2023 New York Laws › CAN - Cannabis › Article 4 - Adult-Use Cannabis › 85 - Provisions Governing Adult-Use Cannabis Retail Dispensaries.

§  85. Provisions governing adult-use cannabis retail dispensaries. 1.
  No cannabis retail licensee shall sell, deliver, or give away  or  cause
  or permit or procure to be sold, delivered or given away any cannabis to
  any  person,  actually  or apparently, under the age of twenty-one years
  or, any visibly intoxicated person.
2. Valid proof of age is required for each transaction.  No  licensee,
  or  agent  or employee of such licensee shall accept as written evidence
  of age by any such person for the purchase of any cannabis  or  cannabis
  product,  any  documentation other than: (a) a valid driver's license or
  non-driver identification card  issued  by  the  commissioner  of  motor
  vehicles,   the   federal   government,  any  United  States  territory,
  commonwealth or possession, the District of Columbia, a state government
  within the United States or a provincial government of the  dominion  of
  Canada,  or  (b) a valid passport issued by the United States government
  or any other country, or (c) an identification card issued by the  armed
  forces  of  the  United  States.  Upon the presentation of such driver's
  license or non-driver  identification  card  issued  by  a  governmental
  entity,  such  licensee  or  agent  or  employee  thereof  may perform a
  transaction scan as a precondition  to  the  sale  of  any  cannabis  or
  cannabis  product.  Nothing in this section shall prohibit a licensee or
  agent or employee from performing such a transaction scan on any of  the
  other  documents  listed in this subdivision if such documents include a
  bar code or magnetic strip that may be scanned by a  device  capable  of
  deciphering  any  electronically readable format. In instances where the
  information deciphered by  the  transaction  scan  fails  to  match  the
  information printed on the driver's license or non-driver identification
  card  presented by the card holder, or if the transaction scan indicates
  that the information is false or fraudulent, the attempted  purchase  of
  the cannabis or cannabis product shall be denied.
3.  No  cannabis  retail  licensee shall sell alcoholic beverages, nor
  have or possess a license or permit to sell alcoholic beverages, on  the
  same premises where cannabis products are sold.
4.  No  sign of any kind printed, painted or electric, advertising any
  brand shall be permitted on the exterior or interior of  such  premises,
  except by permission of the board.
5.  No  cannabis  retail  licensee  shall sell or deliver any cannabis
  products to any person with knowledge of, or with  reasonable  cause  to
  believe,  that the person to whom such cannabis products are being sold,
  has acquired the same for the purpose of selling or giving them away  in
  violation of the provisions of this chapter or in violation of the rules
  and regulations of the board.
6.  All  premises  licensed  under  this  section  shall be subject to
  inspection by any peace officer described in subdivision four of section
  2.10 of the criminal procedure law acting pursuant to his or her special
  duties, or police officer or any duly authorized representative  of  the
  board.  All  licensees  shall be subject to reasonable inspection by the
  office and a person who holds a license must make himself or herself, or
  an agent thereof, available and present for any inspection  required  by
  the  office.  The  office  shall  make reasonable accommodations so that
  ordinary business is not interrupted, and safety and security procedures
  are not compromised by the inspection.
7. No cannabis  retail  licensee  shall  be  interested,  directly  or
  indirectly,  in  any cultivator, processor, distributor or microbusiness
  operator  licensed  pursuant  to  this  article,  by  stock   ownership,
  interlocking  directors,  mortgage  or  lien  on  any  personal  or real
  property or by any other means. Any lien, mortgage or other interest  or
  estate, however, now held by such retailer on or in the personal or real
  property  of  such  manufacturer  or  distributor, which mortgage, lien,

  interest or estate was acquired on or before December thirty-first,  two
  thousand  nineteen,  shall not be included within the provisions of this
  subdivision; provided, however, the burden of establishing the  time  of
  the  accrual  of the interest comprehended by this subdivision, shall be
  upon the person  who  claims  to  be  entitled  to  the  protection  and
  exemption afforded hereby.
8. No cannabis retail licensee shall make or cause to be made any loan
  to  any person engaged in the cultivation, processing or distribution of
  cannabis pursuant to this article.
9. Each cannabis retail licensee shall designate  the  price  of  each
  item  of  cannabis  by  attaching to or otherwise displaying immediately
  adjacent to each such item displayed in the  interior  of  the  licensed
  premises where sales are made a price tag, sign or placard setting forth
  the price at which each such item is offered for sale therein.
10.  No  person  licensed  to  sell cannabis products at retail, shall
  allow or permit any gambling, or offer  any  gambling  on  the  licensed
  premises,  or  allow  or  permit  illicit  drug activity on the licensed
  premises.
11.  All  adult-use  dispensing  facilities  shall  make   educational
  materials  and resources available to cannabis consumers at the point of
  sale, as prescribed by the board.
12. The board  is  authorized,  to  promulgate  regulations  governing
  licensed  adult-use dispensing facilities, including but not limited to,
  the hours of operation, size and  location  of  the  licensed  facility,
  types  and  concentration of product servings offered and establishing a
  minimum and maximum margin for retail  dispensary  markups  of  cannabis
  product  or  products before selling to a cannabis consumer. It shall be
  unlawful for any  retail  dispensary  to  sell  any  adult-use  cannabis
  product for less than the minimum markup allowed in regulation.