NY Cannabis § 7 (2021)
2021 New York Laws CAN - Cannabis Article 2 - New York State Cannabis Control Board 7 - Establishment of the Cannabis Control Board or "Board".

§  7.  Establishment  of the cannabis control board or "board". 1. The cannabis control  board  is  hereby  created  and  shall  consist  of  a chairperson nominated by the governor and with the advice and consent of the  senate,  with  one  vote,  and  four  other voting board members as provided for in subdivision two of this section.   2. Appointments. In addition to the chairperson,  the  governor  shall have  two  direct appointments to the board, and the temporary president of the senate and the speaker of the assembly shall each have one direct appointment to the board. Appointments shall be  for  a  term  of  three years  each  and  should,  to the extent possible, be geographically and demographically representative of the state and communities historically affected by the war on  drugs.  Board  members  shall  be  citizens  and permanent  residents  of  this  state. The chairperson and the remaining members of such board shall continue to serve as chairperson and members of the board until the expiration of the respective terms for which they were appointed.  Upon  the  expiration  of  such  respective  terms  the successors  of  such chairperson and members shall be appointed to serve for a term of three years each and  until  their  successors  have  been appointed  and qualified. The members, except for the chairperson, shall when performing the work of the board, be compensated at a rate  of  two hundred sixty dollars per day, and together with an allowance for actual and  necessary  expenses  incurred in the discharge of their duties. The chairperson shall receive an annual  salary  not  to  exceed  an  amount appropriated  therefor  by  the legislature, and their expenses actually and necessarily incurred in the performance of  their  official  duties, unless  otherwise  provided  by  the  legislature. No member or member's spouse or minor child shall have any interest in an entity regulated  by the board.   3.  Expenses.  Each  member  of  the  board shall be entitled to their expenses actually and necessarily incurred by them in the performance of their duties.   4. Removal. Any member of the board may be removed by the governor for good cause after notice and an opportunity to be heard. A  statement  of the  good  cause for their removal shall be filed by the governor in the office of the secretary of state.   5. Vacancies; quorum. (A) In the event of  a  vacancy  caused  by  the death, resignation, removal or inability to perform his or her duties of any  board  member,  the  vacancy  shall  be filled in the manner as the original appointment for the remainder of the unexpired term.  (B)(i) In the event of a vacancy caused  by  the  death,  resignation, removal,  or  inability to act of the chair, the vacancy shall be filled in the same manner as the original appointment for the remainder of  the unexpired  term.  Notwithstanding  any  other  provision  of  law to the contrary, the governor  shall  designate  one  of  the  remaining  board members  to  serve  as acting chairperson for a period not to exceed six months or until a  successor  chairperson  has  been  confirmed  by  the senate.  Upon  the expiration of the six month term, if the governor has nominated a successor chairperson, but the senate has not acted upon the nomination, the acting chairperson  can  continue  to  serve  as  acting chairperson  for  an  additional  ninety  days  or  until the governor's successor chairperson nomination is confirmed by the  senate,  whichever comes first;  (ii)  The  governor  shall  provide  immediate  written  notice to the temporary president of the senate and the speaker of the assembly of the designation of a board member as acting chairperson;  (iii) If (a) the governor has not nominated  a  successor  chairperson upon  the  expiration  of  the six month term or (b) the senate does not confirm the governor's successor nomination within the additional ninety  days, the board member designated as acting chairperson shall no  longer be  able  to  serve as acting chairperson and the governor is prohibited from extending the powers of that acting chairperson or from designating another board member to serve as acting chairperson; and  (iv)  A board member serving as the acting chairperson of the cannabis control board shall be deemed a state officer for  purposes  of  section seventy-three of the public officers law.  (C)  A  majority  of  the  voting  board  members  of  the board shall constitute a quorum for the purpose of conducting the  business  thereof and  a majority vote of all the members in office shall be necessary for action. Provided, however, that a board member designated as  an  acting chairperson  pursuant  to  this  chapter  shall  have  only one vote for purposes of conducting the business of the cannabis control board.   6. The cannabis control board and office of cannabis management  shall have  its  principal  office  in the city of Albany, and maintain branch offices in the cities of New York and Buffalo and such other  places  as it may deem necessary.   The  board  shall  establish  appropriate  procedures  to  ensure that hearing officers are shielded from ex parte communications with  alleged violators  and their attorneys and from other employees of the office of cannabis management and shall take such other steps  as  it  shall  deem necessary  and  proper to shield its judicial processes from unwarranted and inappropriate communications and attempts to influence.   7. Disqualification of members of  the  board  and  employees  of  the office  of  cannabis  management. No member of the board or any officer, deputy, assistant, inspector  or  employee  or  spouse  or  minor  child thereof  shall have any interest, direct or indirect, either proprietary or by means of any loan, mortgage or lien, or in any other manner, in or on any premises where cannabis is manufactured or sold; nor  shall  they have  any  interest,  direct  or  indirect,  in  any  business wholly or partially devoted to the cultivation, manufacture,  distribution,  sale, transportation  or  storage  of  cannabis,  or  own  any  stock  in  any corporation which has any interest, proprietary or otherwise, direct  or indirect,  in  any premises where cannabis or hemp extract is cultivated or manufactured, distributed, or sold, or  in  any  business  wholly  or partially  devoted  to the cultivation, manufacture, distribution, sale, transportation or storage of cannabis or hemp  extract  or  receive  any commission  or  profit  whatsoever,  direct or indirect, from any person applying for or receiving any license or permit  provided  for  in  this chapter,  or  hold  any  other  public  office  in  the  state or in any political subdivision except upon the written permission of  the  board, such  member  of  the board or office of cannabis management or officer, deputy, assistant, inspector or employee thereof  may  hold  the  public office  of  notary public or member of a community board of education in the city school district of the city of New York.  Anyone  who  violates any of the provisions of this section shall be removed.