N.Y. CAN Law § 7 — New York Code / Act CAN / Article 2 / Section 7
Establishment of the cannabis control board or "board"
Status: in_force

§ 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\nprovided for in subdivision two of this section.\n  2. Appointments. In addition to the chairperson, the governor shall\nhave two direct appointments to the board, and the temporary president\nof the senate and the speaker of the assembly shall each have one direct\nappointment to the board. Appointments shall be for a term of three\nyears each and should, to the extent possible, be geographically and\ndemographically representative of the state and communities historically\naffected by the war on drugs. Board members shall be citizens and\npermanent residents of this state. The chairperson and the remaining\nmembers of such board shall continue to serve as chairperson and members\nof the board until the expiration of the respective terms for which they\nwere appointed. Upon the expiration of such respective terms the\nsuccessors of such chairperson and members shall be appointed to serve\nfor a term of three years each and until their successors have been\nappointed and qualified. The members shall, when performing the work of\nthe board, be compensated at a rate of two hundred sixty dollars per\nday, together with an allowance for actual and necessary expenses\nincurred in the discharge of their duties. No member or member's spouse\nor minor child shall have any interest in an entity regulated by the\nboard.\n  3. Expenses. Each member of the board shall be entitled to their\nexpenses actually and necessarily incurred by them in the performance of\ntheir duties.\n  4. Removal. Any member of the board may be removed by the governor for\ngood cause after notice and an opportunity to be heard. A statement of\nthe good cause for their removal shall be filed by the governor in the\noffice of the secretary of state.\n  5. Vacancies; quorum. (A) In the event of a vacancy caused by the\ndeath, resignation, removal or inability to perform his or her duties of\nany board member, the vacancy shall be filled in the manner as the\noriginal appointment for the remainder of the unexpired term.\n  (B)(i) In the event of a vacancy caused by the death, resignation,\nremoval, or inability to act of the chair, the vacancy shall be filled\nin the same manner as the original appointment for the remainder of the\nunexpired term. Notwithstanding any other provision of law to the\ncontrary, the governor shall designate one of the remaining board\nmembers to serve as acting chairperson for a period not to exceed six\nmonths or until a successor chairperson has been confirmed by the\nsenate. Upon the expiration of the six month term, if the governor has\nnominated a successor chairperson, but the senate has not acted upon the\nnomination, the acting chairperson can continue to serve as acting\nchairperson for an additional ninety days or until the governor's\nsuccessor chairperson nomination is confirmed by the senate, whichever\ncomes first;\n  (ii) The governor shall provide immediate written notice to the\ntemporary president of the senate and the speaker of the assembly of the\ndesignation of a board member as acting chairperson; and\n  (iii) If (a) the governor has not nominated a successor chairperson\nupon the expiration of the six month term or (b) the senate does not\nconfirm the governor's successor nomination within the additional ninety\ndays, the board member designated as acting chairperson shall no longer\nbe able to serve as acting chairperson and the governor is prohibited\nfrom extending the powers of that acting chairperson or from designating\nanother board member to serve as acting chairperson.\n  (C) A majority of the voting board members of the board shall\nconstitute a quorum for the purpose of conducting the business thereof\nand a majority vote of all the members in office shall be necessary for\naction. Provided, however, that a board member designated as an acting\nchairperson pursuant to this chapter shall have only one vote for\npurposes of conducting the business of the cannabis control board.\n  6. The cannabis control board and office of cannabis management shall\nhave its principal office in the city of Albany, and maintain branch\noffices in the cities of New York and Buffalo and such other places as\nit may deem necessary.\n  The board shall establish appropriate procedures to ensure that\nhearing officers are shielded from ex parte communications with alleged\nviolators and their attorneys and from other employees of the office of\ncannabis management and shall take such other steps as it shall deem\nnecessary and proper to shield its judicial processes from unwarranted\nand inappropriate communications and attempts to influence.\n  7. Disqualification of members of the board and employees of the\noffice of cannabis management. No member of the board or any officer,\ndeputy, assistant, inspector or employee or spouse or minor child\nthereof shall have any interest, direct or indirect, either proprietary\nor by means of any loan, mortgage or lien, or in any other manner, in or\non any premises where cannabis is manufactured or sold; nor shall they\nhave any interest, direct or indirect, in any business wholly or\npartially devoted to the cultivation, manufacture, distribution, sale,\ntransportation or storage of cannabis, or own any stock in any\ncorporation which has any interest, proprietary or otherwise, direct or\nindirect, in any premises where cannabis or hemp extract is cultivated\nor manufactured, distributed, or sold, or in any business wholly or\npartially devoted to the cultivation, manufacture, distribution, sale,\ntransportation or storage of cannabis or hemp extract or receive any\ncommission or profit whatsoever, direct or indirect, from any person\napplying for or receiving any license or permit provided for in this\nchapter, or hold any other public office in the state or in any\npolitical subdivision except upon the written permission of the board,\nsuch member of the board or office of cannabis management or officer,\ndeputy, assistant, inspector or employee thereof may hold the public\noffice of notary public or member of a community board of education in\nthe city school district of the city of New York. Anyone who violates\nany of the provisions of this section shall be removed.\n