Title CAN, Cannabis

Section 1. Short title. This chapter shall be known and may be cited\nand referred to as the "cannabis law".\n

§ 10. Powers and duties of the cannabis control board. The cannabis\ncontrol board or "board" shall have the following functions, powers and\nduties as provided for in this chapter:\n 1. Discretion to issue or refuse to issue any registration, license or\npermit provided for in …

§ 100. Transferability; amendment to license; change in ownership or\ncontrol. 1. Licenses issued under this article are not transferable,\nabsent written consent of the board.\n 2. Upon application of a licensee, a license may be amended to add or\ndelete permitted activities.\…

§ 101. Granting, suspending or revoking licenses. After due notice and\nan opportunity to be heard, established by rules and regulations, the\nboard may decline to grant a new license, impose conditions or limits\nwith respect to the grant of a license, modify an existing licens…

§ 102. Record keeping and tracking. Every licensee shall keep, in such\nform as the board may direct, such relevant records as may be required\npursuant to regulations under this article.\n

§ 103. Packaging and labeling of cannabinoid hemp and hemp extract. 1.\nCannabinoid hemp processors shall be required to provide appropriate\nlabel warning to consumers, and restricted from making unapproved label\nclaims, as determined by the board, concerning the potential imp…

§ 104. Processing of cannabinoid hemp and hemp extract. 1. No\nprocessor shall sell or agree to sell or deliver in the state any\ncannabinoid hemp, hemp extract or product derived therefrom, used for\nhuman consumption, except in sealed containers containing quantities in\naccor…

§ 105. Laboratory testing. Every cannabinoid hemp processor shall\ncontract with an independent commercial laboratory to test the hemp\nextract and products produced by the licensed processor. The board shall\nestablish the necessary qualifications or certifications required for…

§ 106. New York hemp product. The board may establish and adopt\nofficial grades and standards for cannabinoid hemp, hemp extract and\nproducts derived therefrom, as the board may deem advisable, which are\nproduced for sale in this state and, from time to time, may amend or\nmo…

§ 107. Penalties. Notwithstanding the provision of any law to the\ncontrary, the failure to comply with a requirement of this article, or a\nregulation thereunder, may be punishable by a civil penalty of not more\nthan one thousand dollars for a first violation; not more than fi…

§ 108. Hemp workgroup. The board, in consultation with the\ncommissioner of the department of agriculture and markets, may appoint a\nNew York state hemp and hemp extract workgroup, composed of growers,\nresearchers, producers, processors, manufacturers and trade\nassociations, …

§ 109. Prohibitions. 1. Except as authorized by the United States food\nand drug administration, the processing of cannabinoid hemp or hemp\nextract used for human consumption is prohibited within the state unless\nthe processor is licensed under this article.\n 2. Cannabinoid h…

§ 11. Functions, powers and duties of the executive director; office\nof cannabis management. The executive director, as authorized by and\nthrough this chapter, shall have the following functions, powers and\nduties as provided for in this chapter:\n 1. To exercise the powers a…

§ 110. Special use permits. The board shall have the authority to\nissue temporary permits for carrying on any activity related to\ncannabinoid hemp, hemp extract and products derived therefrom, licensed\nunder this article. The board may set reasonable fees for such permits,\nt…

§ 111. Severability. If any provision of this article or the\napplication thereof to any person or circumstances is held invalid, such\ninvalidity shall not affect other provisions or applications of this\narticle which can be given effect without the invalid provision or\nappli…

§ 12. Chief equity officer. The board, by an affirmative vote of at\nleast four members, shall appoint a chief equity officer. The chief\nequity officer shall receive an annual salary not to exceed an amount\nappropriated therefor by the legislature and their expenses actually a…

§ 125. General prohibitions and restrictions. 1. No person shall\ncultivate, process, distribute for sale or sell at wholesale or retail\nor deliver to consumers any cannabis, cannabis product, medical cannabis\nor cannabinoid hemp or hemp extract product, or any product markete…

§ 126. License to be confined to premises licensed; premises for which\nno license shall be granted; transporting cannabis. 1. A registration,\nlicense, or permit issued to any person, pursuant to this chapter, for\nany registered, licensed, or permitted premises shall not be\nt…

§ 127. Protections for the use of cannabis; unlawful discriminations\nprohibited. 1. No person, registered organization, licensee or\npermittee, employees, or their agents shall be subject to arrest,\nprosecution, or penalty in any manner, or denied any right or privilege,\nincl…

§ 128. Permits, registrations and licenses. 1. No permit, registration\nor license shall be transferable or assignable except that\nnotwithstanding any other provision of law, the permit, registration or\nlicense of a sole proprietor converting to corporate form, where such\npro…

§ 129. Laboratory testing permits. 1. The board shall approve and\npermit one or more independent cannabis testing laboratories to test\nmedical cannabis, adult-use cannabis and/or cannabinoid hemp or hemp\nextract.\n 2. To be permitted as an independent cannabis laboratory, a l…

§ 13. Rulemaking authority. 1. The board shall perform such acts,\nprescribe such forms and propose such rules, regulations and orders as\nit may deem necessary or proper to fully effectuate the provisions of\nthis chapter.\n 2. The board shall, in consultation with the executiv…

§ 130. Special use permits. The board shall have the authority to\nissue temporary permits for carrying on activities consistent with the\npolicy and purpose of this chapter with respect to cannabis. No special\nuse permit shall extend for a period longer than ninety days and sh…

§ 130-a. Cannabis showcase event permit. 1. When used in this section:\n (a) "Cannabis showcase event" shall mean an event where a licensee\nauthorized to conduct retail sales of adult-use cannabis, cannabis\nproducts, and cannabis merchandise engages in the sale and showcase of…

§ 131. Local opt-out; municipal control and preemption. 1. The\nlicensure and establishment of a retail dispensary license and/or\non-site consumption license under the provisions of article four of this\nchapter authorizing the retail sale of adult-use cannabis to cannabis\ncon…

§ 131-a. Office to be necessary party to certain proceedings. The\noffice shall be made a party to all actions and proceedings affecting in\nany manner the possession, ownership or transfer of a registration,\nlicense or permit to operate within a municipality and to all such\ni…

§ 132. Penalties for violation of this chapter. 1.(a) Any person who\ncultivates for sale, offers to sell, or sells cannabis, cannabis\nproducts, medical cannabis, or any product marketed or labeled as such,\nwithout having an appropriate registration, license or permit therefor…

§ 133. Revocation of registrations, licenses and permits for cause;\nprocedure for revocation or cancellation. 1. Any registration, license\nor permit issued pursuant to this chapter may be revoked, cancelled,\nsuspended and/or subjected to the imposition of a civil penalty for\…

§ 134. Lawful actions pursuant to this chapter. 1. Contracts related\nto the operation of registered organizations, licenses and permits under\nthis chapter shall be lawful and shall not be deemed unenforceable on\nthe basis that the actions permitted pursuant to the registratio…

§ 135. Review by courts. An action by the board shall be subject to\nreview by the supreme court in the manner provided in article\nseventy-eight of the civil practice law and rules including, but not\nlimited to:\n (a) Refusal by the board to issue a registration, license, or a…

§ 136. Illicit cannabis. 1. "Illicit cannabis" means and includes any\ncannabis flower, concentrated cannabis and cannabis product on which any\ntax required to have been paid under any applicable state law, has not\nbeen paid. Illicit cannabis shall not include any cannabis law…

§ 137. Persons forbidden to traffic cannabis; certain officials not to\nbe interested in manufacture or sale of cannabis products. 1. The\nfollowing are forbidden to traffic in cannabis except in extraordinary\ncircumstances as determined by the board:\n (a) An individual who ha…

§ 138. Access to criminal history information through the division of\ncriminal justice services. In connection with the administration of this\nchapter, the board is authorized to request, receive and review criminal\nhistory information through the division of criminal justice…

§ 138-a. Action for unlawful business practices relating to cannabis.\nThe board or the office of cannabis management shall, in accordance with\nthe authority otherwise conferred in this chapter, have the authority\nto:\n 1. order any person who is unlawfully cultivating, proces…

§ 138-b. Orders to seal. 1. In addition to any other authority\nconferred in this chapter, pursuant to the provisions of this section,\nthe board or the office shall have the authority to issue an order to\nseal the building or premises of any business engaged in unlicensed\nact…

§ 139. Severability. If any provision of this chapter or application\nthereof to any person or circumstances is held invalid, such invalidity\nshall not affect other provisions or applications of this chapter that\ncan be given effect without the invalid provision or application…

§ 14. State cannabis advisory board. 1. The state cannabis advisory\nboard or "advisory board" is established within the office of cannabis\nmanagement and directed to work in collaboration with the cannabis\ncontrol board and the executive director to advise and issue\nrecommend…

§ 15. Disposition of moneys received for license fees. The board shall\nestablish a scale of application, licensing, and renewal fees, based\nupon the cost of enforcing this chapter and the size of the cannabis\nbusiness being licensed, as follows:\n 1. The board shall charge ea…

§ 16. Violations of cannabis laws or regulations; penalties and\ninjunctions. 1. Any person who violates, disobeys or disregards any term\nor provision of this chapter or of any lawful notice, order or\nregulation pursuant thereto for which a civil penalty is not otherwise\nexpr…

* § 16-a. Emergency relief. Following service of an order issued by\nthe office of cannabis management requiring immediate cessation of\nunlicensed activity under this chapter, by a local government pursuant\nto a local law authorized by section one hundred thirty-one of this\nc…

§ 17. Formal hearings; notice and procedure. 1. The board, or any\nperson designated by them for this purpose, may issue subpoenas and\nadminister oaths in connection with any hearing or investigation under\nor pursuant to this chapter, and it shall be the duty of the board and\…

§ 18. Ethics, transparency and accountability. No member of the board\nor office or any officer, deputy, assistant, inspector or employee, or\nspouse or minor child of such member, officer, assistant, inspector or\nemployee thereof shall have any interest, direct or indirect, ei…

§ 19. Public health and education campaign. The office, in\nconsultation with the commissioners of the department of health, office\nof addiction services and supports, and office of mental health, shall\ndevelop and implement a comprehensive public health monitoring,\nsurveilla…

§ 2. Legislative findings and intent. The legislature finds that\nexisting marihuana laws have not been beneficial to the welfare of the\ngeneral public. Existing laws have been ineffective in reducing or\ncurbing marihuana use and have instead resulted in devastating\ncollatera…

§ 20. Establish uniform policies and best practices. The office shall\nengage in activities with other states, territories, or jurisdictions in\norder to coordinate and establish uniform policies and best practices in\ncannabis regulation. These activities shall prioritize coord…

§ 3. Definitions. Whenever used in this chapter, unless otherwise\nexpressly stated or unless the context or subject matter requires a\ndifferent meaning, the following terms shall have the representative\nmeanings hereinafter set forth or indicated:\n 1. "Applicant" unless othe…

§ 30. Certification of patients. 1. A patient certification may only\nbe issued if:\n (a) the patient has a condition, which shall be specified in the\npatient's health care record;\n (b) the practitioner by training or experience is qualified to treat\nthe condition;\n (c) the …

§ 31. Lawful medical use. The possession, acquisition, use, delivery,\ntransfer, transportation, or administration of medical cannabis by a\ncertified patient, designated caregiver or the employees of a designated\ncaregiver facility, for certified medical use, shall be lawful u…

§ 32. Validating medical cannabis certifications. 1. When presented\nwith a certification from a practitioner, registered organizations shall\nconfirm certifications and government-issued photo identifications,\npursuant to subdivision four of section thirty of this article, of\…

§ 32-a. Medical cannabis patient reciprocity. 1. Subject to the\nprovisions of this article and the rules and regulations of the board\npromulgated thereunder, medical cannabis patients from other states\nwithin the United States, United States territories, commonwealths or\npos…