reglab/statecodes huggingface dataset:
2023 New York Laws › CAN - Cannabis › Article 3 - Medical Cannabis › 45 - Pricing.

§  45. Pricing. Registered organizations shall submit documentation to
  the executive director of any change in pricing per dose for any medical
  cannabis product within fifteen days of such change. Prior  approval  by
  the  executive  director  shall  not  be  required  for any such change;
  provided however that the board is authorized to modify  the  price  per
  dose  for  any  medical cannabis product if necessary to maintain public
  access to appropriate medication.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 61 - License Application.

§ 61. License  application. 1. Any person may apply to the board for a
  license to cultivate, process, distribute, deliver or dispense  cannabis
  within  this  state  for  sale. Such application shall be in writing and
  verified and shall contain such information as the board shall  require.
  Such application shall be accompanied by a check or draft for the amount
  required  by  this  article for such license. If the board shall approve
  the application, it shall issue a license  in  such  form  as  shall  be
  determined by its rules. Such license shall contain a description of the
  licensed premises and in form and in substance shall be a license to the
  person   therein   specifically   designated   to   cultivate,  process,
  distribute,  deliver  or  dispense  cannabis  in  the  premises  therein
  specifically licensed.
2.  Except  as  otherwise provided in this article, a separate license
  shall be required for each facility at  which  cultivation,  processing,
  distribution or retail dispensing is conducted.
3. An applicant shall not be denied a license under this article based
  solely  on a conviction for a violation of article two hundred twenty or
  section 240.36 of the penal law, prior to the date article  two  hundred
  twenty-one of the penal law took effect, a conviction for a violation of
  article  two  hundred twenty-one of the penal law, or a conviction for a
  violation of article two hundred twenty-two of the penal law  after  the
  effective date of this chapter.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 63 - Fees.

§ 63. Fees. 1. The board shall have the authority to charge applicants
  for  licensure under this article a non-refundable application fee. Such
  fee may be based on the type of  licensure  sought,  cultivation  and/or
  production   volume,   or   any  other  factors  deemed  reasonable  and
  appropriate by the board to achieve  the  policy  and  purpose  of  this
  chapter.
1-a.  The  board  shall also have the authority to assess a registered
  organization with a one-time special  licensing  fee  for  a  registered
  organization   adult-use   cultivator   processor,   distributor  retail
  dispensary  license.  Such  fee  shall  be  assessed  at  an  amount  to
  adequately  fund  social  and  economic  equity and incubator assistance
  pursuant to this article and  paragraph  (c)  of  subdivision  three  of
  section ninety-nine-ii of the state finance law. Provided, however, that
  the board shall not allow registered organizations to dispense adult-use
  cannabis  from  more  than  three  of  their medical cannabis dispensing
  locations. The timing and manner in which registered  organizations  may
  be   granted  such  authority  shall  be  determined  by  the  board  in
  regulation.
2. The board shall have the authority to charge licensees  a  biennial
  license  fee.  Such  fee  shall be based on the amount of cannabis to be
  cultivated, processed, distributed and/or dispensed by the  licensee  or
  the  gross  annual  receipts  of  the  licensee for the previous license
  period, and any other factors deemed reasonable and appropriate  by  the
  board.
3.  The  board shall waive or reduce fees pursuant to this section for
  social and economic equity applicants.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 65 - Limitations of Licensure; Duration.

§  65.  Limitations  of licensure; duration. 1. No license of any kind
may be issued to a person under the age of twenty-one years,  nor  shall
any licensee employ anyone under the age of eighteen years. Any employee
eighteen years of age or older but under twenty-one years of age may not
have direct interaction with customers inside a licensed retail store.
2.  (a)  No  licensee  shall  sell,  deliver, or give away or cause or
permit or procure to be sold, delivered or given away  any  cannabis  or
cannabis product to any person, actually or apparently, under the age of
twenty-one years or any visibly intoxicated person.
(b) It shall be an affirmative defense that such person had produced a
photographic  identification  card  apparently  issued by a governmental
entity and that the cannabis had been sold, delivered or given  to  such
person  in  reasonable  reliance upon such identification. In evaluating
the applicability of such affirmative defense, the board shall take into
consideration any written policy or training adopted and implemented  by
the licensee to prevent sales to minors.
3. No licensee or permittee shall knowingly sell, deliver or give away
or  cause  or permit or procure to be sold, delivered or given away to a
lawful cannabis consumer any amount of cannabis which  they  know  would
cause the lawful cannabis consumer to be in violation of this chapter or
possession  limits  established by article two hundred twenty-two of the
penal law.
4. The board, on the recommendation  of  the  office  shall  have  the
authority  to  limit,  by  canopy,  plant count, square footage or other
means,  the  amount  of  cannabis  allowed  to  be   grown,   processed,
distributed or sold by a licensee.
5.  All  licenses  under this article shall expire two years after the
date of issue.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 66 - License Renewal.

§  66.  License  renewal.  1.  Each  license,  issued pursuant to this
  article, may be renewed upon application therefore by the  licensee  and
  the  payment  of the fee for such license as prescribed by this article.
  In the case of applications for renewals, the board  may  dispense  with
  the  requirements  of such statements as it deems unnecessary in view of
  those contained in the application made for the original license, but in
  any event the submission of photographs of the licensed  premises  shall
  be  dispensed with, provided the applicant for such renewal shall file a
  statement with the board to the effect that there has been no alteration
  of such premises since the original license was issued.  The  board  may
  make  such  rules  as  it  deems  necessary,  not inconsistent with this
  chapter, regarding applications for renewals of licenses and permits and
  the time for making the same.
2. Each applicant must submit  to  the  office  documentation  of  the
  racial,  ethnic,  and  gender diversity of the applicant's employees and
  owners prior to a license being renewed. In addition,  the  board  shall
  consult with the chief equity officer and executive director to create a
  social  responsibility  framework agreement that fosters racial, ethnic,
  and gender diversity in their workplace and make the adherence  to  such
  agreement a conditional requirement of license renewal.
3.  The  board  shall  provide an application for renewal of a license
  issued under this article  not  less  than  ninety  days  prior  to  the
  expiration of the current license.
4.  The  board  may  only  issue a renewal license upon receipt of the
  prescribed renewal application and renewal fee from a  licensee  if,  in
  addition  to the criteria in this section, the licensee's license is not
  under suspension and has not been revoked.
5. Each applicant  must  maintain  a  labor  peace  agreement  with  a
  bona-fide labor organization that is actively engaged in representing or
  attempting to represent the applicant's employees and the maintenance of
  such  a  labor peace agreement shall be an ongoing material condition of
  licensure.
6. Each applicant must provide evidence of the execution of their plan
  for benefitting communities and  people  disproportionally  impacted  by
  cannabis  law  enforcement  required  for  initial licensing pursuant to
  section sixty-four of this article.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 67 - Amendments; Changes in Ownership and Organizational Structure.

§  67.  Amendments; changes in ownership and organizational structure.
1.  Licenses issued pursuant to this article shall specify:
(a) the name and address of the licensee;
(b) the activities permitted by the license;
(c) the land, buildings and  facilities  that  may  be  used  for  the
licensed activities of the licensee;
(d) a unique license number issued by the board to the licensee; and
(e) such other information as the board shall deem necessary to assure
compliance with this chapter.
2.  Upon  application  of  a  licensee  to the board, a license may be
amended to allow the licensee to relocate within the state,  to  add  or
delete  licensed  activities or facilities, or to amend the ownership or
organizational structure of the entity that is the licensee.  The  board
shall establish a fee for such amendments.
3.  A  license shall become void by a change in ownership, substantial
corporate change or location  without  prior  written  approval  of  the
board.  The  board may promulgate regulations allowing for certain types
of changes in ownership without the need for prior written approval.
4. For purposes of this section, "substantial corporate change"  shall
mean:
(a)  for  a  corporation, a change of fifty-one percent or more of the
officers and/or directors, or a transfer of fifty-one percent or more of
stock  of  such  corporation,  or  an  existing  stockholder   obtaining
fifty-one percent or more of the stock of such corporation; or
(b)  for a limited liability company, a change of fifty-one percent or
more of the managing members of the company, or a transfer of  fifty-one
percent  or  more  of ownership interest in said company, or an existing
member obtaining a cumulative  of  fifty-one  percent  or  more  of  the
ownership interest in said company; or
(c)  for  a  partnership, a change of fifty-one percent or more of the
managing partners of the company, or a transfer of fifty-one percent  or
more  of  ownership  interest  in  said  company,  or an existing member
obtaining a cumulative of fifty-one percent or  more  of  the  ownership
interest in said company.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 68 - Adult-Use Cultivator License.

§  68.  Adult-use  cultivator  license.  1.  An adult-use cultivator's
  license  shall  authorize  the  acquisition,  possession,  distribution,
  cultivation  and  sale  of  cannabis  from  the licensed premises of the
  adult-use cultivator by such licensee to  duly  licensed  processors  in
  this  state.    The  board  may  establish regulations allowing licensed
  adult-use cultivators to perform certain  types  of  minimal  processing
  without the need for an adult-use processor license.
2. For purposes of this section, cultivation shall include, but not be
  limited  to, the agricultural production practices of planting, growing,
  cloning, harvesting, drying, curing, grading and trimming of cannabis.
3. A person holding an adult-use cultivator's license may  apply  for,
  and obtain, one processor's license and one distributor's license solely
  for the distribution of their own products.
4.  A  person  holding  an adult-use cultivator's license may not also
  hold a retail  dispensary  license  pursuant  to  this  article  and  no
  adult-use  cannabis cultivator shall have a direct or indirect interest,
  including by stock ownership, interlocking directors, mortgage or  lien,
  personal  or real property, management agreement, share parent companies
  or affiliated  organizations,  or  any  other  means,  in  any  premises
  licensed  as  an adult-use cannabis retail dispensary or in any business
  licensed as an adult-use cannabis retail dispensary or in any registered
  organization registered pursuant to article three of this chapter.
5. No person may have a direct or indirect  financial  or  controlling
  interest  in  more than one adult-use cultivator license issued pursuant
  to this chapter, provided that  one  adult-use  cultivator  license  may
  authorize  adult-use  cultivation  in more than one location pursuant to
  criteria established by the board in regulation.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 68-A - Registered Organization Adult-Use Cultivator Processor Distributor Retail Dispensary License.

§   68-a.   Registered  organization  adult-use  cultivator  processor
  distributor retail dispensary  license.  1.  A  registered  organization
  cultivator  processor  distributor  retail dispensary license shall have
  the same authorization and conditions as adult-use cultivator, adult-use
  processor,  adult-use  distributor  and  adult-use   retail   dispensary
  licenses  issued  pursuant  to  this  article provided, however that the
  location of its adult-use dispensaries shall be limited to only three of
  the  organization's  medical  dispensaries'  premises   and   facilities
  authorized  pursuant  to  article three of this chapter, and that it may
  only distribute its own products. Provided further that such  registered
  organization  shall  maintain  its medical cannabis license and continue
  offering medical cannabis to a degree established by regulation  of  the
  board.  Such  license  does  not qualify such organization for any other
  adult-use license.
2. A person holding a  registered  organization  adult-use  cultivator
  processor  distributor  retail  dispensary  license  may  not  also hold
  another retail dispensary  license  pursuant  to  this  article  and  no
  registered   organization  adult-use  cultivator  processor  distributor
  retail dispensary shall have a direct or indirect interest, including by
  stock ownership, interlocking directors, mortgage or lien,  personal  or
  real   property,   management   agreement,  share  parent  companies  or
  affiliated organizations, or any other means, in any  premises  licensed
  as  an  adult-use cannabis retail dispensary or in any business licensed
  as an adult-use cannabis retail dispensary.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 68-B - Registered Organization Adult-Use Cultivator, Processor and Distributor License.

§  68-b.  Registered  organization adult-use cultivator, processor and
  distributor license. A registered organization cultivator, processor and
  distributor license shall have the same authorization and conditions  as
  an  adult-use  cultivator, processor, and distributor license, provided,
  however, that such license does not qualify such  organization  for  any
  other  adult-use  license and may only authorize the distribution of the
  licensee's own products.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 69 - Adult-Use Processor License.

§  69.  Adult-use  processor  license.  1. A processor's license shall
  authorize the acquisition, possession, processing and sale  of  cannabis
  from  the licensed premises of the adult-use cultivator by such licensee
  to duly  licensed  processors  or  distributors.  A  person  holding  an
  adult-use   processor's   license   may   apply  for,  and  obtain,  one
  distributor's license solely for the distribution of their own products.
2. For purposes of this section, processing shall include, but not  be
  limited   to,   blending,  extracting,  infusing,  packaging,  labeling,
  branding and otherwise making or preparing cannabis products. Processing
  shall not include the cultivation of cannabis.
3. No processor shall be engaged in any other business on the premises
  to be licensed; except  that  a  person  issued  an  adult-use  cannabis
  cultivator, processor, and/or distributor license or a processor who has
  also  been issued a hemp grower license by the department of agriculture
  and markets or a cannabinoid hemp processor license under  this  chapter
  may hold and operate all issued licenses on the same premises.
4.  No  cannabis  processor  licensee  may hold more than one cannabis
  processor license provided a  single  license  may  authorize  processor
  activities  at  multiple  locations,  as  set  out in regulations by the
  board.
5. No adult-use cannabis processor shall have  a  direct  or  indirect
  interest, including by stock ownership, interlocking directors, mortgage
  or  lien,  personal or real property, management agreement, share parent
  companies or  affiliated  organizations  or  any  other  means,  in  any
  premises  licensed  as an adult-use cannabis retail dispensary or in any
  business licensed as an adult-use cannabis retail dispensary or  in  any
  registered  organization  registered  pursuant  to article three of this
  chapter.
6. Adult-use processor licensees  are  subject  to  minimum  operating
  requirements as determined by the board in regulation.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 70 - Adult-Use Cooperative License.

§  70.  Adult-use  cooperative license. 1. A cooperative license shall
authorize  the   acquisition,   possession,   cultivation,   processing,
distribution  and  sale  from  the  licensed  premises  of the adult-use
cooperative by such licensee  to  duly  licensed  distributors,  on-site
consumption  sites,  registered organization and/or retail dispensaries;
but not directly to cannabis consumers.
2. To be licensed as an adult-use cooperative, the cooperative must:
(a) be comprised of residents of the state of New York  as  a  limited
liability company or limited liability partnership under the laws of the
state, or an appropriate business structure as determined and authorized
by the board;
(b)  subordinate capital, both as regards control over the cooperative
undertaking, and as regards the  ownership  of  the  pecuniary  benefits
arising therefrom;
(c)  be  democratically  controlled  by  the members themselves on the
basis of one vote per member;
(d) vest in and allocate with priority to and among the members of all
increases arising from their cooperative endeavor in proportion  to  the
members' active participation in the cooperative endeavor; and
(e)  the  cooperative  must operate according to the seven cooperative
principles  published  by  the  International  Cooperative  Alliance  in
nineteen hundred ninety-five.
3.  A  cooperative member shall be a natural person and shall not be a
member of more than one adult-use cooperative licensed pursuant to  this
section.
4. No natural person or member of an adult-use cooperative license may
have a direct or indirect financial or controlling interest in any other
adult-use cannabis license issued pursuant to this chapter.
5.  No  adult-use cannabis cooperative shall have a direct or indirect
interest, including by stock ownership, interlocking directors, mortgage
or lien, personal or real property, or any other means, in any  premises
licensed  as  an adult-use cannabis retail dispensary or in any business
licensed as an adult-use cannabis retail  dispensary  pursuant  to  this
chapter.
6.  The  board  shall  promulgate  regulations  governing  cooperative
licenses, including, but not limited to,  the  establishment  of  canopy
limits  on  the  size  and  scope  of  cooperative  licensees, and other
measures designed to incentivize the use and licensure of cooperatives.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 71 - Adult-Use Distributor License.

§  71. Adult-use distributor license. 1. A distributor's license shall
  authorize the acquisition, possession, distribution and sale of cannabis
  from  the  licensed  premises  of  a  licensed   adult-use   cultivator,
  processor,   adult-use   cooperative,   microbusiness,   or   registered
  organization authorized pursuant  to  this  chapter  to  sell  adult-use
  cannabis,  to  duly licensed retail dispensaries and on-site consumption
  sites.
2. No distributor shall have a direct or indirect economic interest in
  any  microbusiness,  adult-use  retail  dispensary,  adult-use   on-site
  consumption  licensee  or  in  any  registered  organization  registered
  pursuant to article three of this chapter. This  restriction  shall  not
  prohibit  a  registered  organization  authorized  pursuant  to  section
  thirty-nine of this chapter, from being granted licensure by  the  board
  to  distribute  adult-use  cannabis products cultivated and processed by
  the registered organization to licensed adult-use retail dispensaries.
3. Any distributor with a direct or indirect interest  in  a  licensed
  cultivator  or  processor,  shall  only  distribute cannabis or cannabis
  products cultivated and/or processed by such licensee.
4. Nothing  in  subdivision  two  of  this  section  shall  prevent  a
  distributor  from  charging an appropriate fee, authorized by the board,
  for the distribution of cannabis,  including  based  on  the  volume  of
  cannabis distributed.
5.  Adult-use  distributor  licensees are subject to minimum operating
  requirements as determined by the board in regulation.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 72 - Adult-Use Retail Dispensary License.

§  72.  Adult-use  retail  dispensary  license. 1. A retail dispensary
  license shall authorize the acquisition, possession, sale  and  delivery
  of  cannabis from the licensed premises of the retail dispensary by such
  licensee to cannabis consumers.
2. No person may have a direct or indirect  financial  or  controlling
  interest  in more than three adult-use retail dispensary licenses issued
  pursuant to this chapter.
3. No person holding a retail dispensary  license  may  also  hold  an
  adult-use   cultivation,   processor,   microbusiness,   cooperative  or
  distributor license pursuant to this  article  or  be  registered  as  a
  registered  organization  pursuant  to  article  three  of this chapter,
  except  for   such   organizations   licensed   pursuant   to   sections
  sixty-eight-a and sixty-eight-b of this article.
4.  No  retail  license  shall be granted for any premises, unless the
  applicant shall be the owner thereof, or shall be  able  to  demonstrate
  possession  of  the premises within thirty days of final approval of the
  license through a lease, management agreement or other agreement  giving
  the applicant control over the premises, in writing, for a term not less
  than the license period.
5.  With  the  exception  of  delivery  or microbusiness licensees, no
  premises shall be  licensed  to  sell  cannabis  products,  unless  said
  premises  shall  be  located in a store, the principal entrance to which
  shall be from the street level and located on a public  thoroughfare  in
  premises  which  may  be  occupied,  operated or conducted for business,
  trade or industry.
6. No cannabis retail licensee shall locate a storefront  within  five
  hundred  feet  of  a  school  grounds  as  such  term  is defined in the
  education law or within two hundred feet of a house of worship.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 73 - Microbusiness License.

§   73.  Microbusiness  license.  1.  A  microbusiness  license  shall
  authorize the limited cultivation, processing,  distribution,  delivery,
  and dispensing of their own adult-use cannabis and cannabis products.
2.  A  microbusiness  licensee  may  not  hold  any direct or indirect
  interest in any other license in this chapter and  may  only  distribute
  its own cannabis and cannabis products to dispensaries.
3.  The  size, scope and eligibility criteria of a microbusiness shall
  be determined in regulation  by  the  board  in  consultation  with  the
  executive  director  and  the chief equity officer. The granting of such
  licenses shall promote social and economic equity applicants as provided
  for in this chapter.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 74 - Delivery License.

§  74.  Delivery  license.  A  delivery  license  shall  authorize the
  delivery of cannabis and cannabis products by licensees  independent  of
  another adult-use cannabis license, provided that each delivery licensee
  may  have  a  total  of  no  more  than  twenty-five individuals, or the
  equivalent  thereof,  providing  full-time  paid  delivery  services  to
  cannabis  consumers per week under one license. For the purposes of this
  section the state cannabis advisory board shall provide  recommendations
  to the board for the application process, license criteria, and scope of
  licensed  activities  for  this  class  of license. No person may have a
  direct or indirect financial or controlling interest in  more  than  one
  delivery license. The granting of such licenses shall promote social and
  economic equity applicants as provided for in this chapter.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 75 - Nursery License.

§  75.  Nursery  license.  1.  A  nursery  license shall authorize the
  production, sale and distribution of clones, immature plants, seeds, and
  other  agricultural  products  used  specifically  for   the   planting,
  propagation,   and   cultivation   of  cannabis  by  licensed  adult-use
  cultivators, cooperatives, microbusinesses or registered  organizations.
  For   the   purposes   of   this   section,  the  office  shall  provide
  recommendations to  the  board  for  the  application  process,  license
  criteria and scope of licensed activities for this class of license. The
  granting  of  such  licenses  shall  promote  social and economic equity
  applicants as provided for in this chapter.
2. A person or entity holding an adult-use  cultivator's  license  may
  apply  for,  and  obtain,  one nursery license to sell directly to other
  cultivators, cooperatives, microbusinesses, or registered organizations.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 78 - Record Keeping and Tracking.

§  78. Record keeping and tracking. 1. The board shall, by regulation,
  require each licensee pursuant to this article  to  adopt  and  maintain
  security,  tracking,  record  keeping, record retention and surveillance
  systems,  relating  to  all  cannabis  at  every  stage  of   acquiring,
  possession,   manufacture,  sale,  delivery,  transporting,  testing  or
  distributing by the licensee, subject to regulations of the board.
2. Every licensee shall keep and maintain upon the licensed  premises,
  adequate  books  and  records of all transactions involving the licensee
  and sale of its products, which shall include, but is  not  limited  to,
  all  information  required  by  any rules promulgated by the board. Such
  regulations may require the  utilization  of  an  approved  seed-to-sale
  tracking   system   compiling   a   licensee's  cannabis  inventory  and
  transaction data.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 79 - Inspections and Ongoing Requirements.

§  79. Inspections and ongoing requirements. All licensed or permitted
  premises, regardless of the type of premises, and all records  including
  but  not  limited to financial statements and corporate documents, shall
  be  subject  to  inspection  by  the  office,  by  the  duly  authorized
  representatives  of  the  board, by any peace officer acting pursuant to
  his or her special duties, or by a police officer. The board shall  make
  reasonable  accommodations  so that ordinary business is not interrupted
  and  safety  and  security  procedures  are  not  compromised   by   the
  inspection.  A person who holds a license or permit must make himself or
  herself, or an agent thereof, available and present for  any  inspection
  required  by  the board. Such inspection may include, but is not limited
  to, ensuring compliance by the licensee or permittee  with  all  of  the
  requirements  of  this  article,  the  regulations  promulgated pursuant
  thereto, and other applicable state  and  local  building  codes,  fire,
  health, safety, and other applicable regulations.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 80 - Adult-Use Cultivators, Processors or Distributors Not to Be Interested in Retail Dispensaries.

§  80.  Adult-use  cultivators,  processors  or distributors not to be
interested in retail dispensaries. 1.  It  shall  be  unlawful  for  any
person  authorized  to  cultivate,  process,  or  distribute  under this
article to:
(a) be interested directly or indirectly in  any  premises  where  any
cannabis  product  is sold at retail, including for on-site consumption;
or in any business devoted wholly or partially to the sale  or  delivery
of any cannabis product at retail, including for on-site consumption, by
stock  ownership,  interlocking  directors,  mortgage  or  lien  or  any
personal or real property, or by any other means;
(b) make, or cause to be made, any loan to any person engaged  in  the
manufacture or sale of any cannabis product at wholesale or retail;
(c)  make  any  gift  or  render  any  service of any kind whatsoever,
directly or indirectly, to any person licensed under this chapter  which
in the judgment of the board may influence such licensee to purchase the
product of such cultivator or processor or distributor; or
(d)  enter  into  any  contract  or agreement with any retail, on-site
consumption or delivery licensee whereby such licensee agrees to confine
his or her sales to cannabis products manufactured or  sold  by  one  or
more such cultivator or processors or distributors. Any such contract or
agreement  shall  be  void  and  subject  the  licenses  of  all parties
concerned to revocation for  cause  and  any  applicable  administrative
enforcement and penalties.
2.  The  provisions  of  this  section shall not prohibit a registered
organization authorized pursuant to section thirty-nine or sixty-eight-a
of  this  chapter,  or  microbusiness  authorized  pursuant  to  section
seventy-three  of this chapter, from cultivating, processing, or selling
adult-use cannabis under this article, at facilities  wholly  owned  and
operated  by  such  registered organization or microbusiness, subject to
any conditions, limitations or restrictions established by this chapter.
3. The board shall develop rules and regulations  in  regard  to  this
section.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 81 - Packaging, Labeling, and Administration of Adult-Use Cannabis Products.

§  81.  Packaging,  labeling, and administration of adult-use cannabis
products. 1. The board is hereby  authorized  to  promulgate  rules  and
regulations  governing  the advertising, branding, marketing, packaging,
labeling and unconventional methods of administration or  ingestion,  of
cannabis  products,  sold  or  possessed  for  sale  in  New York state,
including rules pertaining to the  accuracy  of  information  and  rules
restricting marketing and advertising to youth.
2.  Such  regulations  shall include, but not be limited to, requiring
that:
(a) packaging  meets  requirements  similar  to  the  federal  "poison
prevention packaging act of 1970," 15 U.S.C. Sec 1471 et seq.;
(b)  prior  to  delivery  or sale at a retailer, cannabis and cannabis
products shall be labeled according  to  regulations  and  placed  in  a
resealable, child-resistant package; and
(c)  packages,  labels,  shapes  and  products shall not be made to be
attractive to or target persons under the age of twenty-one.
3. Such regulations shall include requiring labels  warning  consumers
of  any  potential impact on human health resulting from the consumption
of cannabis products that shall be affixed to those products when  sold,
if  such  labels  are  deemed  warranted  by the board and may establish
standardized and/or uniform  packaging  and  labeling  requirements  for
adult-use products.
4.  Such  rules and regulations shall establish methods and procedures
for determining serving sizes for  cannabis  products,  active  cannabis
concentration  per serving size, and number of servings per container or
package, and the methods of separating or clearly  delineating  servings
within  a  container  or  package.  Such  regulations may also require a
nutritional or supplement fact panel that  incorporates  data  regarding
serving sizes and potency thereof.
5.  Such  rules and regulations shall establish approved product types
and forms and establish an application and review process  to  determine
the   suitability   of   new   product  types  and  forms,  taking  into
consideration the consumer and public health and safety implications  of
different  product varieties, manufacturing processes, product types and
forms, the means and methods of administration associated with  specific
product  types,  and  any  other  criteria  identified  by the board for
consideration to protect public health and safety.
6. Such regulations shall also require product  labels  to  accurately
display the total THC of each product.
7.  The packaging, sale, marketing, branding, advertising, labeling or
possession by any licensee  of  any  cannabis  product  not  labeled  or
offered   in  conformity  with  rules  and  regulations  promulgated  in
accordance with this section shall be grounds for the  imposition  of  a
fine,  and/or the suspension, revocation or cancellation of a license in
accordance with the provisions of this chapter.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 82 - Laboratory Testing.

§  82.  Laboratory  testing.  1. Every processor of adult-use cannabis
shall contract with an  independent  laboratory  permitted  pursuant  to
section  one  hundred  twenty-nine of this chapter, to test the cannabis
products it produces pursuant to rules and regulations prescribed by the
office.  The board may assign an approved testing laboratory, which  the
processor  of  adult-use  cannabis must use, and may establish consortia
with neighboring states, to inform best practices, and share  laboratory
data.
2.  Adult-use  cannabis  processors, microbusinesses, cooperatives and
registered organizations shall make laboratory test reports available to
licensed distributors,  retail  dispensaries,  and  on-site  consumption
sites  for  all  cannabis  products  manufactured  by  the  processor or
licensee.
3. Licensed retail dispensaries shall maintain accurate  documentation
of laboratory test reports for each cannabis product offered for sale to
cannabis  consumers. Such documentation shall be made publicly available
by the licensed retail dispensary.
4. Onsite laboratory testing by licensees is  permissible  subject  to
regulation;  however,  such  testing shall not be certified by the board
and does not exempt  the  licensee  from  the  requirements  of  quality
assurance testing at a testing laboratory pursuant to this section.
5.  An  owner of a cannabis laboratory testing permit shall not hold a
license, or interest in a license, in any  other  category  within  this
article  and  shall  not  own or have ownership interest in a registered
organization registered pursuant to article three of this chapter  or  a
cannabinoid  hemp  processor  license  pursuant  to article five of this
chapter.
6. The board shall have the authority to require  any  licensee  under
this  article  to  submit  cannabis  or cannabis products to one or more
independent laboratories  for  testing  and  the  board  may  promulgate
regulations  related  to  all aspects of third-party testing and quality
assurance including but not limited to:
(a) minimum testing and sampling requirements;
(b) testing and sampling methodologies;
(c) testing reporting requirements;
(d) retesting; and
(e) product quarantine, hold, recall, and remediation.
2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 86 - Adult-Use Cannabis Advertising and Marketing.

§ 86. Adult-use cannabis advertising and marketing. 1. The board shall
promulgate  rules  and  regulations  governing  the  form and content of
advertising and marketing of licensed cannabis and any cannabis products
or services.
2.  The  board  shall  promulgate  regulations  for  advertising   and
marketing   content   including   but  not  limited  to  explicit  rules
prohibiting advertising that:
(a) is false, deceptive, or misleading;
(b) promotes overconsumption;
(c) depicts consumption;
(d) is designed in any way to appeal to children or other minors;
(e) is within or is readily observed within five hundred feet  of  the
perimeter  of  a  school  grounds, playground, child day care providers,
public park, or library;
(f) is in public transit vehicles and stations;
(g) is in the form of an unsolicited internet pop-up;
(h) is on publicly owned or operated property;
(i) makes medical claims or promotes adult-use cannabis for a  medical
or wellness purpose;
(j)  promotes  or  implements  discounts,  coupons,  or other means of
selling adult-use cannabis products below market value or whose discount
would subvert local and state tax collections;
(k) is in the form of a billboard; or
(l) fails to satisfy  any  other  advertising  or  marketing  rule  or
regulations   promulgated   by   the   board  related  to  marketing  or
advertising, not inconsistent with this chapter.
3. The board shall promulgate explicit rules prohibiting all marketing
strategies and implementation including, but not limited  to,  branding,
packaging,  labeling, location of cannabis retailers, and advertisements
that are designed to:
(a) appeal to  persons  less  then  twenty-one  years  of  age  and/or
populations   at-risk   of  increased  adverse  health  consequences  as
determined by the board in regulation; or
(b) disseminate false or misleading information to customers.
4. The board shall promulgate regulations requiring that:
(a) all advertisements and marketing accurately and  legibly  identify
the party or other business responsible for its content; and
(b)  any  broadcast,  cable,  radio,  print and digital communications
advertisements only be placed where the audience is reasonably  expected
to  be  twenty-one  years  of  age  or older, as determined by reliable,
up-to-date  audience  composition  data.  The  burden  of  proving  this
requirement  lies  with  the  party that has paid for or facilitated the
advertisement.
5.  The  board  may  establish  procedures  to  review   and   enforce
advertising and marketing requirements.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 91 - Rulemaking Authority.

§ 91. Rulemaking authority. The board may make regulations pursuant to
  this article for the processing, distribution, marketing, transportation
  and   sale  of  cannabinoid  hemp  and  hemp  extracts  used  for  human
  consumption, which may include, but not be limited to:
1.   Specifying   forms,    establishing    application,    reasonable
  administration and renewal fees, or license duration;
2.  Establishing  the  qualifications  and  criteria for licensing, as
  authorized by law;
3. The books and records to be created and maintained by licensees and
  lawful procedures for their inspection;
4. Any reporting requirements;
5. Methods  and  standards  of  processing,  labeling,  packaging  and
  marketing  of  cannabinoid  hemp,  hemp  extract  and  products  derived
  therefrom;
6. Procedures for how cannabinoid hemp, hemp extract  or  ingredients,
  additives, or products derived therefrom can be deemed as acceptable for
  sale in the state;
7.  Provisions  governing  the  modes  and  forms  of  administration,
  including inhalation;
8. Procedures for determining whether cannabinoid hemp,  hemp  extract
  or  ingredients,  additives,  or  products  derived  therefrom  produced
  outside  the  state  or  within  the  state  meet  the   standards   and
  requirements of this article and can therefore be sold within the state;
9. Procedures for the granting, cancellation, revocation or suspension
  of licenses, consistent with the state administrative procedures act;
10.   Restrictions   governing   the   advertising  and  marketing  of
  cannabinoid hemp, hemp extract and products derived therefrom;
11. Any other regulations necessary to implement this article;
12. Nothing in this article shall prevent the sale of cannabinoid hemp
  flower; provided however, that any cannabinoid hemp flower product  sold
  shall  be  limited to a person over twenty-one years of age and shall be
  subject to regulations promulgated by the board; provided  further  that
  such   regulations   shall  not  unduly  restrict  the  availability  of
  cannabinoid hemp flower; and
13. Any cannabinoid hemp flower product clearly labeled or  advertised
  for  the  purposes  of smoking, or in the form of a cigarette, cigar, or
  pre-roll,  or  packaged  or  combined  with  other  items  designed   to
  facilitate  smoking  such  as  rolling  papers  or  pipes, shall only be
  offered for sale in  adult-use  cannabis  retail  dispensaries  licensed
  pursuant to article four of this chapter.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 92 - Cannabinoid Hemp Processor License.

§ 92. Cannabinoid   hemp  processor  license.  1.  Persons  processing
  cannabinoid hemp or hemp extract used for human consumption, whether  in
  intermediate  or  final  form, shall be required to obtain a cannabinoid
  hemp processor license from the board.
2. A  cannabinoid  hemp  processor  license  authorizes  one  or  more
  specific  activities  related to the processing of cannabinoid hemp into
  products used for human consumption, whether in  intermediate  or  final
  form,  and  the  distribution  or  sale thereof by the licensee. Nothing
  herein shall prevent  a  cannabinoid  hemp  processor  from  processing,
  extracting  and  processing  hemp  products  not  to  be  used for human
  consumption.
3. Persons authorized to grow hemp pursuant to article twenty-nine  of
  the  agriculture  and  markets  law  are  not  authorized  to  engage in
  processing of cannabinoid hemp  or  hemp  extract  without  first  being
  licensed as a cannabinoid hemp processor under this article.
4.  This  article  shall  not  apply  to  hemp, cannabinoid hemp, hemp
  extracts or products derived therefrom  that  are  not  used  for  human
  consumption.    This  article  also shall not apply to hemp, cannabinoid
  hemp, hemp extracts or products derived therefrom that have been  deemed
  generally recognized as safe pursuant to federal law.
5.  The board shall have the authority to set reasonable fees for such
  license, to limit the activities permitted by such license, to establish
  the period during which such license is authorized, which shall  be  two
  years  or more, and to make rules and regulations necessary to implement
  this section.
6. Any person holding an active research  partnership  agreement  with
  the  department  of  agriculture and markets, authorizing that person to
  process cannabinoid hemp, shall be awarded licensure under this section,
  provided that the  research  partner  is  actively  performing  research
  pursuant  to  such  agreement and is able to demonstrate compliance with
  this  article,  as  determined  by  the  board,  after  notice  and   an
  opportunity to be heard.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 93 - Cannabinoid Hemp Retailer License.

§ 93. Cannabinoid   hemp   retailer   license.  1.  Retailers  selling
  cannabinoid hemp, in final form to consumers within the state, shall  be
  required to obtain a cannabinoid hemp retailer license from the board.
2.  The board shall have the authority to set reasonable fees for such
  license,  to  establish  the  period  during  which  such   license   is
  authorized,  which  shall  be  one  year  or more, and to make rules and
  regulations necessary to implement this section.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 94 - Cannabinoid License Applications.

§ 94. Cannabinoid  license  applications. 1. Persons shall apply for a
  license under this article by submitting  an  application  upon  a  form
  supplied by the board, providing all the relevant requested information,
  verified  by  the  applicant  or  an  authorized  representative  of the
  applicant.
2. A separate license shall be required for  each  facility  at  which
  processing  or  retail  sales  are  conducted; however, an applicant may
  submit one application for separate licensure at multiple locations.
3. Each applicant shall remit with its application the  fee  for  each
  requested license, which shall be a reasonable fee.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 95 - Information to Be Requested in Applications for Licenses.

§ 95. Information to be requested in applications for licenses. 1. The
  board  may  specify the manner and form in which an application shall be
  submitted to the board for licensure under this article.
2.  The  board  may  adopt  regulations  establishing  what   relevant
  information shall be included on an application for licensure under this
  article.   Such   information  may  include,  but  is  not  limited  to:
  information about the applicant's  identity;  ownership  and  investment
  information,  including  the corporate structure; evidence of good moral
  character; financial statements; information about the  premises  to  be
  licensed; information about the activities to be licensed; and any other
  relevant information specified in regulation.
3.  All  license  applications  shall be signed by the applicant if an
  individual, by a managing partner if a limited liability company, by  an
  officer  if  a  corporation,  or  by all partners if a partnership. Each
  person signing such application  shall  verify  it  as  true  under  the
  penalties of perjury.
4.  All license applications shall be accompanied by a check, draft or
  other forms of payment as the board may  require  or  authorize  in  the
  reasonable amount required by this article for such license.
5.  If there be any change, after the filing of the application or the
  granting, modification or renewal of a license, in any of  the  material
  facts  required  to  be  set  forth  in such application, a supplemental
  statement giving notice of such change, duly verified,  shall  be  filed
  with  the  board within ten days after such change. Failure to do so, if
  willful and deliberate, may be grounds for revocation of the license.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 96 - Fees.

§ 96. Fees.  The  board may charge licensees a reasonable license fee.
  Such fee may be based on the activities permitted by  the  license,  the
  amount  of cannabinoid hemp or hemp extract to be processed or extracted
  by the licensee, the gross annual  receipts  of  the  licensee  for  the
  previous   license  period,  or  any  other  factors  reasonably  deemed
  appropriate by the board.