N.Y. CAN Law § 138-A — New York Code / Act CAN / Article 6 / Section 138-A
Action for unlawful business practices relating to cannabis
Status: in_force

§ 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, processing,\ndistributing or selling cannabis, cannabis product, cannabinoid hemp or\nhemp extract product, or any product marketed or labeled as such in this\nstate without obtaining the appropriate registration, license, or permit\ntherefor, or engaging in an indirect retail sale to cease such\nprohibited conduct;\n  2. seize any cannabis, cannabis product, cannabinoid hemp or hemp\nextract product, or any product marketed or labeled as such, found in\nthe possession of a person engaged in the conduct described in\nsubdivision one of this section and their place of business, including a\nvehicle used for such business;\n  3. initiate or refer the matter to the board for an administrative\nproceeding to enforce the provisions of this section;\n  4. seek injunctive relief against any person engaging in conduct in\nviolation of this section;\n  5. request that the attorney general obtain judicial enforcement of an\norder issued under subdivision one of this section or bring an action or\nproceeding for any relief otherwise authorized under this chapter for a\nviolation of this chapter, including the recovery of any applicable\ncivil penalties;\n  6. in connection with any regulatory inspection or investigation or\naction thereafter, review, seize and copy records;\n  7. in connection with any action or proceeding authorized by this\nchapter, request that the attorney general or any police officer or\npeace officer seize or remove and hold as evidence all material,\nequipment, and instrumentalities used in the creation and maintenance of\nthe conduct described in subdivision one of this section;\n  8. upon receipt of one or more complaints that a person is engaged in\nconduct described in subdivision one of this section or in connection\nwith any inspection or subsequent investigation of a person engaged in\nthe conduct described in subdivision one of this section, issue\nsubpoenas to any owners, managers, or employees of such person for\ninformation regarding the person and the conduct;\n  9. with the assistance of law enforcement, seize or impound other\nproperty used in furtherance of the conduct described in subdivision one\nof this section;\n  10. upon an ex parte order to a court, request the court to issue a\nrestraining order freezing liquid assets to enforce the provisions of\nthis section and section sixteen-a of this chapter and section one\nhundred thirty-two of this article;\n  11. in accordance with the procedures outlined in section one hundred\nthirty-eight-b of this chapter, issue and execute an order to seal a\nbuilding or premises of any unlicensed businesses in which any person is\nengaged in conduct in violation of this section or section one hundred\ntwenty-five or one hundred thirty-two of this article;\n  12. upon receipt of one or more complaints that a person is engaged in\nconduct described in subdivision one of this section, apply or request\nthat the attorney general apply for an ex parte order to the supreme\ncourt in the county in which the place of business is located for an\norder granting the office or board access to such place of business. The\ncourt may grant such an order it if determines, based on the evidence\npresented, that there is reasonable cause to believe that such place of\nbusiness is the same place of business for which the office has received\nsuch complaints;\n  13. upon finding a violation of this section by a holder of a license\nissued by the state liquor authority, a registration issued by the\ncommissioner of taxation and finance to sell cigarettes or tobacco\nproducts at retail, a registration issued by the commissioner of\ntaxation and finance to sell vapor products at retail, or a lottery\nsales agent license issued by the division of lottery, (a) issue a\nnotice of violation to the holder or an agent thereof that clearly\nstates (i) that the holder's state licenses, permits, or registrations\nmay be at risk of revocation or suspension and (ii) that the holder's\nbusiness premises may be subject to an order to seal if upon a\nsubsequent inspection the office finds that the violation has not been\nabated, and (b) notify the agency that issued the authorization that the\nholder is in violation of this section; and\n  14. if any penalty is not paid within six months, enter the amount\nthereof as a judgment in the office of the clerk of the county of Albany\nand in any other county in which the person resides, has a place of\nbusiness, or through which it operates. If such judgment has not been\nsatisfied within thirty days thereafter, no license, registration, or\npermit shall be issued by the board to such person for three years\nthereafter.\n