N.Y. CAN Law § 125 — New York Code / Act CAN / Article 6 / Section 125
General prohibitions and restrictions
Status: in_force

§ 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 marketed or\nlabeled as such, within the state without obtaining the appropriate\nregistration, license, or permit therefor required by this chapter\nunless otherwise authorized by law.\n  1-a. No person shall engage in an indirect retail sale irrespective of\nwhether such person has obtained a registration, license, or permit\nissued under this chapter.\n  1-b. Any activity conducted in violation of subdivision one or one-a\nof this section presents a danger to public health, safety, and welfare.\n  2. No registered organization, licensee, or permittee or other entity\nunder the jurisdiction of the board shall sell, or agree to sell or\ndeliver in this state any cannabis or cannabinoid hemp or hemp extract\nfor the purposes of resale to any person who is not duly registered,\nlicensed or permitted pursuant to this chapter to sell such product, at\nwholesale or retail, as the case may be, at the time of such agreement\nand sale.\n  3. No registered organization, licensee, or permittee or other entity\nunder the jurisdiction of the board shall employ, or permit to be\nemployed, or shall allow to work, on any premises registered or licensed\nfor retail sale hereunder, any person under the age of eighteen years in\nany capacity where the duties of such person require or permit such\nperson to sell, dispense or handle cannabis. Any employee eighteen years\nof age or older and under twenty-one years of age may not have direct\ninteraction with customers inside a licensed retail store.\n  4. No registered organization, licensee, or permittee, or other entity\nunder the jurisdiction of the board, shall sell, deliver or give away,\nor cause, permit or procure to be sold, delivered or given away any\ncannabis, cannabis product, or medical cannabis on credit; except that a\nregistered organization, licensee or permittee may accept third party\ncredit cards for the sale of any cannabis, cannabis product, or medical\ncannabis for which it is registered, licensed or permitted to dispense\nor sell to patients or cannabis consumers. This includes, but is not\nlimited to, any consignment sale of any kind.\n  5. No registered organization, licensee, or permittee, or other entity\nunder the jurisdiction of the board, shall cease to be operated as a\nbona fide or legitimate premises within the contemplation of the\nregistration, license, or permit issued for such premises, as determined\nwithin the judgment of the board.\n  6. No registered organization, licensee, or permittee, or other entity\nunder the jurisdiction of the board, shall refuse, nor any person\nholding a registration, license, or permit refuse, nor any officer or\ndirector of any corporation or organization holding a registration,\nlicense, or permit refuse, to appear and/or testify under oath at an\ninquiry or hearing held by the board, with respect to any matter bearing\nupon the registration, license, or permit, the conduct of any people at\nthe licensed premises, or bearing upon the character or fitness of such\nregistrant, licensee, or permittee, or other entity under the\njurisdiction of the board, to continue to hold any registration,\nlicense, or permit. Nor shall any of the above offer false testimony\nunder oath at such inquiry or hearing.\n  7. No registered organization, licensee, or permittee, or other entity\nunder the jurisdiction of the board, shall engage, participate in, or\naid or abet any violation of any provision of this chapter, or the rules\nor regulations of the board.\n  8. It shall be the responsibility of the registered organization,\nlicensee or permittee, or other entity under the jurisdiction of the\nboard, to exercise adequate supervision over the registered, licensed or\npermitted location. Persons registered, licensed, or permitted shall be\nheld strictly accountable for any and all violations that occur upon any\nregistered, licensed, or permitted premises, and for any and all\nviolations committed by or permitted by any manager, agent or employee\nof such registered, licensed, or permitted person.\n  9. As it is a privilege under the law to be registered, licensed, or\npermitted to cultivate, process, distribute, or sell cannabis, the board\nmay impose any such further restrictions upon any registrant, licensee,\nor permittee in particular instances as it deems necessary to further\nstate policy and best serve the public interest. A violation or failure\nof any person registered, licensed, or permitted to comply with any\ncondition, stipulation, or agreement, upon which any registration,\nlicense, or permit was issued or renewed by the board may, in accordance\nwith this chapter subject the registrant, licensee, or permittee to\nsuspension, cancellation, revocation, and/or civil penalties in\naccordance with this chapter, as determined by the board.\n  10. No adult-use cannabis or medical cannabis may be imported to, or\nexported out of, New York state by a registered organization, licensee\nor person holding a license and/or permit pursuant to this chapter,\nuntil such time as it may become legal to do so under federal law.\nShould it become legal to do so under federal law, the board may\npromulgate such rules and regulations as it deems necessary to protect\nthe public and the policy of the state, including but not limited to\nprioritize and promote New York cannabis. Further, all such cannabis or\ncannabis products must be distributed in a manner consistent with the\nprovisions of this chapter.\n  11. No registered organization, licensee or any of its agents,\nservants or employees shall sell any cannabis product, or medical\ncannabis from house to house by means of a truck or otherwise, where the\nsale is consummated and delivery made concurrently at the residence or\nplace of business of a cannabis consumer. This subdivision shall not\nprohibit the delivery by a registered organization to certified patients\nor their designated caregivers, pursuant to article three of this\nchapter.\n  12. No licensee shall employ any canvasser or solicitor for the\npurpose of receiving an order from a certified patient, designated\ncaregiver or cannabis consumer for any cannabis product, or medical\ncannabis at the residence or place of business of such patient,\ncaregiver or consumer, nor shall any licensee receive or accept any\norder, for the sale of any cannabis product, or medical cannabis which\nshall be solicited at the residence or place of business of a patient,\ncaregiver or consumer. This subdivision shall not prohibit the\nsolicitation by a distributor of an order from any licensee at the\nlicensed premises of such licensee.\n