2023 New York Laws › CAN - Cannabis › Article 2 - New York State Cannabis Control Board › 16 - Violations of Cannabis Laws or Regulations; Penalties and Injunctions.

§  16.  Violations  of  cannabis  laws  or  regulations; penalties and
  injunctions. 1. Any person who violates, disobeys or disregards any term
  or provision  of  this  chapter  or  of  any  lawful  notice,  order  or
  regulation  pursuant  thereto for which a civil penalty is not otherwise
  expressly prescribed in this chapter by law, may be liable to the people
  of the state for a civil penalty of not to exceed five thousand  dollars
  for  each such violation or subsequent violation. In assessing the civil
  penalty  under  this  subdivision,  the  board  or  office,  as  may  be
  applicable  shall  take  into consideration the nature of such violation
  and shall assess a penalty that is proportionate to the violation.
2. The penalty provided for in subdivision one of this section may  be
  recovered   by   an  action  or  proceeding  in  a  court  of  competent
  jurisdiction brought by the board or the office, as may  be  applicable,
  or by the attorney general at the request of the board or the office.
3.  Such  civil penalty may be released or compromised by the board or
  the office, as may be applicable, before the matter has been referred to
  the attorney general, and where such matter has  been  referred  to  the
  attorney  general,  any  such penalty may be released or compromised and
  any action or proceeding commenced to recover the same  may  be  settled
  and discontinued by the attorney general with the consent of the board.
4.  It  shall  be the duty of the attorney general upon the request of
  the board or office, as  may  be  applicable,  to  bring  an  action  or
  proceeding  against  any person who violates, disobeys or disregards any
  term or provision of this chapter or of  any  lawful  notice,  order  or
  regulation  pursuant  thereto  for  any  relief  authorized  under  this
  chapter, including equitable and/or injunctive relief and  the  recovery
  of  civil  penalties;  provided,  however,  that  the board or executive
  director  shall  furnish  the  attorney  general  with  such   material,
  evidentiary  matter or proof as may be requested by the attorney general
  for the prosecution of such an action or proceeding.
5. It is the  purpose  of  this  section  to  provide  additional  and
  cumulative remedies, and nothing herein contained shall abridge or alter
  rights  of  action  or remedies now or hereafter existing, nor shall any
  provision of this section,  nor  any  action  done  by  virtue  of  this
  section,  be construed as estopping the state, persons or municipalities
  in the exercising of their respective rights.
6. The board or the office, as may be applicable,  shall  forward  any
  final  findings of a violation under this chapter to any other statewide
  licensing agency where such findings were  entered  against  a  business
  holding  any  other such license, for any such other licensing agency to
  review the findings to determine if there has been a  violation  of  any
  such license issued by such agency.
7.   Any  request  for  a  temporary  closing  order  or  a  temporary
  restraining order to be issued without  notice  in  connection  with  an
  action  or  proceeding  brought  pursuant  to  this  section  or section
  sixteen-a of this article or section one hundred thirty-eight-a of  this
  chapter  may  be  filed  under temporary seal pending order of the court
  granting or refusing a preliminary injunction and until further order of
  the court, and the clerk  shall  provide  a  sealed  index  number  upon
  request  of  the  office  or  the attorney general. If temporary sealing
  cannot be implemented via the court's  electronic  filing  system,  such
  action or proceeding shall be permitted by the court to be filed through
  hard copy.