2023 New York Laws › CAN - Cannabis › Article 6 - General Provisions › 138-A - Action for Unlawful Business Practices Relating to Cannabis.

§  138-a. Action for unlawful business practices relating to cannabis.
  The board or the office of cannabis management shall, in accordance with
  the authority otherwise conferred in this chapter,  have  the  authority
  to:
1.  order  any  person  who  is  unlawfully  cultivating,  processing,
  distributing or selling cannabis, cannabis product, cannabinoid hemp  or
  hemp extract product, or any product marketed or labeled as such in this
  state without obtaining the appropriate registration, license, or permit
  therefor,  or  engaging  in  an  indirect  retail  sale  to  cease  such
  prohibited conduct;
2. seize any cannabis, cannabis  product,  cannabinoid  hemp  or  hemp
  extract  product,  or  any product marketed or labeled as such, found in
  the  possession  of  a  person  engaged  in  the  conduct  described  in
  subdivision one of this section and their place of business, including a
  vehicle used for such business;
3.  initiate  or  refer  the matter to the board for an administrative
  proceeding to enforce the provisions of this section;
4. seek injunctive relief against any person engaging  in  conduct  in
  violation of this section;
5. request that the attorney general obtain judicial enforcement of an
  order issued under subdivision one of this section or bring an action or
  proceeding  for any relief otherwise authorized under this chapter for a
  violation of this chapter, including  the  recovery  of  any  applicable
  civil penalties;
6.  in  connection  with any regulatory inspection or investigation or
  action thereafter, review, seize and copy records;
7. in connection with any action  or  proceeding  authorized  by  this
  chapter,  request  that  the  attorney  general or any police officer or
  peace officer seize  or  remove  and  hold  as  evidence  all  material,
  equipment, and instrumentalities used in the creation and maintenance of
  the conduct described in subdivision one of this section;
8.  upon receipt of one or more complaints that a person is engaged in
  conduct described in subdivision one of this section  or  in  connection
  with  any  inspection or subsequent investigation of a person engaged in
  the  conduct  described  in  subdivision  one  of  this  section,  issue
  subpoenas  to  any  owners,  managers,  or  employees of such person for
  information regarding the person and the conduct;
9. with the assistance of law  enforcement,  seize  or  impound  other
  property used in furtherance of the conduct described in subdivision one
  of this section;
10.  upon  an  ex parte order to a court, request the court to issue a
  restraining order freezing liquid assets to enforce  the  provisions  of
  this  section  and  section  sixteen-a  of  this chapter and section one
  hundred thirty-two of this article;
11. in accordance with the procedures outlined in section one  hundred
  thirty-eight-b  of  this  chapter,  issue and execute an order to seal a
  building or premises of any unlicensed businesses in which any person is
  engaged in conduct in violation of this section or section  one  hundred
  twenty-five or one hundred thirty-two of this article;
12. upon receipt of one or more complaints that a person is engaged in
  conduct  described  in subdivision one of this section, apply or request
  that the attorney general apply for an ex parte  order  to  the  supreme
  court  in  the  county  in which the place of business is located for an
  order granting the office or board access to such place of business. The
  court may grant such an order it if determines, based  on  the  evidence
  presented,  that there is reasonable cause to believe that such place of
  business is the same place of business for which the office has received
  such complaints;
13. upon finding a violation of this section by a holder of a  license
  issued  by  the  state  liquor  authority,  a registration issued by the
  commissioner of taxation and  finance  to  sell  cigarettes  or  tobacco
  products  at  retail,  a  registration  issued  by  the  commissioner of
  taxation  and  finance  to  sell  vapor products at retail, or a lottery
  sales agent license issued by the  division  of  lottery,  (a)  issue  a
  notice  of  violation  to  the  holder  or an agent thereof that clearly
  states (i) that the holder's state licenses, permits,  or  registrations
  may  be  at  risk of revocation or suspension and (ii) that the holder's
  business premises may  be  subject  to  an  order  to  seal  if  upon  a
  subsequent  inspection  the office finds that the violation has not been
  abated, and (b) notify the agency that issued the authorization that the
  holder is in violation of this section; and
14. if any penalty is not paid within six  months,  enter  the  amount
  thereof as a judgment in the office of the clerk of the county of Albany
  and  in  any  other  county  in which the person resides, has a place of
  business, or through which it operates. If such judgment  has  not  been
  satisfied  within  thirty  days thereafter, no license, registration, or
  permit shall be issued by the board  to  such  person  for  three  years
  thereafter.