As the state marks four years since the legalization of recreational marijuana, a vacancy to lead the state Office of Cannabis Management remains unfilled after a season of chaos — and it’s unclear when that will change.

The Marijuana Regulation and Taxation Act legalized cannabis for New York adults ages 21 and older in 2021. The department has weathered multiple lawsuits and industry shakeups to open its 335 legal cannabis shops netting over $1.2 billion in sales, but continues to lack an official executive director. 

A spokesperson with Gov. Kathy Hochul’s office said the governor has been pleased with Reid’s performance and will announce her next nomination to lead the agency when the time is right.

“Since Gov. Hochul appointed Felicia A. B. Reid as acting director of the Office of Cannabis Management, New York’s nation-leading cannabis market has thrived,” Hochul’s spokesperson Kassie White said in a statement. “The results speak for themselves: Under Acting Director Reid’s leadership, OCM has licensed 832 new cannabis businesses, hired 60 new staff for the agency and spearheaded robust enforcement efforts that have resulted in the padlocking of 345 illicit cannabis businesses. It’s clear New York’s cannabis market is moving in the right direction, and Gov. Hochul will make additional announcements at the appropriate time.”

Reid told Spectrum News 1 on Monday that applied to be considered for the position, but said she has no knowledge of the executive’s ongoing search, or possible candidates. 

Senate Cannabis Subcommittee chair Jeremy Cooney would not say which candidates have made the governor’s shortlist, but said he’s encouraged by the names he’s heard.

“Ultimately, we don’t want to push the governor into any sort of decision,” the state senator said. “It’s her decision to make.”

Last spring, former OCM Executive Director Chris Alexander resigned after intense criticism of his leadership, which an investigation found created licensing issues. 

Reid has simultaneously served as the department’s acting executive director and deputy executive director for the past nine months. 

“I’ve worked in state ops long enough to know that you kind of have to do it yourself a lot and make your team your team and make it work in the ways you know it needs to work — no one’s going to help you with that,” she said.

Any nominee must be approved by the state Senate after a hearing. Time is running out for a confirmation hearing or vote this year as legislative leaders focus on negotiating a late state budget and session ends June 12.

“We will review and make sure that this nominee is appropriate, and we’ll, again, carry out the wishes of the MRTA in the best way possible,” Cooney said. 

Reid said the department is close to hiring a new chief equity officer for OCM as required by law. The last resigned after an investigation into allegations he used targeted enforcement to retaliate against licensees who spoke out against the agency.

Reid expects the person to be appointed by the Cannabis Control Board later this spring.

“There’s some incredible people out there, but I think that we have found someone wonderful,” said Reid, adding the candidate, chosen from hundreds of applicants, has accepted an offer.

The director said that members of the Cannabis Control Board continue to analyze data to determine how many licenses New York’s marijuana industry can support over time. The board will work through thousands of applicants dating back to two queues from November and December 2023, but it’s unclear how quickly. 

“We are actively in conversation around some sort of conclusiveness, but again, that’s always at the board’s discretion,” Reid said Monday. “We’re hoping for a determination in the next few months or so.”

Reid said the state industry has plenty of room for more retail licenses, but less for new cultivators.

Gov. Hochul proposed $5 million in the budget to hire 29 more OCM staff to assist with enforcement, compliance, licensing and legal counsel — bringing the cap to 274 workers. The agency has 230 staffers to date.

State Sen. Cooney said the extra staff will help process a backlog of applications for OCM workers and licensees.

“I think early on there was some uncertainty in the industry, in the marketplace, because of some of those legal challenges, but I think we’ve also moved on from that,” the senator said.

Beyond the funding in the budget for OCM, the agency continues to fight Hochul’s budget proposal to allow police to use the smell of cannabis to order blood tests to determine if a driver was under the influence. The proposal, rejected by the Senate and Assembly, would undo a component of the original law that legalized the recreational cannabis industry.