2023 New York Laws › CAN - Cannabis › Article 2 - New York State Cannabis Control Board › 10 - Powers and Duties of the Cannabis Control Board.

§  10.  Powers  and duties of the cannabis control board. The cannabis
control board or "board" shall have the following functions, powers  and
duties as provided for in this chapter:
1. Discretion to issue or refuse to issue any registration, license or
permit  provided for in this chapter, as follows: the chairperson, after
receiving a recommendation and relevant application information from the
office and providing such information to all board members, shall  issue
a  preliminary  determination  on  whether  the license, registration or
permit shall be granted, denied, or  held  for  further  action.  Within
fourteen  days of the chairperson's preliminary determination, any board
member may object to the  chairperson's  preliminary  determination,  or
request  the  matter be brought before the full board for consideration.
Any preliminary determination  by  the  chairperson  shall  take  effect
fourteen days after it has been issued by the chairperson, provided that
no board member objects or requests the matter be considered by the full
board, as adopted by the board through resolution.
2.  Sole  discretion  to  limit,  or  not  to  limit,  the  number  of
registrations, licenses and permits of each class to  be  issued  within
the  state  or  any  political  subdivision  thereof,  in  a manner that
prioritizes social and economic equity applicants with the goal of fifty
percent  awarded  to  such  applicants,  and  considers  small  business
opportunities  and  concerns,  avoids market dominance in sectors of the
industry, and reflects the demographics of the state.
3. To revoke, cancel or suspend, after notice and an opportunity to be
heard, any registration, license, or permit issued  under  this  chapter
for a violation of this chapter or any regulation pursuant thereto.
3-a.  To  impose  or  recover a civil penalty, as otherwise authorized
under this chapter, against  any  person  found  to  have  violated  any
provision  of  this  chapter, whether or not a registration, license, or
permit has been issued to such person pursuant to this chapter.
4. To fix by rule and regulation the  standards  and  requirements  of
cultivation,  processing,  packaging,  marketing,  and  sale  of medical
cannabis, adult-use cannabis and cannabis product, and cannabinoid  hemp
and  hemp extract, including but not limited to, the ability to regulate
excipients, and the types, forms, and concentration  of  products  which
may  be manufactured and/or processed, in order to ensure the health and
safety of the public and the use of proper ingredients  and  methods  in
the  manufacture  of  all  medical, adult-use, cannabinoid hemp and hemp
extract to be sold or consumed in the state and to ensure that  products
are  not  packaged,  marketed,  or otherwise sold in a way which targets
minors or promotes increased use or cannabis use disorders.
5. To limit or prohibit, at any time of public emergency  and  without
previous   notice   or   advertisement,   the  cultivation,  processing,
distribution or sale of any or all cannabis products,  medical  cannabis
or  cannabinoid hemp and hemp extract, for and during the period of such
emergency.
6. To hold hearings,  subpoena  witnesses,  compel  their  attendance,
administer  oaths,  to  examine  any person under oath and in connection
therewith to require the production of any books or records relative  to
the  inquiry. A subpoena issued under this section shall be regulated by
the civil practice law and rules.
7. To appoint any necessary directors, deputies, counsels, assistants,
investigators,  and  other  employees  within  the  limits  provided  by
appropriation.  Directors,  deputies  and  counsels, including the chief
equity officer, and confidential secretaries to board members  shall  be
in  the  exempt  class  of  the  civil  service.  The  other assistants,
investigators  and  employees  of  the  office  shall  all  be  in   the
competitive  class  of  the  civil  service  and shall be considered for

purposes of article fourteen of the  civil  service  law  to  be  public
employees  of  the  state,  and  shall  be  assigned  to the appropriate
bargaining unit. Investigators so employed by the office shall be deemed
to  be  peace officers only for the purposes of enforcing the provisions
of this chapter or judgments or orders obtained for  violation  thereof,
with  all the powers set forth in section 2.20 of the criminal procedure
law. Employees transferred to the office shall  be  transferred  without
further  examination  or qualification to the same or similar titles and
shall remain in the same collective bargaining units  and  shall  retain
their  respective  civil  service  classifications,  status  and  rights
pursuant to their collective bargaining units and collective  bargaining
agreements. Employees serving in positions in newly created titles shall
be  assigned to the appropriate collective bargaining unit as they would
have  been  assigned  to  were  such  titles  created   prior   to   the
establishment  of  the  office  of cannabis management. Any action taken
under this subdivision shall be subject to and in  accordance  with  the
civil  service  law.  The  executive  director  shall  appoint  a deputy
director for health and safety who  shall  be  a  licensed  health  care
practitioner within the state and who shall oversee all clinical aspects
of the office.
8.  To  conduct  regulatory  inspections  of  any  place  of business,
including a vehicle used for  such  business,  where  medical  cannabis,
adult-use  cannabis,  cannabis, cannabis product, cannabinoid hemp, hemp
extract products, or any products  marketed  or  labeled  as  such,  are
cultivated, processed, stored, distributed or sold by any person holding
a  registration, license, or permit under this chapter, or by any person
who is engaging in activity for which a license would be required  under
this  chapter. For the purposes of this subdivision, "place of business"
shall not include a residence or other real property not otherwise  held
out  as  open to the public or otherwise being utilized in a business or
commercial manner or any private vehicle  on  or  about  the  same  such
property,  unless  probable cause exists to believe that such residence,
real property, or vehicle are being used in such business or  commercial
manner for the activity described herein.
9.  To prescribe forms of applications for registrations, licenses and
permits under this chapter and of all reports deemed  necessary  by  the
board.
10. To appoint such advisory groups and committees as deemed necessary
to  provide  assistance  to  the  board  to  carry  out the purposes and
objectives of this chapter.
11. To exercise the powers and perform the duties in relation  to  the
administration of the board and the office of cannabis management as are
necessary but not specifically vested by this chapter, including but not
limited to budgetary and fiscal matters.
12. To develop and establish minimum criteria for certifying employees
to  work  in  the  cannabis  industry  in  positions  requiring advanced
training and education.
13.  To  enter  into  contracts,  memoranda  of   understanding,   and
agreements as deemed appropriate to effectuate the policy and purpose of
this chapter.
14.   To  advise  the  office  of  cannabis  management  and/or  urban
development corporation in making low interest or zero-interest loans to
qualified social and economic equity applicants as provided for in  this
chapter.
15.  If  public  health,  safety,  or  welfare  imperatively  requires
emergency action, and incorporates a finding to that effect in an order,
summary suspension of a license may be ordered, effective  on  the  date
specified  in  such  order  or  upon service of a certified copy of such

order on the licensee, whichever shall be later, pending proceedings for
revocation  or  other  action.  These  proceedings  shall  be   promptly
instituted  and  determined.  In  addition, the board may be directed to
order the administrative seizure of product, issue a stop order, or take
any  other  action  necessary  to  effectuate and enforce the policy and
purpose of this chapter.
16. To draft and provide for public  comment  and  issue  regulations,
declaratory rulings, guidance and industry advisories.
17. To draft and provide an annual report on the effectiveness of this
chapter.  The  annual report shall be prepared, in consultation with the
division  of  the  budget,  the  urban  development   corporation,   the
department of taxation and finance, the department of health, department
of  agriculture  and markets, office of addiction services and supports,
office of mental health, New York  state  police,  department  of  motor
vehicles and the division of criminal justice services. The report shall
provide, but not be limited to, the following information:
(a)  the number of registrations, licenses, and permits applied for by
geographic region of the state; the number of  registrations,  licenses,
and permits approved or denied by geographic region of the state;
(b)  the  economic  and  fiscal  impacts associated with this chapter,
including revenue from licensing  or  other  fees,  fines  and  taxation
related  to  the  cultivation,  distribution  and  sale  of cannabis for
medical and adult-use and cannabinoid hemp  and  hemp  extract  in  this
state;
(c)  specific programs and progress made by the cannabis control board
and the office of cannabis management in  achieving  the  goals  of  the
social  and  economic  equity  plan,  and  other  social  justice  goals
including, but  not  limited  to,  restorative  justice,  minority-  and
women-owned   businesses,   distressed   farmers  and  service  disabled
veterans;
(d) demographic data on owners and employees in the medical  cannabis,
adult-use cannabis and cannabinoid hemp and hemp extract industry;
(e)  impacts  to  public  health  and  safety, including substance use
disorder;
(f) impacts associated with public safety, including, but not  limited
to,  traffic-related  issues,  law  enforcement, under-age prevention in
relation to accessing adult-use cannabis, and efforts to  eliminate  the
illegal market for cannabis products in New York;
(g) any other information or data deemed significant; and
(h)  the  board  shall  make recommendations regarding the appropriate
level of taxation of adult-use cannabis, as well  as  changes  necessary
to:    improve  registration,  licensing  and  permitting; promoting and
encouraging social and economic equity applicants; improve  and  protect
the  public  health  and  safety  of  New  Yorkers;  improve  access and
availability for substance  abuse  treatment  programs;  and  any  other
recommendations  deemed  necessary and appropriate. Such report shall be
published on the office's website and presented  to  the  governor,  the
majority  leader of the senate and the speaker of the assembly, no later
than January first, two thousand twenty-three and annually thereafter.
18. When an administrative decision is appealed to  the  board  by  an
applicant, registered organization, licensee or permittee, issue a final
determination of the office.
19.  Approve  the opening of new license application periods, and when
new or additional licenses are made available pursuant to this  chapter,
provided, however, that the initial adult-use cannabis retail dispensary
license  application  period  shall  be opened for all applicants at the
same time.
20. Approve any price quotas or price controls set  by  the  executive
director as provided by this chapter.
21.  Approve  the office's social and economic equity plan pursuant to
section eighty-four of this chapter.
22. To enter into tribal-state compacts with the New York state Indian
nations and tribes, as  defined  by  section  two  of  the  Indian  law,
authorizing   such   Indian  nations  or  tribes  to  acquire,  possess,
manufacture, sell, deliver, transport, distribute or dispense  adult-use
cannabis and/or medical cannabis.
23.  With  the  exception  of  promulgating rules and regulations, the
board shall have the power to delegate any functions, powers and  duties
as  provided for in this section to the executive director of the office
of  cannabis  management.  Any  such  delegation  shall  be  through   a
resolution voted on and approved by the board members.
24. The board shall, two years after the first retail sale pursuant to
this  chapter,  review the impact of licenses issued pursuant to article
four of this chapter with substantial market share for any  category  of
licensure,  to determine if such licensees are impairing the achievement
of the goals of inclusion of social equity licensees, fairness for small
businesses and distressed farmers, adequate  supplies  of  cannabis  and
prevention   of  dominant  marketplace  participation  in  the  cannabis
industry. The board may modify  the  terms  of  the  licensee's  license
consistent with the determination and to better achieve those goals. Any
such  modification  may be appealed by the licensee for a formal hearing
as provided in section seventeen of this article. For any licensee  such
review  shall  include  violations of New York state labor law and labor
peace agreements. Further, an existing collective  bargaining  agreement
shall  not  be infringed or voided by any licensee who after such review
suffers from a reduction in market share.