reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 121 - Social and Economic Equity › Section 121.3 - Continuing Duty to Disclose and Failure to Disclose Notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Social and economic equity applicants
				  shall have a continuing duty to disclose any material changes in the
				  information provided to the Office, as required in this Part, for the duration
				  of the license. The Office will endeavor to identify all social and economic
				  equity qualifying licensees, regardless of whether such licensee applied as a
				  social and economic equity applicant.
(b) Any changes that would impact a social
				  and economic equity licensee's status shall require notice to the Office and
				  prewritten approval of the Board.
(c) Failure to notify the Office of any
				  material change in the information provided may be sufficient grounds for
				  enforcement action against the licensee, pursuant to Part 133 of this Title,
				  including, but not limited to, suspension, revocation, or denial of any
				  license.
(d) Whistleblower,
				  Complaint and Recourse.
(1) If at any time
				  any owner, director, investor, board member or employee of a social and
				  economic equity licensee has reason to believe that the business failed to
				  disclose any material changes to the information provided to the Office,
				  including changes to status as a business owned by an individual from a
				  community disproportionately impacted, minority-owned business or women-owned
				  business, service-disabled veteran owned business or distressed farmer, and
				  status in ownership and control, such person may notify the Office for
				  consideration of any enforcement action.
(2) Any such person that notifies the Office
				  for consideration of any enforcement action pursuant to this subdivision shall
				  be given the full protection of article 20-C of the Labor
				  Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 121 - Social and Economic Equity › Section 121.5 - Social and Economic Equity Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant seeking to qualify as a
				  social and economic equity applicant shall submit an application for social and
				  economic equity status. If the applicant fails to satisfy any of the status
				  requirements, the Office will issue a deficiency notice to the
				  applicant.
(b) A social and
				  economic equity application shall have the stipulated number of days described
				  in the deficiency notice to cure the deficiencies.
(c) Applications that are deficient after an
				  opportunity to cure will not be considered.
(d) A social and economic equity application,
				  for which an attempted remedy was made during the period of opportunity to
				  cure, that has received a negative determination of their social and economic
				  equity status, may request from the Office a reconsideration of such
				  determination within thirty (30) days.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 121 - Social and Economic Equity › Section 121.6 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
					 particular person or circumstance is held invalid, the remainder of this Part
					 and its application to other persons and circumstances shall not be affected
					 thereby.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.1 - Nursery Ownership, Interests, Business Authorizations and Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A nursery may
				  produce, package, label, and distribute clones, seedlings, immature cannabis
				  plants, cloned propagation material, tissue culture, and cannabis seeds only to
				  a duly licensed nursery, cultivator, cooperative or collective,
				  microbusinesses, ROND or ROD.
(b) A
				  nursery may only propagate mature cannabis plants for use in the production of
				  clones, seedlings, immature cannabis plants, cloned propagation material,
				  tissue culture, and cannabis seeds or for sale to other nurseries for the
				  production of clones, seedlings, immature cannabis plants, cloned propagation
				  material, tissue culture, and cannabis seeds.
(c) A nursery shall not hold a retail
				  dispensary, on-site consumption, or delivery license.
(d) A nursery may hold a cultivator,
				  cooperative or collective, microbusiness, ROND or ROD license.
(e) A nursery or its true party of interest
				  may be a true party of interest in a cultivator, processor, distributor,
				  cooperative or collective, microbusiness, ROND or ROD license.
(f) A nursery may only hold one (1) nursery
				  license, but may engage in licensed activities at multiple premises, and their
				  true parties of interest are not restricted in the number of nursery licenses
				  in which they have an interest.
(g)
				  A nursery or its true party of interest may have a goods and services agreement
				  with an adult-use cultivator, processor, distributor, cooperative or
				  collective, microbusiness, ROD, and ROND licensee, subject to all restrictions
				  governing such relationships, including, but not limited to, undue influence,
				  control, and true party of interest requirements.
(h) In addition to any other restrictions or
				  prohibitions in this Title, including, but not limited to, Part 124 of this
				  Title, no nursery licensee or its true party of interest shall be permitted to
				  hold a direct or indirect interest, including by being a true party of
				  interest, passive investor, or having a goods and services agreement with, or
				  by any other means, in an adult-use retail dispensary, on-site consumption,
				  delivery, registered organization, or cannabis laboratory licensee or
				  permittee.
(i) Where a nursey
				  license is held by a ROD, the licensee and its true parties of interest shall
				  be subject to the true parties of interest requirements set forth for the ROD
				  license.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.2 - Nursery Operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  nursery shall:
(1) maintain an active Nursery
				  Grower Certificate of Registration from the New York State Department of
				  Agriculture and Markets Division of Plant Industry;
(2) only distribute clones, seedlings,
				  immature cannabis plants, cloned propagation material, tissue culture or
				  cannabis seeds to a licensee authorized to sell cannabis products to consumers
				  if any such plants are under two (2) feet in height;
(3) use any mature cannabis plants only for
				  seed production and, unless the nursery licensee is a licensed cultivator or
				  processor such plants, shall, after using such plants in the production of the
				  aforementioned goods, either:
(i) sell or
				  transfer such plants to another licensee authorized to use such plants after
				  the seeds have been removed; or
(ii) manage and dispose of such plants
				  thereafter pursuant to section
				  125.11 of this
				  Title;
(4) document all
				  information related to production and genetic sourcing of clones, seedlings,
				  immature cannabis plants, cloned propagation material, tissue culture or
				  cannabis seeds, which shall be made available for review by the Office upon
				  request;
(5) tag each established
				  lot of immature cannabis plants in a manner as described in subdivision (a) of
				  section 123.4 of this Part;
(6) package each clone, seedling, immature
				  cannabis plant, cloned propagation material, tissue culture or cannabis seed
				  distributed to a licensee for sale to consumers in a sealed container in
				  accordance with requirements of Part 128 of this Title which pertain to that
				  product;
(7) sell clones,
				  seedlings, immature cannabis plants, cloned propagation material, tissue
				  culture, or cannabis seeds with a written guarantee that to the licensee's
				  knowledge, the plants sold do not harbor known cannabis diseases such as Hop
				  Latent Viroid (HpLvd), Cannabis Cryptic Virus, or other common cannabis
				  diseases and pests; and
(8) be
				  authorized to sell agricultural products used specifically for the planting,
				  propagation, and cultivation of cannabis by licensed adult-use cultivators,
				  microbusinesses, cooperatives or collectives, ROND or ROD.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.3 - Cultivator Ownership, Interests, Business Authorizations and Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A cultivator
				  may engage in the following licensed activities:
(1) acquire, possess, cultivate, trim,
				  harvest, dry, and cure cannabis at its licensed premises;
(2) sell cannabis only to licensees
				  authorized to process cannabis, which includes a duly licensed processor,
				  microbusiness, cooperative or collective, ROD, ROND, or a cannabis research
				  licensee;
(3) transfer cannabis to
				  a processor for processing without relinquishing ownership of that cannabis;
				  and
(4) if such cultivator also
				  holds a processor license, purchase cannabis from another cultivator for
				  processing; and
(5) purchase
				  clones, seedlings, cloned propagation material, tissue culture, cannabis seeds,
				  and other immature cannabis plants, including mother plants, from a
				  nursery.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.4 - Cultivator Operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Immature cannabis plants.
(1) A cultivator
				  shall assign a lot plant tag to each established lot of immature cannabis
				  plants. The lot plant tag shall have at a minimum the cultivar name and lot
				  name or bar code. A lot of immature cannabis plants under a single lot plant
				  tag shall be uniform in cultivar and contain no more than 100 individual
				  immature cannabis plants at any one time.
(2) A lot plant tag shall be visible and
				  within clear view of an individual standing next to the immature cannabis plant
				  lot and be kept free from dirt and debris.
(3) Each immature cannabis plant in the lot
				  shall be labeled with a lot unique identifier and placed contiguous next to one
				  another to facilitate identification of the lot unique identifier by the
				  Office, or instead of labeling each immature cannabis plant in the lot, the lot
				  shall be fully separated from other lots of immature or mature cannabis plants.
				  In such cases, an individual immature cannabis plant does not need to be
				  labeled with the corresponding lot unique identifier but this information must
				  be tracked and maintained in the licensee inventory managament
				  system.
(4) Within three (3)
				  calendar days of receiving or acquiring an immature cannabis plant, a
				  cultivator shall assign a lot plant tag belonging to the cultivator in
				  accordance with paragraph (3) of this subdivision.
(5) A lot plant tag shall be applied to each
				  individual cannabis plant as specified in this subdivision at the time the
				  plant is moved to the designated canopy area or begins
				  flowering.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.6 - Processor License Facility Operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Good manufacturing practices.
(1) All cannabis and cannabis product
				  processing shall be in accordance with good manufacturing practice (GMP)
				  standards, pursuant to either Part 111 or Part 117 of Title 21 of the Code of
				  Federal Regulations, as applicable for the type of cannabis or cannabis product
				  being processed or as otherwise determined by the Office.
(2) A licensee who is authorized to conduct
				  certain processing activities as determined by the Office shall establish
				  compliance with GMP standards by submitting to the Office proof of a qualified
				  third-party GMP audit, of the licensee's extraction and/or manufacturing
				  processes as applicable, to the satisfaction of the Office, within one (1) year
				  of commencing licensed operations. The Office shall determine which third-party
				  GMP auditors are authorize and qualified.
(3) A licensee who is processing in
				  accordance with requirements by the Office, shall maintain proof of current GMP
				  certification for the duration of the license and make such certification
				  readily available to the Office upon request.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.7 - Distributor Ownership, Interests, Business Authorizations and Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A distributor
				  may acquire, possess, distribute, and sell cannabis products.
(b) A distributor may acquire cannabis
				  products from any duly licensed processor or a microbusiness, cooperative or
				  collective, ROD or ROND.
(c) A
				  distributor may only sell cannabis products to another duly licensed adult-use
				  retail dispensary, a ROD, or on-site consumption licensee.
(d) A distributor shall not be prohibited
				  from transporting or warehousing cannabis products for another distributor or
				  conducting activities related to any of the foregoing as determined by the
				  Office.
(e) A distributor or its
				  true party of interest may be a true party of interest in a cultivator,
				  processor, distributor, cooperative or collective, ROD, or ROND
				  license.
(f) A distributor, or its
				  true party of interest, may have a goods and services agreement with an
				  adult-use cultivator, processor, distributor, cooperative or collective, ROD or
				  ROND license, subject to all restrictions governing such relationships,
				  including, but not limited to, undue influence, control, and true party of
				  interest requirements.
(g) No
				  person shall be a true party of interest in an adult-use distributor license
				  and a microbusiness license, provided, however, a true party of interest in an
				  adult-use distributor license may simultaneously be a passive investor in any
				  number of microbusiness licenses if such true party of interest complies with
				  all restrictions governing such relationships, including, but not limited to,
				  undue influence, control, and true party of interest requirements.
(h) In addition to any other restrictions or
				  prohibitions in this Title, including, but not limited to, Part 124, no
				  distributor or its true party of interest is permitted to have any direct or
				  indirect interest, including by being a true party of interest, passive
				  investor, or having a goods and services agreement with, or by any other means,
				  in an adult-use retail dispensary, on-site consumption, delivery, registered
				  organization registered under article 3 of the Cannabis Law, or cannabis
				  laboratory licensee or permittee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.9 - Retail Dispensary Ownership, Interests, Business Authorizations and Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A retail
				  dispensary may acquire cannabis products from any licensee authorized for
				  distribution of such products.
(b)
				  A retail dispensary may acquire seedlings and immature plants from any licensee
				  authorized as a nursery once adult-use home cultivation is authorized by the
				  Board.
(c) A retail dispensary may
				  possess, sell and deliver cannabis products and cannabis
				  paraphernalia.
(d) A retail
				  dispensary may sell cannabis products and cannabis paraphernalia to cannabis
				  consumers.
(e) A retail dispensary
				  may operate a limited retail consumption facility pursuant to the operating
				  requirements in this Title.
(1) Prior to
				  operating a limited retail consumption facility:
(i) an applicant or licensee shall request
				  approval in a form and manner determined by the Board that may include, but not
				  be limited to, information in sections
				  125.1 and
				  125.2 of this Title related to the
				  consumption facility; and
(ii) the
				  Board may require an applicant or licensee update, alter, or amend their
				  submission prior to approving a licensee's request to operate a limited retail
				  consumption facility;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.11 - Microbusiness Ownership, Interests, Business Authorizations and Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A microbusiness
				  shall engage in cultivation and at least one (1) of the following additional
				  activities authorized by the Cannabis Law for a microbusiness:
(1) processing;
(2) distribution; or
(3) retail sale.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.12 - Microbusiness Operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  microbusiness shall:
(1) comply with all
				  rules, regulations, and policies applicable to a cultivator in a tier with the
				  same canopy size as the microbusiness;
(2) unless otherwise set forth in this
				  section, comply with all requirements imposed by the Cannabis Law and this
				  Title on licensed adult-use cultivators, processors, distributors, and
				  retailers to the extent the microbusiness engages in such activities.
(3) if authorized to cultivate by the Board
				  on the licensee's application, cultivate with one (1) of the following types of
				  cultivation: outdoor, mixed light, indoor, or a combination of outdoor with
				  mixed light. The microbusiness may cultivate within a specified type of
				  cultivation as approved by the Board on the licensee's application. The maximum
				  canopy for each type of cultivation, unless otherwise approved by the Office,
				  shall be the canopy limits set out in paragraph (1) of subdivision (c) of
				  section 120.3 of this Title;
(4) be permitted to purchase up to 500 pounds
				  of cannabis, or the extract equivalent, per calendar year from a duly licensed
				  cultivator, microbusiness, cooperative or collective, ROD or ROND;
(5) be permitted to, in the case of a
				  significant crop failure as defined by the Office, and written approval from
				  the Office, purchase additional cannabis or cannabis extract up to a quantity
				  sufficient to replace that failed crop;
(6) if authorized to process by the Board on
				  the licensee's application, process no more than 1,700 pounds of biomass per
				  year, unless the biomass is cultivated solely by the microbusiness exclusively
				  at its licensed premises;
(7) if
				  authorized to distribute by the Board on the licensee's application, distribute
				  only their own cannabis products to retail dispensaries or on-site consumption
				  premises;
(8) if authorized to
				  conduct retail sales by the Board on the licensee's application, sell only
				  their own cannabis products to consumers; and
(9) be authorized to have its retail premises
				  in a location separate from the premises where it is cultivating or processing
				  cannabis, provided, however:
(i) the retail
				  premises complies with all other zoning and operational requirements for retail
				  dispensary licensees;
(ii) for
				  licensees in a city with over one million (1,000,000) persons, the retail
				  premises is located in the same county as the cultivation and if applicable
				  processing premises; and
(iii) for
				  licensees outside of a city with over one million (1,000,000) persons, the
				  retail y premises is located within 25 miles of the cultivation and if
				  applicable processing premises.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.13 - Cooperative and Collective Ownership, Interests, Business Authorizations and Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  cannabis cooperative or collective shall have the same authorizations and
				  prohibitions as adult-use cultivators, processors, and distributors, as
				  provided in this Part, to the extent the cannabis cooperative or collective
				  engages in such activities, notwithstanding that:
(1) a cannabis cooperative or collective is
				  not limited in the number of processing premises it may operate, provided that
				  additional application and licensing fees may apply for each premises over two
				  (2) premises; and
(2) a cannabis
				  cooperative or collective is not limited in the number of cultivation premises
				  it may operate, provided that total combined canopy does not exceed that
				  maximum allowed pursuant to the applicable license tier and that additional
				  application and licensing fees may apply for each premises over six (6)
				  premises.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.14 - Cooperative and Collective Operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A cannabis cooperative and collective
				  shall, unless otherwise set forth in this section, comply with all requirements
				  imposed by the Cannabis Law and this Title on licensed adult-use cultivators,
				  processors, and distributors to the extent the cannabis cooperative and
				  collective engages in such activities;
(b) A cannabis cooperative and collective
				  shall notify the Office of any changes in its membership within 30 days of such
				  change.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.15 - Registered Organization Adult-Use Cultivator Processor Distributor Ownership, Interests, Business Authorizations and Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall be a true party of
				  interest in more than one (1) ROND license, or in a ROND license and an
				  adult-use cultivator, cooperative, microbusiness, or ROD license, provided,
				  however, a true party of interest in a ROND may simultaneously be a passive
				  investor in any number of ROND, cultivator, cooperative, microbusiness, or ROD
				  licenses, if such true party of interest complies with all restrictions
				  governing such relationships, including, but not limited to, undue influence,
				  control, and true party of interest requirements.
(b) A ROND or its true party of interest may
				  have a goods and services agreement with an adult-use cultivator, processor,
				  distributor, cooperative, microbusiness, ROD, or ROND license, subject to all
				  restrictions governing such relationships, including, but not limited to, undue
				  influence, control, and true party of interest requirements.
(c) In addition to any other restrictions or
				  prohibitions in this Part, no ROND or its true party of interest shall be
				  permitted to hold a direct or indirect interest, including by being a true
				  party of interest, passive investor, or having a goods and services agreement
				  with, or by any other means, in an adult-use retail dispensary, on-site
				  consumption, delivery, registered organization registered under article 3 of
				  the Cannabis Law, or cannabis laboratory licensee or permittee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.16 - Registered Organization Adult-Use Cultivator Processor Distributor Operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  licensed ROND shall:
(1) unless otherwise set
				  forth in this section, comply with all requirements imposed by the Cannabis Law
				  and this Title on licensed adult-use cultivators, processors, and distributors
				  to the extent the ROND engages in such activities;
(2) comply with all requirements for
				  registered organizations pursuant to Part 113 of this Title and article 3 of
				  the Cannabis Law and all policies and procedures in association with the
				  administration of a registration for a registered organization;
(3) maintain a medical patient prioritization
				  plan, which shall be made available to the Office upon request. The medical
				  patient prioritization plan shall include, but is not limited to:
(i) monthly sales volume data for each of the
				  last twelve (12) months, broken down by registered dispensing site;
(ii) maintenance of sufficient medical
				  cannabis product to support the greater of, the highest monthly sales volume
				  generated by the applicant in the last twelve (12) months, or a minimum
				  threshold set annually by the Board, based on the anticipated medical cannabis
				  demand for that year and the number of registered organizations in
				  operation;
(iii) an attestation
				  that the ROND shall have products in different concentrations and dosage forms
				  available to certified patients at all times, including, but not limited to:
(a) at least one (1) product that has a
				  higher ratio of tetrahydrocannabinol (THC) to cannabidiol (CBD);
(b) at least one (1) product that has a
				  higher ratio of CBD to THC;
(c) at
				  least one (1) product that has an equivalent ratio of THC to CBD; and
(d) seeds or immature plants for medical home
				  cultivation pursuant to Part 115 of this Title; and
(iv) any other requirements as determined by
				  the Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.17 - Registered Organization Adult-Use Cultivator Processor Distributor Retail Dispensary Ownership, Interests, Business Authorizations and Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
				  be a true party of interest in more than one (1) ROD license, or in a ROD
				  license and an adult-use cultivator, cooperative, microbusiness, or ROND
				  license, provided, however, a true party of interest in a ROD license may
				  simultaneously be a passive investor in any number of ROD, cultivator,
				  cooperative, microbusiness, or ROND licenses, if such true party of interest
				  complies with all restrictions governing such relationships, including, but not
				  limited to, undue influence, control, and true party of interest
				  requirements.
(b) A ROD or its true
				  party of interest may have a goods and services agreement with an adult-use
				  cultivator, processor, distributor, cooperative, microbusiness, ROD, and ROND,
				  subject to all restrictions governing such relationships, including, but not
				  limited to, undue influence, control, and true party of interest
				  requirements.
(c) In addition to
				  any other restrictions or prohibitions in this Title, no ROD or its true party
				  of interest is permitted to hold a direct or indirect interest, including by
				  being a true party of interest, passive investor, or having a goods and
				  services agreement with, or by any other means, in an adult-use retail
				  dispensary, on-site consumption, delivery, registered organization registered
				  under article 3 of the Cannabis Law, or cannabis laboratory licensee or
				  permittee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.18 - Registered Organization Adult-Use Cultivator Processor Distributor Retail Dispensary Operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  licensed ROD shall:
(1) comply with all
				  requirements imposed by the Cannabis Law and this Title on licensed adult-use
				  cultivators, processors, distributors, and retail dispensaries to the extent
				  the ROD engages in such activities, unless otherwise provided for in this
				  section;
(2) comply with all
				  requirements for registered organizations pursuant to Part 113 of this Title
				  and article 3 of the Cannabis Law and all policies and procedures in
				  association with the administration of a registration for a registered
				  organization;
(3) dedicate a
				  minimum of 50% of shelf space available for adult-use product cultivated and
				  processed by licensees that are not RODs until January 1, 2025, and 40% of
				  shelf-space available for adult-use product cultivated and processed by
				  licensees that are not ROD, thereafter, as measured by total units in inventory
				  on a 30-day rolling average;
(4)
				  co-locate its medical and adult-use dispensaries;
(5) if co-locating more than one (1)
				  dispensing site, have at least one (1) co-located dispensing site outside of
				  New York, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, and Westchester
				  counties;
(6) be subject to the
				  same prohibitions set forth in subdivision (b) of section
				  123.16 of this Part;
(7) cultivate and process adult-use
				  cannabis;
(8) maintain a medical
				  patient prioritization plan which shall be made available to the Office upon
				  request and include:
(i) all requirements set
				  forth in paragraph (2) of subdivision (a) of section
				  123.16 of this Part; and
(ii) policies and procedures that clearly
				  explain how the licensee shall maintain enough medical cannabis product at each
				  co-located facility to support the greater of:
(a) the highest sales volume generated by
				  that facility in the last 12 months; or
(b) a minimum threshold set annually by the
				  Board, based on the anticipated medical demand for that year and the number of
				  registered dispensing sites in operation;
(9) provide a separate medical consultation
				  area within their dispensing sites;
(10) have separate lines and access areas for
				  certified patients and their caregivers;
(11) establish priority service or express
				  lanes inside their co-located dispensary locations for registered patients;
				  and
(12) have pharmacists available
				  pursuant to Part 113 of this Title; and
(13) comply with the Americans with
				  Disabilities Act (ADA) standards.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.19 - Delivery Ownership, Interests, Business Authorizations and Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A delivery
				  licensee shall be authorized to deliver cannabis products that have been
				  ordered and paid for by a cannabis consumer prior to delivery from a licensee
				  authorized for the retail sale of cannabis to a cannabis consumer.
(b) A delivery licensee or its true party of
				  interest may also be true parties of interest in a retail dispensary or an
				  on-site consumption license.
(c) No
				  person shall be a true party of interest in more than one (1) delivery license,
				  or in a delivery license and retail dispensary or on-site consumption license,
				  provided, however, a true party of interest in a delivery license may
				  simultaneously be a passive investor in any number of delivery, retail
				  dispensary, and on-site consumption licenses, if such true party of interest
				  complies with all restrictions governing such relationships, including, but not
				  limited to, undue influence, control, and true party of interest
				  requirements.
(d) A delivery
				  licensee or its true party of interest may have a goods and services agreement
				  with an on-site consumption or retail dispensary license, subject to all
				  restrictions governing such relationships, including, but not limited to, undue
				  influence, control, and true party of interest requirements.
(e) In addition to any other restrictions or
				  prohibitions in this Part, no delivery license or its true party of interest is
				  permitted to hold a direct or indirect interest, including by being a true
				  party of interest, passive investor, or having a goods and services agreement
				  with, or by any other means, in a cultivator, processor, distributor,
				  cooperative, microbusiness, ROD, ROND, registered organization, or cannabis
				  laboratory licensee or permittee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.20 - Delivery Operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Delivery licensees and licensees authorized for and providing delivery of
				  cannabis products to consumers shall have a written delivery plan available for
				  inspection by the Office.
(b)
				  Delivery licensees shall comply with the relevant requirements set forth in
				  Part 125 of this Title.
(c)
				  Delivery licensees shall not:
(1) conduct
				  sales of adult-use cannabis or medical cannabis;
(2) accept cannabis or cannabis products from
				  any person other than a licensee authorized for the retail sale of
				  cannabis:
(3) deliver cannabis to
				  any location outside of New York State;
(4) deliver cannabis to anyone inside of a
				  motor vehicle;
(5) deliver cannabis
				  products to anyone other than the individual detailed in the order and only
				  upon verifying the identity and age of the individual pursuant to subdivision
				  (d) of section
				  123.10 of this Part;
(6) deliver cannabis or cannabis products to
				  anywhere other than residential properties, including short and long-term
				  residences and private businesses anywhere in New York State, and shall not
				  deliver cannabis to:
(i) public
				  buildings;
(ii) public spaces
				  including parks;
(iii) community
				  centers;
(iv) any school
				  grounds;
(v) day-care centers;
				  or
(vi) houses of
				  worship.
(7) have a total
				  of more than twenty-five (25) individuals, or the equivalent thereof, providing
				  full-time paid delivery services to cannabis consumers per week under one
				  license;
(8) allow any employee
				  providing delivery services on behalf of a licensee authorized for the retail
				  sale of cannabis to leave the premises of a licensee authorized for the retail
				  sale of cannabis with any cannabis products before having received at least one
				  (1) delivery order from a licensee authorized for the retail sale of
				  cannabis;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.21 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
					 particular person or circumstance is held invalid, the remainder of this Part
					 and its application to other persons and circumstances shall not be affected
					 thereby.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 124 - General Business Requirements and Prohibitions › Section 124.1 - Undue Influence and Incentives

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  person shall enter into any agreement which would cause undue influence over a
				  licensee, as set forth in this Part. Nothing herein shall be construed as
				  prohibiting the placing and accepting of orders for the purchase and delivery
				  of cannabis or cannabis products that are made in accordance with usual and
				  customary or common business practices and that are otherwise in compliance
				  with this Title.
(b) Licensees
				  shall only enter into agreements with third-party platforms, marketplaces, or
				  aggregators that:
(1) sign and submit the
				  Office's Confidentiality and User Agreement or other agreement as required by
				  the Office, if such third-party accesses, extracts, or otherwise relies on the
				  transmission of data from the State's seed to sale track and trace
				  system;
(2) when advertising or
				  listing a cannabis product, list all licensees authorized for the retail sale
				  of such cannabis products;
(3)
				  provide open read and write application programming interface access for all
				  data points in a point of sale or track and trace system;
(4) when aggregating, compiling, anonymizing,
				  or otherwise exhausting data derived from consumer interactions with a
				  licensee, receive explicit opt-in from the licensee to establish such a data
				  sharing agreement, and no standard software agreement by a third-party
				  platform, marketplace, or aggregator shall include any default data usage
				  rights for the technology provider, other than system usage data used to tune
				  third-party system performance and database optimization in compliance with
				  these regulations; and
(5) for all
				  digital interactions with a potential cannabis consumer:
(i) only display, sort, or order cannabis
				  products, or paraphernalia as part of a search result, browse grid, or other
				  digital interface based on objective, consumer-oriented criteria, such as time
				  to deliver to the consumer; available delivery times; product form; distance in
				  miles from the retail dispensary; or independent and verified consumer reviews;
				  and
(ii) redirects from the
				  third-party marketplace or aggregator to a domain or web-based interface hosted
				  via a platform that supports search engine optimization or SEO credits accruing
				  to the domain of a licensee authorized for retail sale of cannabis, before the
				  price of adult-use cannabis products are
				  displayed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 124 - General Business Requirements and Prohibitions › Section 124.2 - Terms of Sale

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Licensees
				  engaged in distribution shall:
(1) execute
				  written contracts between parties for all transactions related to the purchase
				  of cannabis products, regardless of license type;
(2) sell cannabis and cannabis products, or
				  cannabis merchandise or cannabis paraphernalia, at prices indicative of their
				  true value when sold without any other products, terms, or services;
(3) not discriminate, directly or indirectly,
				  in price, payment terms, or discounts for time of payment or in discounts on
				  quantity of merchandise sold, except as permitted by this Part;
(4) be permitted to offer volume-based
				  discounts on cannabis and cannabis products, provided that such discounts are
				  offered to all licensed purchasers; and
(5) not require or offer exclusivity
				  provisions in goods or services contracts, including, but not limited to,
				  prohibiting a licensee from having their own e-commerce application or platform
				  and
(6) not refuse to sell any
				  brand of cannabis or cannabis product to any person authorized to purchase such
				  brand of cannabis or cannabis product from such licensee at market value or
				  based on price disclosures authorized by the Board if the purchaser pays cash
				  therefor, and except as herein provided.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 124 - General Business Requirements and Prohibitions › Section 124.3 - Goods and Services Agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Exempt
				  Agreements. The following agreements shall not be presumed to create a
				  controlling interest or undue influence in a licensee; apparent or actual
				  conflicts of interest; or an availing interest in the license by a non-licensee
				  or person who is not a true party of interest in such license. A person may
				  provide goods and services across licenses.
(1) General providers of goods and services.
				  Exemp t goods and services agreements, may include, but are not limited to,
				  accounting, license application preparation, record-keeping, cleaning and
				  janitorial, leasing equipment, architect services, security, legal services,
				  government relations (registered lobbyist), construction, heating, ventilating,
				  air conditioning, refrigeration, plumbing, lighting, office supplies, and
				  provision of non-cannabis goods from unlicensed persons.
(2) Landlords. A person may be a landlord to
				  licensees across multiple licenses. If the landlord becomes a true party of
				  interest in a license, they are subject to the requirements of the true parties
				  of interest for that license type.
(3) Financiers and financial institutions. A
				  person may be a financier or financial institution across multiple licenses. If
				  the financier or financial institution becomes a true party of interest in a
				  license, they are subject to the prohibitions of true parties of interest for
				  that license type. Principal repayment shall be excluded from any calculation
				  of fees paid to a financier or financial institution in a calendar
				  year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 124 - General Business Requirements and Prohibitions › Section 124.4 - Agreements Creating Financial or Controlling Interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Office reserves the right to review
				  any agreement between a licensee and a third party or between two licensees. A
				  person will be deemed to be a true party of interest by virtue of their
				  financial or controlling interest in a license where it enters into any
				  agreement that:
(1) compels a licensee to
				  promise not to purchase or sell cannabis, cannabis products, or other goods,
				  services, or materials to or from applicants, licensees, or other
				  businesses;
(2) is not bargained
				  for between the parties in an arms-length transaction;
(3) does not include the ability for either
				  party to terminate the agreement with due notice;
(4) generates a share of revenue paid by a
				  licensee in excess of the greater of:
(i) 10%
				  of gross revenue of such applicant or licensee,
(ii) 50% of net profit of such applicant or
				  licensee, or
(iii) $250,000, in one
				  calendar year based on actual or anticipated annual performance;
				  or
(5) Where a goods and
				  services provider violates the financial interests and controlling conduct
				  prohibitions set forth in this Part, the Office may terminate that party's
				  interest in the license and recommend a civil penalty to be imposed by the
				  Board and collected by the Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 124 - General Business Requirements and Prohibitions › Section 124.5 - Contracting Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Adult-use licensees are prohibited from contracting out or subcontracting with
				  a person or entity performing any function or activity directly involving the
				  licensed activities authorized for that license type, including, but not
				  limited to, cultivating, processing, distributing, or selling cannabis or
				  cannabis products; provided however, licensees may contract out executive
				  management services so long as all non-management activities arising from, or
				  related to, such contract or subcontract are carried out by employees of the
				  licensee.
(b) Adult-use licensees
				  may contract with a person or entity performing a function or activity
				  ancillary to the licensee's licensed activities, including, but not limited to,
				  accounting, record-keeping, architectural services, construction, heating,
				  ventilating, air conditioning, refrigeration, plumbing, cleaning and
				  janitorial, lighting, security, software, and legal services, and other exempt
				  goods and services.
(c) Adult-use
				  licensees shall retain the right to audit, or use a third-party to audit, goods
				  and services agreements with third parties.