NY Cannabis § 13 (2021)
2021 New York Laws CAN - Cannabis Article 2 - New York State Cannabis Control Board 13 - Rulemaking Authority.

§  13.  Rulemaking  authority.  1.  The board shall perform such acts, prescribe such forms and propose such rules, regulations and  orders  as it  may  deem  necessary or proper to fully effectuate the provisions of this chapter.   2. The board shall, in consultation with the  executive  director  and the  chief  equity officer, have the authority to promulgate any and all necessary rules and regulations governing the cultivation,  manufacture, processing, transportation, distribution, testing, delivery, and sale of medical  cannabis,  adult-use  cannabis,  and  cannabinoid hemp and hemp extract, including but not limited to the registration of  organizations authorized  to sell medical cannabis, the licensing and/or permitting of adult-use cannabis cultivators, processors, cooperatives, microbusiness, distributors,  laboratories,  and  retailers,  and  the   licensing   of cannabinoid  hemp  and hemp extract producers and processors pursuant to this chapter, including, but not limited to:  (a) prescribing forms and establishing application, reinstatement, and renewal fees;  (b)  the  qualifications  and  selection  criteria  for  registration, licensing, or permitting;  (c)  the  books  and  records  to  be  created  and  maintained by all registered  organizations,  licensees,  and  permittees,  including  the reports  to be made thereon to the office, and inspection of any and all books and records maintained by any registered  organization,  licensee, or  permittee  and  on  the  premises  of  any  registered organization, licensee, or permittee;  (d) methods of producing, processing, and packaging cannabis,  medical cannabis,   cannabis-infused   products,   concentrated   cannabis,  and cannabinoid  hemp  and  hemp  extract;  conditions  of  sanitation,  and standards  of  ingredients,  quality,  and identity of cannabis products cultivated, processed, packaged, or sold by any registered organizations and licensees;  (e) security requirements for medical cannabis and adult-use  cannabis retail  dispensaries  and  premises  where  cannabis  products,  medical cannabis,  and  cannabinoid  hemp  and  hemp  extract,  are  cultivated, produced,  processed,  or  stored,  and  safety protocols for registered organizations, licensees and their employees;  (f)  hearing  procedures  and  additional  causes  for   cancellation, suspension,  revocation,  and/or  civil  penalties  against  any  person registered, licensed, or permitted by the board; and  (g) the circumstances, manner  and  process  by  which  an  applicant, registered  organization, licensee, or permittee, may apply to change or alter its previously submitted or approved  owners,  managers,  members, directors, financiers, or interest holders.   3.  The board shall promulgate rules and regulations that are designed to:  (a) prevent the distribution of adult-use cannabis or cannabis product to persons under twenty-one years of age, including the modification  of tobacco vaping products for use with cannabis;  (b)  prevent  the  revenue  from  the  sale  of cannabis from going to criminal enterprises;  (c) prevent the diversion and inversion of cannabis from this state to other states and from other states into this state, insofar as  cannabis remains federally prohibited;  (d) prevent cannabis, hemp, cannabinoid hemp and hemp extract activity that  is legal under state law from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;  (e) inform the public about the dangers of driving while impaired  and the public health consequences associated with the use of cannabis;  (f) prevent the growing of cannabis on public lands;  (g)  inform the public about the prohibition on the possession and use of cannabis on federal property; and  (h) establish application, licensing, and permitting  processes  which ensure  all  material owners and interest holders are disclosed and that officials or other individuals with control  over  the  approval  of  an application,  permit,  or license do not themselves have any interest in an application, license, or permit.   4. The board, in consultation with the department of  agriculture  and markets   and   the  department  of  environmental  conservation,  shall promulgate necessary rules and regulations governing the safe production of  cannabis,  including  environmental   and   energy   standards   and restrictions  on  the use of pesticides and best practices for water and energy conservation.   5. Emergency rules and regulations: In adopting  any  emergency  rule, the board shall comply with the provisions of subdivision six of section two   hundred   two  of  the  state  administrative  procedure  act  and subdivision three of section one hundred one-a  of  the  executive  law; provided, however, that notwithstanding the provisions of such laws:  (a)  Such  emergency  rule may remain in effect for no longer than one hundred twenty days, unless within such time the board complies with the provisions of such laws and adopts the rule as a permanent rule;  (b) If, prior to the expiration of a rule  adopted  pursuant  to  this paragraph,  the  board  finds  that  the  readoption  of such rule on an emergency basis or the adoption of a substantially similar  rule  on  an emergency  basis is necessary for the preservation of the public health, safety or general welfare the agency may only readopt  the  rule  on  an emergency  basis  or  adopt a substantially similar rule on an emergency basis if on or before the  date  of  such  action  the  board  has  also submitted  a  notice of proposed rule making pursuant to subdivision six of section two hundred two of the state administrative procedure act and subdivision three of section one hundred one-a of the executive law.  An emergency  rule  adopted pursuant to this paragraph may remain in effect for no longer than one hundred twenty days;  (c) An emergency rule  adopted  pursuant  to  this  subdivision  or  a substantially  similar  rule adopted on an emergency basis may remain in effect for no  longer  than  one  hundred  twenty  days,  but  upon  the expiration  of such one hundred twenty-day period no further readoptions or adoptions of substantially similar rules shall  be  permitted  for  a period  of  one  hundred  twenty days. Nothing in this subdivision shall preclude the adoption of such rule by submitting a  notice  of  adoption pursuant  to  subdivision  five  of section two hundred two of the state administrative procedure act; and  (d) Strict compliance with the provisions of this subdivision shall be required, and any emergency rule or substantially similar rule that does not so comply shall be void and of no legal effect.   6. The board  shall  have  the  authority  to  promulgate  regulations governing  the  appropriate  use  and  licensure of the manufacturing of cannabinoids, or other compounds contained within  the  cannabis  plant, through any method other than planting, growing, cloning, harvesting, or other traditional means of plant agriculture.