NY Cannabis § 137 (2021)
2021 New York Laws CAN - Cannabis Article 6 - General Provisions 137 - Persons Forbidden to Traffic Cannabis; Certain Officials Not to Be Interested in Manufacture or Sale of Cannabis Products.

§ 137. Persons forbidden to traffic cannabis; certain officials not to be  interested  in  manufacture  or  sale  of  cannabis products. 1. The following are forbidden to traffic in cannabis except  in  extraordinary circumstances as determined by the board:  (a)  An individual who has been convicted of an offense related to the functions or duties of owning and  operating  a  business  within  three years  of the application date, except that if the board determines that the owner or licensee is otherwise suitable to be issued a license,  and the  board  determines  granting  the  license  is not inconsistent with public safety, the board shall conduct a thorough review of  the  nature of  the  crime, conviction, circumstances and evidence of rehabilitation of the owner in accordance with article twenty-three-A of the correction law, and shall evaluate the suitability of the owner or licensee  to  be issued  a  license  based  on  the evidence found through the review. In determining which offenses are substantially related to the functions or duties of owning and operating a business, the board shall include,  but not be limited to, the following:  (i)  a  felony  conviction within the past five years involving fraud, money laundering, forgery or other unlawful conduct  related  to  owning and operating a business; and  (ii)  a  felony  conviction  within  the  past  five years for hiring, employing, or using a minor in transporting, carrying,  selling,  giving away,  preparing  for  sale,  or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing,  offering  to  furnish, administering, or giving any controlled substance to a minor.  (b) A person under the age of twenty-one years;  (c)  A  partnership  or  a  corporation,  unless  each  member  of the partnership, or each of the principal  officers  and  directors  of  the corporation,  is  a  citizen  of  the United States or a person lawfully admitted for permanent residence in the United  States,  not  less  than twenty-one  years  of  age;  provided  however  that a corporation which otherwise conforms to the requirements of this section and  chapter  may be  licensed if each of its principal officers and more than one-half of its directors are citizens of the  United  States  or  persons  lawfully admitted  for  permanent  residence  in  the United States; and provided further  that  a  corporation   organized   under   the   not-for-profit corporation  law  or  the  education law which otherwise conforms to the requirements of this section and chapter may be licensed if each of  its principal  officers  and directors are not less than twenty-one years of age; and provided, further,  that  a  corporation  organized  under  the not-for-profit  corporation  law or the education law and located on the premises of a college as defined by section two  of  the  education  law which otherwise conforms to the requirements of this section and chapter may  be  licensed  if  each  of  its  principal officers and each of its directors are not less than twenty-one years of age;  (d) A person who shall have had any  registration  or  license  issued under  this  chapter revoked for cause, until the expiration of one year from the date of such revocation;  (e) A person not registered or licensed under the provisions  of  this chapter,  who has been convicted of a misdemeanor or felony in violation of this chapter, until the expiration of one year from the date of  such conviction; or  (f)  A  corporation or partnership, if any officer and director or any partner, while not licensed under the provisions of  this  chapter,  has been  convicted of a misdemeanor or felony in violation of this chapter, or has had a registration or license issued under this  chapter  revoked for  cause, until the expiration of up to one year from the date of such conviction or revocation as determined by the board.    2. Except as may otherwise be provided for in regulation, it shall  be unlawful  for  any chief of police, police officer or subordinate of any police department in the state, to  be  either  directly  or  indirectly interested  in  the  cultivation,  processing,  distribution, or sale of cannabis  products  or to offer for sale, or recommend to any registered organization or licensee any cannabis products.  A  person  may  not  be denied  any registration or license granted under the provisions of this chapter solely on the grounds of being the spouse or domestic partner of a  public  servant  described  in  this  section.  The  solicitation  or recommendation  made  to  any  registered  organization  or licensee, to purchase any cannabis products by any police official or subordinate  as hereinabove  described, shall be presumptive evidence of the interest of such  official  or   subordinate   in   the   cultivation,   processing, distribution, or sale of cannabis products.   3.  No elected village officer shall be subject to the limitations set forth in subdivision two of this section  unless  such  elected  village officer  shall  be assigned duties directly relating to the operation or management of the police department.