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, amend or renew a registration as a designated caregiver facility, the facility shall file a registry application with the office. The registry application or renewal application shall include: (a) the facility'…
N.Y. Cannabis Law § 34 Registered organizations
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§ 34. Registered organizations. 1. A registered organization shall be a for-profit business entity or not-for-profit corporation organized for the purpose of acquiring, possessing, manufacturing, selling, delivering, transporting, distributing or dispensing cannabis for certifie…
N.Y. Cannabis Law § 35 Registering of registered organizations
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§ 35. Registering of registered organizations. 1. (a) An applicant for registration as a registered organization under section thirty-four of this article shall include such information prepared in such manner and detail as the board may require, including but not limited to: (i…
N.Y. Cannabis Law § 36 Reports of registered organizations
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§ 36. Reports of registered organizations. 1. The board shall, by regulation, require each registered organization to file reports by the registered organization during a particular period. The board shall determine the information to be reported and the forms, time, and manner …
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 provide for the analysis and evaluation of the operation of this article. The board may enter into agreements with one or more persons, not-for-profit corporations or other organizations, for the performance …
N.Y. Cannabis Law § 38 Cannabis research license
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§ 38. Cannabis research license. 1. The board shall establish a cannabis research license that permits a licensee to produce, process, purchase and/or possess cannabis for the following limited research purposes: (a) to test chemical potency and composition levels; (b) to conduc…
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 have the authority to grant some or all of the registered organizations registered with the department of health and currently registered and in good standing with the office, the ability to obtain adult-use …
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 apply, except that where a provision of this article conflicts with another provision of this chapter, this article shall apply. 2. Medical cannabis shall not be deemed to be a "drug" for purposes of article o…
N.Y. Cannabis Law § 41 Home cultivation of medical cannabis
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§ 41. Home cultivation of medical cannabis. 1. Certified patients eighteen years of age or older may cultivate cannabis for personal medical use. Designated caregivers eighteen years of age or older, caring for certified patients either younger than eighteen years of age or whos…
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 patients, designated caregivers, designated caregiver facilities and employees of designated caregiver facilities, practitioners, registered organizations and the employees of registered organizations, and cannabis …
N.Y. Cannabis Law § 43 Regulations
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§ 43. Regulations. The board shall promulgate regulations to implement this article. The cannabis advisory board may make recommendations to the board.
N.Y. Cannabis Law § 44 Suspend; terminate
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§ 44. Suspend; terminate. Based upon the recommendation of the board, executive director and/or the superintendent of state police that there is a risk to the public health or safety, the governor may immediately suspend or terminate all licenses issued to registered organizatio…
N.Y. Cannabis Law § 45 Pricing
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§ 45. Pricing. Registered organizations shall submit documentation to the executive director of any change in pricing per dose for any medical cannabis product within fifteen days of such change. Prior approval by the executive director shall not be required for any such change;…
N.Y. Cannabis Law § 61 License application
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§ 61. License application. 1. Any person may apply to the board for a license to cultivate, process, distribute, deliver or dispense cannabis within this state for sale. Such application shall be in writing and verified and shall contain such information as the board shall requi…
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 board shall have the authority to prescribe the manner and form in which an application must be submitted to the office for licensure under this article. 2. The board is authorized to adopt regulations, inclu…
N.Y. Cannabis Law § 63 Fees
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§ 63. Fees. 1. The board shall have the authority to charge applicants for licensure under this article a non-refundable application fee. Such fee may be based on the type of licensure sought, cultivation and/or production volume, or any other factors deemed reasonable and appro…
N.Y. Cannabis Law § 64 Selection criteria
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§ 64. Selection criteria. 1. The board shall develop regulations for use by the office in determining whether or not an applicant should be granted the privilege of an initial adult-use cannabis license, based on, but not limited to, the following criteria: (a) the applicant is …
N.Y. Cannabis Law § 65 Limitations of licensure; duration
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§ 65. Limitations of licensure; duration. 1. No license of any kind may be issued to a person under the age of twenty-one years, nor shall any licensee employ anyone under the age of eighteen years. Any employee eighteen years of age or older but under twenty-one years of age ma…
N.Y. Cannabis Law § 66 License renewal
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§ 66. License renewal. 1. Each license, issued pursuant to this article, may be renewed upon application therefore by the licensee and the payment of the fee for such license as prescribed by this article. In the case of applications for renewals, the board may dispense with the…
N.Y. Cannabis Law § 67 Amendments; changes in ownership and organizational structure
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§ 67. Amendments; changes in ownership and organizational structure. 1. Licenses issued pursuant to this article shall specify: (a) the name and address of the licensee; (b) the activities permitted by the license; (c) the land, buildings and facilities that may be used for the …
N.Y. Cannabis Law § 68 Adult-use cultivator license
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§ 68. Adult-use cultivator license. 1. An adult-use cultivator's license shall authorize the acquisition, possession, distribution, cultivation and sale of cannabis from the licensed premises of the adult-use cultivator by such licensee to duly licensed processors in this state.…
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 distributor retail dispensary license. 1. A registered organization cultivator processor distributor retail dispensary license shall have the same authorization and conditions as adult-use cultivator, adult-use proce…
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 distributor license. A registered organization cultivator, processor and distributor license shall have the same authorization and conditions as an adult-use cultivator, processor, and distributor license, provi…
N.Y. Cannabis Law § 69 Adult-use processor license
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§ 69. Adult-use processor license. 1. A processor's license shall authorize the acquisition, possession, processing and sale of cannabis from the licensed premises of the adult-use cultivator by such licensee to duly licensed processors or distributors. A person holding an adult…
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 cannabis control board is hereby created and shall consist of a chairperson nominated by the governor and with the advice and consent of the senate, with one vote, and four other voting board members as provided…
N.Y. Cannabis Law § 70 Adult-use cooperative license
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§ 70. Adult-use cooperative license. 1. A cooperative license shall authorize the acquisition, possession, cultivation, processing, distribution and sale from the licensed premises of the adult-use cooperative by such licensee to duly licensed distributors, on-site consumption s…
N.Y. Cannabis Law § 71 Adult-use distributor license
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§ 71. Adult-use distributor license. 1. A distributor's license shall authorize the acquisition, possession, distribution and sale of cannabis from the licensed premises of a licensed adult-use cultivator, processor, adult-use cooperative, microbusiness, or registered organizati…
N.Y. Cannabis Law § 72 Adult-use retail dispensary license
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§ 72. Adult-use retail dispensary license. 1. A retail dispensary license shall authorize the acquisition, possession, sale and delivery of cannabis from the licensed premises of the retail dispensary by such licensee to cannabis consumers. 2. No person may have a direct or indi…
N.Y. Cannabis Law § 73 Microbusiness license
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§ 73. Microbusiness license. 1. A microbusiness license shall authorize the limited cultivation, processing, distribution, delivery, and dispensing of their own adult-use cannabis and cannabis products. 2. A microbusiness licensee may not hold any direct or indirect interest in …
N.Y. Cannabis Law § 74 Delivery license
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§ 74. Delivery license. A delivery license shall authorize the delivery of cannabis and cannabis products by licensees independent of another adult-use cannabis license, provided that each delivery licensee may have a total of no more than twenty-five individuals, or the equival…
N.Y. Cannabis Law § 75 Nursery license
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§ 75. Nursery license. 1. A nursery license shall authorize the production, sale and distribution of clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis by licensed adult-use cultivators, co…
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 on-site consumption license. 1. Not less than thirty days nor more than two hundred seventy days before filing an application for licensure as an adult-use retail dispensary or registered organization adult-u…
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 on-site consumption licenses. 1. No applicant shall be granted an adult-use on-site consumption license for any premises, unless the applicant shall be the owner thereof, or shall be in possession of said premises…
N.Y. Cannabis Law § 78 Record keeping and tracking
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§ 78. Record keeping and tracking. 1. The board shall, by regulation, require each licensee pursuant to this article to adopt and maintain security, tracking, record keeping, record retention and surveillance systems, relating to all cannabis at every stage of acquiring, possess…
N.Y. Cannabis Law § 79 Inspections and ongoing requirements
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§ 79. Inspections and ongoing requirements. All licensed or permitted premises, regardless of the type of premises, and all records including but not limited to financial statements and corporate documents, shall be subject to inspection by the office, by the duly authorized rep…
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 hereby established, within the division of alcoholic beverage control, an independent office of cannabis management, which shall have exclusive jurisdiction to exercise the powers and duties provided by this chapte…
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 interested in retail dispensaries. 1. It shall be unlawful for any person authorized to cultivate, process, or distribute under this article to: (a) be interested directly or indirectly in any premises where any c…
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 products. 1. The board is hereby authorized to promulgate rules and regulations governing the advertising, branding, marketing, packaging, labeling and unconventional methods of administration or ingestion, of c…
N.Y. Cannabis Law § 82 Laboratory testing
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§ 82. Laboratory testing. 1. Every processor of adult-use cannabis shall contract with an independent laboratory permitted pursuant to section one hundred twenty-nine of this chapter, to test the cannabis products it produces pursuant to rules and regulations prescribed by the o…
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 cannabis. 1. Cultivation and processing of cannabis shall comply with regulations promulgated by the board governing minimum requirements for adult-use cultivators, nurseries, processors, microbusinesses, coo…
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. No distributor shall sell, or agree to sell or deliver any cannabis products, as the case may be, in any container, except in a sealed package. Such containers shall have affixed thereto such labels as may be …
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. No cannabis retail licensee shall sell, deliver, or give away or cause or permit or procure to be sold, delivered or given away any cannabis to any person, actually or apparently, under the age of twenty-one y…
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 promulgate rules and regulations governing the form and content of advertising and marketing of licensed cannabis and any cannabis products or services. 2. The board shall promulgate regulations for advertisi…
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, distressed farmers and service-disabled veterans; incubator program. 1. The board, in consultation with the chief equity officer and executive director, and after receiving public input shall create and imple…
N.Y. Cannabis Law § 88 Data collection and reporting
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§ 88. Data collection and reporting. The board shall collect demographic data on owners and employees in the adult-use cannabis industry and shall annually publish such data in its annual report.
N.Y. Cannabis Law § 89 Regulations
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§ 89. Regulations. The board shall promulgate regulations with recommendations from the state cannabis advisory board to implement this article.
N.Y. Cannabis Law § 9 Executive director
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§ 9. Executive director. The office shall exercise its authority, other than powers and duties specifically granted to the board, by and through an executive director nominated by the governor and with the advice and consent of the senate. The executive director shall serve for …
N.Y. Cannabis Law § 90 Definitions
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§ 90. Definitions. As used in this article, the following terms shall have the following meanings, unless the context clearly requires otherwise: 1. "Cannabinoid" means the phytocannabinoids found in hemp and does not include synthetic cannabinoids as that term is defined in sub…
N.Y. Cannabis Law § 91 Rulemaking authority
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§ 91. Rulemaking authority. The board may make regulations pursuant to this article for the processing, distribution, marketing, transportation and sale of cannabinoid hemp and hemp extracts used for human consumption, which may include, but not be limited to: 1. Specifying form…
N.Y. Cannabis Law § 92 Cannabinoid hemp processor license
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§ 92. Cannabinoid hemp processor license. 1. Persons processing cannabinoid hemp or hemp extract used for human consumption, whether in intermediate or final form, shall be required to obtain a cannabinoid hemp processor license from the board. 2. A cannabinoid hemp processor li…