On March 31, 2021, New York’s Gov. Andrew M. Cuomo signed the Marijuana Regulation and Taxation Act (the MRTA), which legalizes recreational marijuana for adults 21 and older. Media reports project the MRTA will create “a potential $4.2 billion industry” in New York, which “could become one of the nation’s largest markets.”
With the creation of this new market for legalized marijuana products, a new wave of consumer litigation is bound to follow—particularly in the areas of false advertising and products liability. But in terms of private-plaintiff suits, prospective sellers of marijuana products may take some solace in knowing that New York’s marijuana markets will be heavily regulated, and those regulations will take time to develop.
