0 chapters · 107 sections in this title.
N.Y. Cannabis Law § 33 Registration as a designated caregiver facility
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§ 33. Registration as a designated caregiver facility. 1. To obtain,\namend or renew a registration as a designated caregiver facility, the\nfacility shall file a registry application with the office. The registry\napplication or renewal application shall include:\n (a) the faci…
N.Y. Cannabis Law § 34 Registered organizations
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§ 34. Registered organizations. 1. A registered organization shall be\na for-profit business entity or not-for-profit corporation organized for\nthe purpose of acquiring, possessing, manufacturing, selling,\ndelivering, transporting, distributing or dispensing cannabis for\ncert…
N.Y. Cannabis Law § 35 Registering of registered organizations
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§ 35. Registering of registered organizations. 1. (a) An applicant for\nregistration as a registered organization under section thirty-four of\nthis article shall include such information prepared in such manner and\ndetail as the board may require, including but not limited to:…
N.Y. Cannabis Law § 36 Reports of registered organizations
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§ 36. Reports of registered organizations. 1. The board shall, by\nregulation, require each registered organization to file reports by the\nregistered organization during a particular period. The board shall\ndetermine the information to be reported and the forms, time, and mann…
N.Y. Cannabis Law § 37 Evaluation; research programs; report by board
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§ 37. Evaluation; research programs; report by board. 1. The board may\nprovide for the analysis and evaluation of the operation of this\narticle. The board may enter into agreements with one or more persons,\nnot-for-profit corporations or other organizations, for the performan…
N.Y. Cannabis Law § 38 Cannabis research license
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§ 38. Cannabis research license. 1. The board shall establish a\ncannabis research license that permits a licensee to produce, process,\npurchase and/or possess cannabis for the following limited research\npurposes:\n (a) to test chemical potency and composition levels;\n (b) to…
N.Y. Cannabis Law § 39 Registered organizations and adult-use cannabis
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§ 39. Registered organizations and adult-use cannabis. The board shall\nhave the authority to grant some or all of the registered organizations\nregistered with the department of health and currently registered and in\ngood standing with the office, the ability to obtain adult-u…
N.Y. Cannabis Law § 40 Relation to other laws
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§ 40. Relation to other laws. 1. The provisions of this article shall\napply, except that where a provision of this article conflicts with\nanother provision of this chapter, this article shall apply.\n 2. Medical cannabis shall not be deemed to be a "drug" for purposes of\narti…
N.Y. Cannabis Law § 41 Home cultivation of medical cannabis
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§ 41. Home cultivation of medical cannabis. 1. Certified patients\neighteen years of age or older may cultivate cannabis for personal\nmedical use. Designated caregivers eighteen years of age or older,\ncaring for certified patients either younger than eighteen years of age\nor …
N.Y. Cannabis Law § 42 Protections for the medical use of cannabis
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§ 42. Protections for the medical use of cannabis. 1. Certified\npatients, designated caregivers, designated caregiver facilities and\nemployees of designated caregiver facilities, practitioners, registered\norganizations and the employees of registered organizations, and\ncanna…
N.Y. Cannabis Law § 43 Regulations
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§ 43. Regulations. The board shall promulgate regulations to implement\nthis article. The cannabis advisory board may make recommendations to\nthe board.\n
N.Y. Cannabis Law § 44 Suspend; terminate
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§ 44. Suspend; terminate. Based upon the recommendation of the board,\nexecutive director and/or the superintendent of state police that there\nis a risk to the public health or safety, the governor may immediately\nsuspend or terminate all licenses issued to registered organiza…
N.Y. Cannabis Law § 45 Pricing
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§ 45. Pricing. Registered organizations shall submit documentation to\nthe executive director of any change in pricing per dose for any medical\ncannabis product within fifteen days of such change. Prior approval by\nthe executive director shall not be required for any such chan…
N.Y. Cannabis Law § 61 License application
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§ 61. License application. 1. Any person may apply to the board for a\nlicense to cultivate, process, distribute, deliver or dispense cannabis\nwithin this state for sale. Such application shall be in writing and\nverified and shall contain such information as the board shall re…
N.Y. Cannabis Law § 62 Information to be requested in applications for licenses
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§ 62. Information to be requested in applications for licenses. 1. The\nboard shall have the authority to prescribe the manner and form in which\nan application must be submitted to the office for licensure under this\narticle.\n 2. The board is authorized to adopt regulations, …
N.Y. Cannabis Law § 63 Fees
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§ 63. Fees. 1. The board shall have the authority to charge applicants\nfor licensure under this article a non-refundable application fee. Such\nfee may be based on the type of licensure sought, cultivation and/or\nproduction volume, or any other factors deemed reasonable and\na…
N.Y. Cannabis Law § 64 Selection criteria
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§ 64. Selection criteria. 1. The board shall develop regulations for\nuse by the office in determining whether or not an applicant should be\ngranted the privilege of an initial adult-use cannabis license, based\non, but not limited to, the following criteria:\n (a) the applican…
N.Y. Cannabis Law § 65 Limitations of licensure; duration
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§ 65. Limitations of licensure; duration. 1. No license of any kind\nmay be issued to a person under the age of twenty-one years, nor shall\nany licensee employ anyone under the age of eighteen years. Any employee\neighteen years of age or older but under twenty-one years of age…
N.Y. Cannabis Law § 66 License renewal
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§ 66. License renewal. 1. Each license, issued pursuant to this\narticle, may be renewed upon application therefore by the licensee and\nthe payment of the fee for such license as prescribed by this article.\nIn the case of applications for renewals, the board may dispense with\…
N.Y. Cannabis Law § 67 Amendments; changes in ownership and organizational structure
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§ 67. Amendments; changes in ownership and organizational structure.\n1. Licenses issued pursuant to this article shall specify:\n (a) the name and address of the licensee;\n (b) the activities permitted by the license;\n (c) the land, buildings and facilities that may be used f…
N.Y. Cannabis Law § 68 Adult-use cultivator license
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§ 68. Adult-use cultivator license. 1. An adult-use cultivator's\nlicense shall authorize the acquisition, possession, distribution,\ncultivation and sale of cannabis from the licensed premises of the\nadult-use cultivator by such licensee to duly licensed processors in\nthis st…
N.Y. Cannabis Law § 68-A Registered organization adult-use cultivator processor distributor retail dispensary license
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§ 68-a. Registered organization adult-use cultivator processor\ndistributor retail dispensary license. 1. A registered organization\ncultivator processor distributor retail dispensary license shall have\nthe same authorization and conditions as adult-use cultivator, adult-use\np…
N.Y. Cannabis Law § 68-B Registered organization adult-use cultivator, processor and distributor license
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§ 68-b. Registered organization adult-use cultivator, processor and\ndistributor license. A registered organization cultivator, processor and\ndistributor license shall have the same authorization and conditions as\nan adult-use cultivator, processor, and distributor license, pr…
N.Y. Cannabis Law § 69 Adult-use processor license
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§ 69. Adult-use processor license. 1. A processor's license shall\nauthorize the acquisition, possession, processing and sale of cannabis\nfrom the licensed premises of the adult-use cultivator by such licensee\nto duly licensed processors or distributors. A person holding an\na…
N.Y. Cannabis Law § 7 Establishment of the cannabis control board or "board"
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§ 7. Establishment of the cannabis control board or "board". 1. The\ncannabis control board is hereby created and shall consist of a\nchairperson nominated by the governor and with the advice and consent of\nthe senate, with one vote, and four other voting board members as\nprov…
N.Y. Cannabis Law § 70 Adult-use cooperative license
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§ 70. Adult-use cooperative license. 1. A cooperative license shall\nauthorize the acquisition, possession, cultivation, processing,\ndistribution and sale from the licensed premises of the adult-use\ncooperative by such licensee to duly licensed distributors, on-site\nconsumpti…
N.Y. Cannabis Law § 71 Adult-use distributor license
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§ 71. Adult-use distributor license. 1. A distributor's license shall\nauthorize the acquisition, possession, distribution and sale of cannabis\nfrom the licensed premises of a licensed adult-use cultivator,\nprocessor, adult-use cooperative, microbusiness, or registered\norgani…
N.Y. Cannabis Law § 72 Adult-use retail dispensary license
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§ 72. Adult-use retail dispensary license. 1. A retail dispensary\nlicense shall authorize the acquisition, possession, sale and delivery\nof cannabis from the licensed premises of the retail dispensary by such\nlicensee to cannabis consumers.\n 2. No person may have a direct or…
N.Y. Cannabis Law § 73 Microbusiness license
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§ 73. Microbusiness license. 1. A microbusiness license shall\nauthorize the limited cultivation, processing, distribution, delivery,\nand dispensing of their own adult-use cannabis and cannabis products.\n 2. A microbusiness licensee may not hold any direct or indirect\ninteres…
N.Y. Cannabis Law § 74 Delivery license
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§ 74. Delivery license. A delivery license shall authorize the\ndelivery of cannabis and cannabis products by licensees independent of\nanother adult-use cannabis license, provided that each delivery licensee\nmay have a total of no more than twenty-five individuals, or the\nequ…
N.Y. Cannabis Law § 75 Nursery license
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§ 75. Nursery license. 1. A nursery license shall authorize the\nproduction, sale and distribution of clones, immature plants, seeds, and\nother agricultural products used specifically for the planting,\npropagation, and cultivation of cannabis by licensed adult-use\ncultivators…
N.Y. Cannabis Law § 76 Notification to municipalities of adult-use retail dispensary or on-site consumption license
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§ 76. Notification to municipalities of adult-use retail dispensary or\non-site consumption license. 1. Not less than thirty days nor more than\ntwo hundred seventy days before filing an application for licensure as\nan adult-use retail dispensary or registered organization adul…
N.Y. Cannabis Law § 77 Adult-use on-site consumption license; provisions governing on-site consumption licenses
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§ 77. Adult-use on-site consumption license; provisions governing\non-site consumption licenses. 1. No applicant shall be granted an\nadult-use on-site consumption license for any premises, unless the\napplicant shall be the owner thereof, or shall be in possession of said\nprem…
N.Y. Cannabis Law § 78 Record keeping and tracking
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§ 78. Record keeping and tracking. 1. The board shall, by regulation,\nrequire each licensee pursuant to this article to adopt and maintain\nsecurity, tracking, record keeping, record retention and surveillance\nsystems, relating to all cannabis at every stage of acquiring,\npos…
N.Y. Cannabis Law § 79 Inspections and ongoing requirements
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§ 79. Inspections and ongoing requirements. All licensed or permitted\npremises, regardless of the type of premises, and all records including\nbut not limited to financial statements and corporate documents, shall\nbe subject to inspection by the office, by the duly authorized\…
N.Y. Cannabis Law § 8 Establishment of an office of cannabis management
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§ 8. Establishment of an office of cannabis management. There is\nhereby established, within the division of alcoholic beverage control,\nan independent office of cannabis management, which shall have exclusive\njurisdiction to exercise the powers and duties provided by this cha…
N.Y. Cannabis Law § 80 Adult-use cultivators, processors or distributors not to be interested in retail dispensaries
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§ 80. Adult-use cultivators, processors or distributors not to be\ninterested in retail dispensaries. 1. It shall be unlawful for any\nperson authorized to cultivate, process, or distribute under this\narticle to:\n (a) be interested directly or indirectly in any premises where …
N.Y. Cannabis Law § 81 Packaging, labeling, and administration of adult-use cannabis products
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§ 81. Packaging, labeling, and administration of adult-use cannabis\nproducts. 1. The board is hereby authorized to promulgate rules and\nregulations governing the advertising, branding, marketing, packaging,\nlabeling and unconventional methods of administration or ingestion, o…
N.Y. Cannabis Law § 82 Laboratory testing
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§ 82. Laboratory testing. 1. Every processor of adult-use cannabis\nshall contract with an independent laboratory permitted pursuant to\nsection one hundred twenty-nine of this chapter, to test the cannabis\nproducts it produces pursuant to rules and regulations prescribed by th…
N.Y. Cannabis Law § 83 Provisions governing the cultivation and processing of adult-use cannabis
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§ 83. Provisions governing the cultivation and processing of adult-use\ncannabis. 1. Cultivation and processing of cannabis shall comply with\nregulations promulgated by the board governing minimum requirements for\nadult-use cultivators, nurseries, processors, microbusinesses,\…
N.Y. Cannabis Law § 84 Provisions governing the distribution of adult-use cannabis
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§ 84. Provisions governing the distribution of adult-use cannabis. 1.\nNo distributor shall sell, or agree to sell or deliver any cannabis\nproducts, as the case may be, in any container, except in a sealed\npackage. Such containers shall have affixed thereto such labels as may\…
N.Y. Cannabis Law § 85 Provisions governing adult-use cannabis retail dispensaries
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§ 85. Provisions governing adult-use cannabis retail dispensaries. 1.\nNo cannabis retail licensee shall sell, deliver, or give away or cause\nor permit or procure to be sold, delivered or given away any cannabis to\nany person, actually or apparently, under the age of twenty-on…
N.Y. Cannabis Law § 86 Adult-use cannabis advertising and marketing
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§ 86. Adult-use cannabis advertising and marketing. 1. The board shall\npromulgate rules and regulations governing the form and content of\nadvertising and marketing of licensed cannabis and any cannabis products\nor services.\n 2. The board shall promulgate regulations for adve…
N.Y. Cannabis Law § 87 Social and economic equity, minority and women-owned businesses, distressed farmers and service-disabled veterans; incubator program
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§ 87. Social and economic equity, minority and women-owned businesses,\ndistressed farmers and service-disabled veterans; incubator program. 1.\nThe board, in consultation with the chief equity officer and executive\ndirector, and after receiving public input shall create and im…
N.Y. Cannabis Law § 88 Data collection and reporting
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§ 88. Data collection and reporting. The board shall collect\ndemographic data on owners and employees in the adult-use cannabis\nindustry and shall annually publish such data in its annual report.\n
N.Y. Cannabis Law § 89 Regulations
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§ 89. Regulations. The board shall promulgate regulations with\nrecommendations from the state cannabis advisory board to implement this\narticle.\n
N.Y. Cannabis Law § 9 Executive director
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§ 9. Executive director. The office shall exercise its authority,\nother than powers and duties specifically granted to the board, by and\nthrough an executive director nominated by the governor and with the\nadvice and consent of the senate. The executive director shall serve f…
N.Y. Cannabis Law § 90 Definitions
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§ 90. Definitions. As used in this article, the following terms shall\nhave the following meanings, unless the context clearly requires\notherwise:\n 1. "Cannabinoid" means the phytocannabinoids found in hemp and does\nnot include synthetic cannabinoids as that term is defined i…
N.Y. Cannabis Law § 91 Rulemaking authority
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§ 91. Rulemaking authority. The board may make regulations pursuant to\nthis article for the processing, distribution, marketing, transportation\nand sale of cannabinoid hemp and hemp extracts used for human\nconsumption, which may include, but not be limited to:\n 1. Specifying…
N.Y. Cannabis Law § 92 Cannabinoid hemp processor license
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§ 92. Cannabinoid hemp processor license. 1. Persons processing\ncannabinoid hemp or hemp extract used for human consumption, whether in\nintermediate or final form, shall be required to obtain a cannabinoid\nhemp processor license from the board.\n 2. A cannabinoid hemp process…