alcoholic beverages:

CANCELLATION: Your license will be taken away, but you are permitted to reapply.

REVOCATION: Your license is taken away, and the location involved is barred from selling alcoholic beverages for two years.

CIVIL FINE: You could face a civil fine for each violation, which sometimes can exceed $10,000.

BOND CLAIM: The $1,000 penal bond you submitted with your application might be forfeited.

Note that criminal charges may also result.

How Legal Counsel Can Help

The best way to avoid being caught up in a violation is to adhere to your obligations as a licensee and ensure your employees follow the same rules. If you face a Notice of Pleading, you should seek legal representation from an attorney experienced in these matters.

With my four decades-plus of dealing with the ABC Law, liquor licenses, and the SLA, contact me at Lawrence M. Gordon, Attorney at Law, PC, immediately if you are facing a violation in Long Island, Bellmore, Nassau County, or Suffolk County, New York.

What to Know About Selling CBD Products in New York

Sun, 23 Jan 2022 14:07:47 GMT

Since the federal Farm Bill was enacted in 2018, the sale of products made from hemp has been legal in the United States, and in early 2021, New York issued regulations governing cannabidiol (CBD) products. CBD is one of many identified cannabinoids, which are naturally occurring compounds found in cannabis plants.

Under both the Farm Bill and New York regulations, the sale of CBD products is permitted so long as those products contain no more than 0.3 percent of THC, or delta-9-tetrahydrocannabinol, the high-inducing cannabinoid in cannabis.

CBD products are known to have some medical benefits and are sold in various forms such as oils, gummies, pills, capsules, and topicals. In New York, CBD is allowed in food and beverages but not in combination with alcohol or tobacco. It can also be vaped.

If you wish to enter the growing CBD market in New York State, contact Lawrence M. Gordon, Attorney at Law, PC. I have long helped clients seeking entry into the liquor industry, and I have now expanded to include the marijuana and CBD markets. My firm proudly serves clients in Long Island and the surrounding areas of Bellmore, Nassau County, and Suffolk County, New York.

CBD Licensing in New York State

The state’s Office of Cannabis Management is accepting licenses for retail and distributor CBD operations. A Cannabinoid Hemp Retail License costs $300 per year per location. A Cannabinoid Hemp Distributor Permit likewise costs $300 and must be renewed each year.

Along with the fee and application, you must provide:

A summary and description of the type of cannabinoid hemp product(s) you intend to sell (e.g. tincture, food, vape, topicals)
Source(s) of the cannabinoid hemp products from whom you intend to purchase, which includes the name and contact information of any manufacturer or distributor
Proof from the Department of Taxation and Finance that you are registered to collect sales tax in New York State (applicants will upload a copy of their Certificate of Authority for each applicable retail location)
An attestation that you will comply with the rules and regulations of the New York State Cannabinoid Hemp Program

CBD Regulations

Effective in early 2021, the state’s hemp product/CBD regulations declared that:

No CBD product can contain more than 0.3 percent of THC.
No individual food or beverage product can contain more than 25 milligrams of hemp-extracted cannabinoids per serving. (In supplements, such as salves or tinctures, the product can contain up to 3,000 milligrams).
Food and drink products infused with CBD and other hemp extracts must be packaged by the manufacturer. They cannot be added later; for instance, a bakery cannot add CBD to its brownies.
CBD-infused products can’t be advertised or labeled as curing any specific diseases or ailments.

FDA Regulation and the Uses of CBD

The Farm Bill authorized the Food and Drug Administration (FDA) to regulate the manufacture of hemp products. It has actually licensed one such product as a prescription medicine, Epidiolex, which is used to treat epilepsy.

In addition to its use as an antiseizure medication, CBD is also said to be effective for anxiety, pain, arthritis, PTSD, a muscle disorder called dystonia, Parkinson’s disease, Crohn’s disease, and many other conditions. A handful of studies has also indicated CBD is useful for inducing and maintaining sleep. However, the FDA is wary of many of these claims.

Since 2018 and the legalization of CBD products, the FDA says it has issued several warning letters to companies that were:

“…marketing unapproved new drugs claiming to contain CBD, including for uses such as treating cancer or Alzheimer’s disease. These products were not approved by the FDA for the diagnosis, cure, mitigation, treatment, or prevention of any disease. Consumers should beware of purchasing and using any such products. The FDA also tested the chemical content of cannabinoid compounds in some of the products, and many were found not to contain the levels of CBD they claimed to contain.”

Types of CBD Products

There are three types of CBD products, known as full-spectrum, broad-spectrum, and isolates. Full-spectrum means the CBD was manufactured from all parts of the hemp plant. Full-spectrum CBD is said to produce what is called the entourage effect, where the mixture of cannabinoids and terpenes work together to produce a more pleasant experience. Broad-spectrum production includes many parts of the hemp plant, but the result is only trace amounts of THC. Isolates contain only the CBD found in the plant.

How Legal Counsel Can Help

The CBD marketplace is currently wide open for retailers and distributors, but it’s not necessarily a slam dunk to get a license just by submitting your application and fee. You also must show that you are going to adhere to the licensing requirements and other CBD regulations.

I am currently helping entrepreneurs enter the burgeoning cannabis industry, and I will be happy to help anyone looking for opportunities in the CBD marketplace specifically. Contact me today at my office, Lawrence M. Gordon, Attorney at Law, PC.

I proudly serve clients in Long Island and the surrounding areas of Bellmore, Nassau County, and Suffolk County, New York. Call today to set up an initial consultation.

The Impact of Marijuana Law on the Workplace

Sun, 05 Dec 2021 14:11:18 GMT

New York is among the states where marijuana has been legalized for recreational use. However, different employment laws are being issued to address the possession and use of marijuana in the workplace environment. Recently, the New York State Department of Labor enacted certain laws and guidance which address topics and questions relating to when employers can conduct drug testing, make employment decisions based on drug test results, prohibit marijuana use, or take disciplinary actions based on the use of marijuana.

Here at my firm, Lawrence M. Gordon, Attorney at Law, PC, I'm committed to offering knowledgeable legal guidance and reliable advocacy to employers regarding marijuana laws and other related matters. As an experienced New York State marijuana attorney, I can enlighten you about how the state's marijuana laws affect your workplace, drug testing, drug policies, and discrimination based on marijuana use. My firm is proud to serve clients across Long Island, Bellmore, Suffolk County, and Nassau County, New York.

Discrimination Based on Marijuana Use

Under the Marijuana Regulation and Taxation Act (MRTA), employers are prohibited from terminating, refusing to hire, employ, or license, or otherwise discriminating against an employee based on their legal use of cannabis outside of the workplace, outside of work hours, and without the use of the employer's equipment or property.

According to Section 201-D of the New York Labor Law, employers may prohibit the use of cannabis during "work hours," which include:

Paid and unpaid breaks and meal periods that the employee is expected to be engaged in work
Any time that the employee is on-call
Any time the employee is actually engaged in work

However, employers are not prohibited from taking disciplinary action against any employee who uses cannabis during work hours or on the employer's property. A skilled attorney can educate you about the laws guiding the use of cannabis during work hours and other workplace policies addressing marijuana use.

Use of Marijuana During Work Hours

Workplace Policies

Here are some workplace policies addressing the use of cannabis:

Employers cannot prohibit the use of cannabis outside of the workplace unless they are allowed to do so under Section 201-D of the New York Labor Law.
Employers may not require employees to waive their rights to use cannabis as a condition of hire or continued employment.
Should there be any existing workplace policies that prohibit the use of cannabis outside of the workplace, employers are encouraged to update or amend such policies to reflect new changes to New York State marijuana laws.

A knowledgeable attorney can enlighten you about workplace policies addressing marijuana use as well as when you can and cannot conduct drug testing.

Drug Testing

Here are some laws addressing drug testing at the workplace:

Unless permitted to do so pursuant to the provisions of Section 201-D of the New York Labor Law or any other applicable laws, an employer is prohibited from testing for cannabis.
An employer can request an employee for a drug test only if federal or state law requires drug testing or makes it a compulsory requirement for such positions. For instance, drug testing is mandatory for commercial drivers.

An experienced marijuana attorney can enlighten you about your rights regarding drug testing and make sure you do not violate employees' rights or labor laws.

Work With a Trusted Marijuana Law Attorney

New York marijuana laws are constantly changing. New employment laws are being enacted to address the use and possession of marijuana at the workplace. Understanding these workplace marijuana laws is crucial to avoid discrimination or improper drug testing and ensure that you do not violate employees' rights regarding marijuana use. A skilled marijuana attorney can educate you about everything you need to know about how New York's marijuana laws affect your place of business.

At Lawrence M. Gordon, Attorney at Law, PC, I have the experience and resources to advise and guide employers and business owners in complex marijuana matters. As your legal counsel, I can enlighten you about the employment laws and regulations addressing the possession and use of marijuana at the workplace. Using my in-depth understanding of New York marijuana laws and workplace marijuana laws, I will craft an effective strategy to help protect your business and employees and remain competitive in both your industry and the global economy.

Contact my firm – Lawrence M. Gordon, Attorney at Law, PC – today to schedule a simple consultation with a skilled marijuana attorney. I can offer you the experienced legal counsel and reliable advocacy you need. My firm proudly serves clients across Long Island, Bellmore, Suffolk County, and Nassau County, New York, as well as the Five Boroughs of New York City.

Cannabis Distribution License in New York

Mon, 08 Nov 2021 14:14:58 GMT

In March of 2021, New York State passed the Marijuana Revenue and Taxation Act (MRTA), legalizing not only the recreational adult use of cannabis but also the cultivation, processing, distribution, and retail sales of the product.

Authority to govern and regulate the new industry was assigned to a newly created Cannabis Control Board and an Office of Cannabis Management, collectively referred to as the OCM. Governor Kathy Hochul recently appointed, and the Senate confirmed, members of both the Board and the OCM.

The governing agencies now need to develop regulations concerning the implementation of the MRTA, hire and train staff, and begin accepting applications for the various operational phases of the burgeoning industry.

If you’re seeking entry into the new statewide cannabis industry as a distributor or other licensee, and you’re in Long Island, Bellmore, Nassau County, or Suffolk County, contact Lawrence M. Gordon, Attorney at Law, PC. For decades, I have been helping those involved in the state’s liquor industry, and I am now turning my full attention to the newly emerging cannabis industry.

Licensing Considerations for Adult-Use Cannabis Operators

The MRTA established social equity provisions for those seeking to enter the new industry. The legislation requires the Board and OCM to give priority to applicants who have been disproportionately impacted by the previous criminalization of cannabis. It also prioritizes minority and women applicants, distressed farmers, and service-disabled veterans.

For the consumer, the focal point in states where recreational use has been legalized is generally the retail dispensary. In New York, however, the list of licenses available goes well beyond just retail sales and includes everything from cultivation and storage to distribution and sales, even on-site consumption facilities.

In addition to distribution rights, the state will grant licenses for all phases of the marijuana industry, with limitations on who can apply and how many licenses any one person or group may obtain. According to the latest data released, the OCM will issue licenses for and regulate the following operations and establishments:

ADULT-USE CULTIVATOR: The rule is one license per person. A cultivator may also apply for and receive a distributor license, but cannot own or have any interest in a retail operation. Cultivation is described as the “growing, cloning, harvesting, drying, curing, grading, and trimming of cannabis plants.”

ADULT-USE NURSERY: Again, the rule is one license per person. A nursery is allowed to produce, distribute, and sell to cultivators and others marijuana clones, immature plants, seeds, and other products used for cultivation.

ADULT-USE PROCESSOR: A processor takes cannabis and manufactures concentrated cannabis or cannabis products. One license per person is allowed, but the processor can also own a distribution license for their own products. No retail sales interest is allowed.

ADULT-USE DISTRIBUTOR: The one-person rule again applies to distributors, who will be allowed no interest in the retail tier. A distributor’s license allows the acquisition, possession, distribution, and sale of marijuana to duly licensed retail dispensaries, on-site consumption facilities, and adult-use delivery licensees.

ADULT-USE COOPERATIVE: A cooperative that is “democratically controlled” by its members can obtain a license: “A cooperative license authorizes the acquisition, possession, cultivation, processing, and sale from the licensed premises of the adult-use cooperative by such licensee to duly licensed distributors, on-site consumption sites, registered organization and/or retail dispensaries; but not directly to cannabis consumers.”

ADULT-USE MICROBUSINESS: Like a microbrewery, a cannabis microbusiness can cultivate, process, distribute, and retail cannabis. No micro business can have any interest in any other adult-use license type.

ADULT-USE RETAIL DISPENSARY: Up to three licenses per person are available, but they may not have any interest in the cultivation, processing, or distribution of the product.

ADULT-USE ON-SITE CONSUMPTION: The same rules apply here as they do for owners of dispensaries. On-site consumption is similar to a hookah lounge or even a tavern. Consumers can come and consume the product on-site.

ADULT-USE DELIVERY: Only one license per person is allowed, and they are barred from any other type of adult-use license. The delivery service may employ up to 25 full-time delivery persons to supply the product to off-site consumers.

REGISTERED ORGANIZATION ADULT-USE CULTIVATOR, PROCESSOR, DISTRIBUTOR, RETAIL DISPENSARY: The Cannabis Control Board still has to weigh in on how exactly this will be administered, but this type of license allows a “registered organization” to combine the cultivation, processing, distribution, and retail sales aspects of the marijuana business. A registered organization may not have an interest in any other adult-use license type.

REGISTERED ORGANIZATION ADULT-USE CULTIVATOR, PROCESSOR, DISTRIBUTOR: Similar to the above license type, this license includes everything except the retail sales side of the cannabis industry. It faces the same restriction as not being able to own or have an interest in any other type of license.

Adult-Use License Types

Obtaining a License

Under the MRTA, counties have until December 31, 2021, to opt out of retail marijuana sales and social consumption. Until that happens, anyone considering an application for distribution or any other aspect of the marijuana industry may have to wait to secure a location.

So far, no details on how or when to apply for a cannabis license have been issued by the OCM, whose board members were just recently appointed. In the meantime, the information provided above allows you to view restrictions on the types and number of licenses available to any individual or group.

If you wish to become a cannabis distributor, you will be restricted to one license and also may have no interest in the retail sales side of the business. You may also want to consider the other types of licenses available, which may suit your background and match your resources better.

Whatever the case is, I have more than four decades of experience in business licensing and transactions and will be happy to help you as you enter the newly created legal cannabis industry in New York. I proudly serve clients in Long Island, New York, and in Bellmore or the counties of Suffolk and Nassau.

Getting the Legal Guidance You Need

Opening a Marijuana Dispensary in New York

Thu, 07 Oct 2021 14:19:19 GMT

Many states, including New York, have legalized the use of marijuana for medical and recreational purposes. According to data from Statista, there were over 7,000 dispensaries in the United States as of end-2020, with about 35 dispensaries in New York State. While New York permits retail sales of cannabis, there are certain laws and regulations addressing operating a dispensary. Therefore, if you’re interested in opening a marijuana dispensary in the Empire State, consulting with an experienced New York State marijuana industry attorney is crucial for proper guidance.

With almost five decades of extensive legal experience, I have the knowledge and resources to assist and guide clients in recreational marijuana industry-related matters, including operating a cannabis dispensary. I’m available to discuss your unique situation and help you understand the laws and regulations addressing opening a marijuana dispensary in New York State. My firm is proud to serve clients in Long Island and surrounding communities throughout the Five Boroughs of New York City.

Marijuana Regulation and Taxation Act (MRTA)

On Wednesday, March 31st, 2021, New York became the 15th state to legalize the retail sale and possession of marijuana for recreational use through the Marijuana Regulation & Taxation Act (MRTA). Here are some important provisions of the Act:

A person older than 21 years can possess up to three ounces of cannabis and 24 grams of cannabis concentrate.
Only a maximum of 12 plants can be grown per household with more than one adult.
Police are prohibited from using cannabis odor to justify searches.
The sale of hemp flowers in the cannabinoid hemp program is permitted.
The sale of smokable hemp is permitted once adult-use retail stores become operational.
Retail sales of cannabis are likely to commence by 2022.
Vertical integration – the control of the full supply chain, such as a business growing, manufacturing, and operating a retail store – will be prohibited. Although, vertical integration will be permitted for existing medical cannabis businesses.

The Office of Cannabis Management (OCM) will issue licenses to producers and dispensaries and develop laws and regulations regarding how and when a business can participate in the new marijuana industry.

Licensing Requirements

Additionally, the Office of Cannabis Management (OCM) is responsible for regulating the adult-use cannabis market in New York State. The licensing process involves submitting an application that includes the following information or documents:

Information about your business
Information about manufacturing and sales operations
Detailed financial statements
Safety and inventory control plans
Location and lease information
Criminal background checks of both the owner and their employees
Marijuana surety bonds
License and application fees

More information will be available on the licensing requirements, application fees, and registration costs once the Cannabis Control Board has been appointed.

Furthermore, there is limited information available regarding the cost of an adult-use marijuana license in New York. Using the New York Medical Marijuana application cost as a frame of reference, applicants may be required to submit the following fees:

Non-refundable application fee of $10,000
A registration fee of $200,000 (refunded only if your application is denied)

An experienced attorney can enlighten you about your financing options and determine whether you may qualify for licensing through social equity.

Application Fees & Cost of Registration

Social Equity

Additionally, the law specifies that 50% of licenses will be issued to “social equity applicants.” These include:

Individuals from communities disproportionately impacted by marijuana law enforcement
Women-owned businesses
Minorities
Service-disabled veterans
Distressed New York farmers

A knowledgeable attorney can determine whether you qualify for licensing through social equity and help you overcome other challenges you may encounter when starting your marijuana business.

Challenges Your Attorney Can Help Overcome

There are certain challenges you may encounter when starting your cannabis dispensary.

Supply Chain Limitations

If you are starting a marijuana dispensary, you must be prepared to handle the supply chain limitations of the cannabis industry. Existing regulations prohibit the transportation of marijuana across state lines. Moreover, there are other regulations pertaining to cultivation, product testing, manufacturing, and taxation.

Counties That Opt-Out

The Marijuana Regulation & Taxation Act allows towns, cities, and villages to opt-out of permitting the sale or on-site use of marijuana in retail dispensaries. If a locality in which you plan to set up your business bans adult-use dispensaries, your attorney can determine how to work around the opt-out.

Start-Up Costs

You need money to start a cannabis dispensary. For most potential business owners, capital and running costs can be a significant issue. An attorney can help raise the needed capital or get investors to fund your cannabis business.

Starting a cannabis business or marijuana dispensary involves several challenges. An experienced marijuana attorney can help explore your legal options and determine how best to overcome these challenges.

Let Me Help Protect Your Investment

Opening a marijuana dispensary in New York State involves several complicated procedures. Understanding the laws and regulations, having the required documentation, and meeting the requirements of the licensing board is crucial to ensure that your application is approved. A skilled marijuana attorney can evaluate your needs and enlighten you about everything you need to build a successful marijuana business.

At Lawrence M. Gordon, Attorney at Law, PC, I am committed to providing comprehensive legal guidance and strong advocacy to clients in complex business transactions. As your legal counsel, I can evaluate your unique situation, explore your possible legal options, and educate you about the laws and regulations addressing operating a marijuana dispensary. Using my comprehensive legal understanding and personalized services, I can guide you through every step involved in your application and ensure that everything is in order.

Contact my firm – Lawrence M. Gordon, Attorney at Law, PC – today to schedule a one-on-one consultation with an experienced marijuana industry attorney. I can offer you the detailed legal counsel, support, and brilliant advocacy you need to navigate important decisions. My firm is proud to serve clients across Long Island, Bellmore, Nassau County, Suffolk County, New York, as well as the Five Boroughs of New York City.

New York’s Recreational Marijuana Law

Tue, 14 Sep 2021 14:23:10 GMT

Recreational marijuana sales, which all started in 2012 in the pioneering states of Colorado and Washington, reached $12.75 billion in 2019 and jumped to $18.93 billion in 2020.

Sales are expected to top $42 billion by 2026, according to data compiled and analyzed by the website statista.com. Nineteen states, the District of Columbia, and the territory of Guam have now legalized recreational cannabis consumption.

New York state joined the group in March 2021, and now allows adults 21 and older to possess up to three ounces of cannabis for recreational use, or up to 24 grams of concentrated cannabis contained in oil and other derivatives. The legislation throws open the gates to what has been estimated to be a $4.2 billion statewide industry.

If you’re looking to get into the burgeoning recreational cannabis industry in New York, or just want to know how to exercise your rights, contact Lawrence M. Gordon, Attorney at Law, PC.

I have long served clients entering the liquor industry, and I am now tracking legal developments in the recreational marijuana industry. My firm proudly serves clients in Long Island, and the surrounding areas of Bellmore, Nassau County, and Suffolk County, New York.

Recreational Use Under the New Law

Though the law allows New Yorkers to smoke and consume cannabis and its derivative products, it is still not legal to sell the stuff. If you buy three ounces or less, you won’t be arrested or prosecuted, but the seller could if they’re not a medical marijuana dispensary. Rules and regulations for recreational dispensaries aren’t expected before 2022, perhaps late in the year.

If you want to purchase cannabis now, the best route is to get a medical marijuana prescription from your doctor. The new law expands the list of illnesses and conditions that qualify for medical marijuana. Previously, you had to be suffering from cancer, chronic pain, or HIV/AIDS to get a prescription, but now anxiety, insomnia, muscular dystrophy, and Alzheimer’s also allow you to purchase medical marijuana. You can now also purchase up to a two months’ supply instead of just one month.

The new law will allow medical dispensaries to offer a wider array of products including whole flower (the dried bud of a marijuana plant) and more types of edibles. This offers consumers a lower-cost option since the smokeable flower is much cheaper than processed products, which can cost anywhere between $80 and $350.

You can also grow your own marijuana plants but you will need a medical marijuana prescription. You can grow up to six marijuana plants, three mature and three seedlings, or up to 12 plants if you live with another adult, beginning six months after passage of the new law. If you lack medical marijuana authorization, you must wait 18 months after the first public dispensary opens before you can grow the plants.

Where you can smoke is another issue. Generally, wherever smoking is permitted under New York’s Clean Indoor Air Act, you can also consume cannabis. Big exclusions apply, however. Workplaces, restaurants, bars, subways, ferries, and schools are off-limits. So is your rental if your landlord says no to your use. The penalty for smoking in off-limits places is a $25 ticket or 20 hours of community service.

Marijuana lounges are also envisioned under the new law. Consumption may also be allowed at retail dispensaries (once they open) if the proper licenses are obtained.

Driving under the influence of marijuana is still criminalized, though no one test has been approved or designated for testing if a driver is under the influence of cannabis. The problem is that, even after the high has worn off, cannabis can still be detected in your system. The Health Department is charged with looking into devices that test saliva levels to detect cannabis intoxication.

While the feds will usually turn a blind eye to state-authorized recreational use, if you go out of state to purchase your weed and transport it back across state lines, you can be charged under federal law. You could face a fine of up to $250,000 and five years in prison, depending on the amount you bring back.

Marijuana is still listed along with heroin on Schedule I of the federal Controlled Substances Act (CSA). Thus, the manufacture, distribution, and sales of cannabis products can come under the jurisdiction of the Drug Enforcement Agency (DEA) and even the FBI. If you possess cannabis on federal property – a courthouse, a park, a monument – you will fall under federal jurisdiction despite New York’s more lenient law.

Conflicts Between State and Federal Law

Getting into the Cannabis Business

For now, the law mostly allows consumption of cannabis, but has not yet fully addressed the manufacture, distribution, and sale of the product. A state office of Cannabis Management and Cannabis Control Board is charged with drafting regulations governing the new industry.

The law is so written as to prevent out-of-state businesses from coming in and dominating the new market. It also contains provisions to award licenses based on “social equity,” that is, favoring women, minorities, disabled veterans, and distressed farmers.

Medical marijuana dispensaries appear to be the first in line to open their sales to the public. Others wishing to enter the industry will have to wait for regulations to be finalized. Meanwhile, localities have until the end of 2021 to opt out of allowing cannabis dispensaries to operate in their communities.

The regulations are also expected to cover delivery businesses, so you can order cannabis and have it brought to your residence.

Working with an Experienced Marijuana Industry Attorney

Whether you’re looking to enter the marijuana industry, or just want to know your rights as a consumer, landlord, or employer, you can rely on the experience and knowledge of Lawrence M. Gordon, Attorney at Law.

I have helped countless others navigate New York’s liquor laws, and I am now turning my full attention to the emerging cannabis industry and its laws and regulations.

If you’re in Long Island or the surrounding communities of Bellmore, Nassau County, and Suffolk County, contact me today at Lawrence M. Gordon, Attorney at Law, PC.