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 114 - Cannabinoid Hemp › Section 114.21 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  provisions of this Part are effective upon filing for publication in the State
				  Register.
(b) Notwithstanding
				  subdivision (a) of this section, cannabinoid hemp products sold in New York
				  must meet the requirements set forth in sections
				  114.9(a),
				  114.9(b),
				  114.9(d),
				  114.9(f),
				  114.9(g),
				  114.9(h) and
				  114.12(a) by
				  January 1, 2024.
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 115 - Personal Home Cultivation › Section 115.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of
				  this Part, the following definitions shall apply:
(1)
Board
means the New York
				  State Cannabis Control Board as defined in article 1 of the Cannabis
				  Law.
(2)
Cultivation
means growing, cloning, harvesting, drying,
				  curing, grading, and trimming of the cannabis plant.
(3)
Designated caregiver
means a person designated by the certified patient. A designated caregiver is
				  21 years of age or older for purposes of this Part.
(4)
Immature cannabis plant
or
immature plant
means a cannabis plant which does not have a
				  flower or buds that may be observed by visual examination.
(5)
Landlord
means owner,
				  lessor, assignor, or managing agent of, or other person having the right to
				  sell, rent or lease or approve the sale, rental or lease of a housing
				  accommodation, constructed or to be constructed, or an interest
				  therein.
(6)
Local
				  law
means a local rule or local regulation or local ordinance or
				  action which is adopted by a county, town, city or village on matters otherwise
				  not preempted by the Cannabis Law or prohibited by article 222 of the Penal
				  Law.
(7)
Mature cannabis
				  plant
means a cannabis plant that has observable buds or
				  flowers.
(8)
Nursery
means nursery as defined in article 1 of the Cannabis
				  Law.
(9)
Office
means the New York State Office of Cannabis Management.
(10)
On the grounds
means
				  the external areas of the private residence where the person resides and has
				  legal rights to use such external areas for their own purposes, including but
				  not limited to, a backyard or any land adjacent to the private
				  residence.
(11)
Personal
				  home cultivation
means growing, cloning, harvesting, drying, curing,
				  grading, and trimming of cannabis plants for medical use or adult-use that is
				  subject to article 222 of the Penal Law.
(12)
Private residence
means
				  any building or part of a building, or structure designed and occupied for
				  residential purposes, including but not limited to, a private home; townhouse;
				  condominium; co-op; apartment; or mobile home. For purposes of this Part, a
				  hospital, hotel, motel, resort, or other similar public accommodation, shall
				  not be considered a private residence, except as may be expressly allowed by
				  the board.
(13)
Process
or
processing
means extracting,
				  preparing, treating, modifying, compounding, manufacturing or otherwise
				  manipulating cannabis for use to concentrate or extract its cannabinoids. For
				  purposes of this Part, processing does not include growing, cultivation,
				  cloning, harvesting, drying, curing, grinding, or trimming.
(14)
Unauthorized person
means any person under the age of 21 and other persons not authorized to access
				  the private residence or grounds by the resident, owner, or tenant.
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 115 - Personal Home Cultivation › Section 115.3 - Personal Home Cultivation of Adult-use Cannabis

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Persons 21 years of age or older may
				  cultivate cannabis for personal adult-use pursuant to this section.
(b) The personal home cultivation of
				  adult-use cannabis may only occur in, or on the grounds of, a person's private
				  residence where the person occupying such private residence is 21 years of age
				  or older.
(c) No person shall
				  plant, cultivate, harvest, dry, or possess more than three mature cannabis
				  plants and three immature cannabis plants at any one time.
(d) No more than six mature and six immature
				  cannabis plants may be cultivated, harvested, dried, or possessed within any
				  private residence, or on the grounds of any private residence at any one
				  time.
(e) No person shall sell,
				  which shall have the same meaning as the definition of "sale" pursuant to Tax
				  Law section 492(j), any immature cannabis plants, mature cannabis plants, or
				  cannabis, produced by a plant cultivated pursuant to this Part, or to any other
				  person. This subdivision does not prohibit the transfer, without compensation,
				  to another person 21 years of age or older, up to three ounces of cannabis and
				  up to 24 grams of concentrated cannabis, pursuant to section 222.05  of the
				  Penal Law.
(f) Pursuant to
				  subdivision 5 of section 222.15  of the Penal Law, a person may lawfully possess
				  up to five pounds, on the grounds of such person's private residence, of:
(1) cannabis flower that has been trimmed
				  from cannabis plants which have been either cultivated in their private
				  residence or purchased; or
(2) the
				  equivalent weight of such cultivated cannabis in concentrated cannabis as
				  determined by the office; or
(3) a
				  mixture of both cannabis flower and the equivalent weight of cultivated
				  cannabis in concentrated 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 115 - Personal Home Cultivation › Section 115.5 - General Provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Counties, towns, cities and villages may enact and enforce local laws that
				  reasonably regulate the actions set forth in this Part, pursuant to subdivision
				  6 of section 222.15  of the Penal Law, provided, however, no county, town, city
				  or village may enact a local law that completely or essentially prohibit a
				  person from engaging in the conduct authorized by this Part or sections 222.05 and 222.15  of the Penal Law.
(b) 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 115 - Personal Home Cultivation › Section 115.6 - Severability and Reference Materials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Referenced Materials. Regulations
				  included herein contain references to documents for information as to the
				  standards to be met or guidelines and methodologies to be used in meeting the
				  requirements of specific regulations. In addition, copies of referenced
				  materials are available for public inspection and copying at the Albany office
				  of the New York State Department of State.
Table 1
Regulation
Referenced Material
Availability
9 NYCRR
								  Part/sec./etc.
CFR (Code of Federal Regulations) or
								  other
§
																115.4(d)(2)
40 CFR
								  152.25(f)
*
* Any printed editions of the Code of Federal Regulations
					 (CFR) can be obtained by calling the Superintendent of Documents, U.S.
					 Government Printing Office, at (202) 512-1800. Electronic copies of CFR
					 sections may also be obtained at Government Printing Office (GPO) which
					 contains the most recent revisions, can be searched directly at:
https://www.ecfr.gov/
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 116 - Conditional Adult-Use Retail Dispensary › Section 116.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall
					 have the following meanings:
(a)
Act
means the Marihuana Regulation and Taxation Act, Chapter
				  92 of the Laws of 2021.
(b)
Aggregate ownership interest
means the total ownership
				  interest held by:
(i) a legal entity and any
				  legal entity in its multilevel ownership structure; or
(ii) an individual and the spouse, domestic
				  partner, civil union partner, child, sibling, or parent of such
				  individual.
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 116 - Conditional Adult-Use Retail Dispensary › Section 116.3 - Attestations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant
				  shall sign the proof of attestation, attesting that the applicant:
(1) has submitted an application that is
				  complete and accurate;
(2) submits
				  to jurisdiction of the courts of New York State and the application of all
				  state laws, local laws and regulations of New York State, including, but not
				  limited to, relating to the conditional adult-use retail dispensary;
(3) shall not sell any cannabis product to
				  anyone under 21 years of age;
(4)
				  shall not sell any cannabis product in any disallowed form, as determined by
				  the Office;
(5) shall not give away
				  any cannabis product as set forth in the Act;
(6) shall only acquire cannabis products from
				  entities authorized to distribute cannabis products in New York
				  State;
(7) shall ensure that the
				  eligible applicant, upon being granted a license, shall maintain the minimum
				  ownership and control requirements set forth in section
				  116.4 of this Part, and that
				  noncompliance shall be deemed a surrender of license as determined by the
				  Office;
(8) shall ensure that its
				  true parties of interest are of good moral character;
(9) shall exercise reasonable care to confirm
				  its information and the ability of each person to meet the requirements as set
				  forth in this Part;
(10) shall
				  provide the Office a complete disclosure that includes all true parties of
				  interest and that each individual who is a true party of interest is at least
				  21 years of age;
(11) shall not
				  attempt to conceal or disguise ownership or other control over its operations
				  in its submissions;
(12) shall
				  register with the New York State Department of Taxation and Finance for a
				  certificate of adult-use cannabis registration and, if applicable, a
				  certificate of authority should the applicant be granted a license;
(13) shall indemnify and hold harmless the
				  State of New York for any and all civil or criminal penalties resulting from
				  receiving a conditional adult-use retail dispensary license;
(14) has entered into a labor peace agreement
				  with a bona fide labor organization and understands that the maintenance of
				  such a labor peace agreement shall be an ongoing material condition of the
				  license;
(15) shall comply with
				  applicable state and local laws, regulations, and guidance; and
(16) shall submit any other information as
				  required 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 116 - Conditional Adult-Use Retail Dispensary › Section 116.4 - License Eligibility and Evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Eligibility. The following minimum requirements must be met to become an
				  eligible applicant for this license:
(1) an
				  applicant must demonstrate:
(i) a significant
				  presence in New York State, either individually or by having a principal
				  corporate location in the state;
(ii) it is incorporated or otherwise
				  organized under the laws of New York State; or
(iii) a majority of the ownership of the
				  applicant are residents of New York State by being physically present in the
				  state no less than 180 calendar days during the current year or 540 calendar
				  days over the course of three years;
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 116 - Conditional Adult-Use Retail Dispensary › Section 116.5 - Denials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notwithstanding
				  an applicant satisfying the requirements set forth in this Part, the
				  application shall be denied where an applicant or eligible applicant, or any
				  true party of interest of the applicant:
(1)
				  has submitted an application that contains inconsistent information;
(2) failed to submit the materials required
				  by this Part within the specified time allotted;
(3) failed to submit fingerprints for
				  purposes of providing a criminal history report required pursuant to section 138  of the Cannabis Law;
(4) is a
				  person forbidden to traffic cannabis as set forth in section 137  of the
				  Cannabis Law;
(5) has demonstrated
				  prior business practices and financial arrangements that may not comply with
				  state and local laws incidental to the cannabis industry;
(6) has had a license associated with
				  cannabis cancelled, revoked or suspended in any other state or
				  jurisdiction;
(7) creates or
				  enhances the dangers of unlawful practices, methods and activities in the
				  cannabis industry, including, but limited to, product inversion or
				  diversion;
(8) is delinquent in
				  filing any required tax returns or paying any amount owed to any local, state
				  or federal government;
(9) causes a
				  violation of Sections 72 or 85  of the Cannabis Law; or
(10) is not a person of good moral
				  character.
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 116 - Conditional Adult-Use Retail Dispensary › Section 116.6 - Application for Renewal or Transition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Renewal:
(1) Applicant shall comply with all
				  applicable state and local laws, regulations, and guidance relating to the
				  licensed activities for renewal of its license.
(2) Prior to the expiration of the first
				  renewal date, licensee shall submit an application to renew the license as
				  prescribed by the Office and include such information and fees, if any, as the
				  Office may require.
(3) Upon
				  request for renewal, the Office shall consider the licensee's history of
				  compliance with the requirements of this part and applicable state and local
				  laws, regulations, and guidance.
(4) The Board may deny a renewal after
				  consideration of the licensee's history of compliance.
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 116 - Conditional Adult-Use Retail Dispensary › Section 116.8 - Suspension, Revocation, and Surrender

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Board shall deliver a written notice
				  to the licensee for failure to comply with this Part, applicable state and
				  local laws, regulations, or guidance relating to conditional adult-use retail
				  dispensary and adult-use retail dispensary, including those promulgated after
				  applicant submits its application for a license. If no effort has been made to
				  cure, the license shall be deemed surrendered 30 calendar days from the date of
				  the written notice. Written notice shall be sent to the licensee's last known
				  address on file with the Office.
(b) In the event that licensee elects to
				  cease operation of all licensed activities or to surrender its license within
				  the conditional period, the following shall apply:
(1) licensee shall notify the Office in
				  writing at least 30 calendar days prior to the date licensee anticipates
				  ceasing operations;
(2) the written
				  notice shall include a proposed plan for closure. The plan shall be subject to
				  Office approval and may include a recommendation of any individual or entity
				  that would qualify under this Part; and
(3) upon surrender of the license or
				  cessation of operation, licensee shall vacate the leased premises associated
				  with the fund, as defined by this Part, within 30 calendar days of surrender or
				  cessation.
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 116 - Conditional Adult-Use Retail Dispensary › Section 116.9 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part are severable. If any provision
					 of this Part is found to be invalid, or if any application of this Part to any
					 person or circumstance is found to be invalid, the invalidity shall not affect
					 any other provisions or applications which can be given effect without the
					 invalid provision or application.
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 119 - Municipality Rulemaking › Section 119.1 - Preemption and Prohibitions on Municipality Rulemaking

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No municipality may adopt a local law
				  which would allow an adult-use retail dispensary, microbusiness, ROD, or
				  on-site consumption license to be:
(1) on the
				  same road and within 200 feet of the entrance of a building occupied
				  exclusively as a house of worship;
(2) on the same road and within 500 feet of
				  the entrance of a building occupied exclusively as a school; or
(3) on the same road and within 500 feet of a
				  structure or its grounds occupied exclusively as a public youth facility, if
				  the municipality has enacted a local law pursuant to section
				  119.2 of this Part.
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 119 - Municipality Rulemaking › Section 119.2 - Authorizations for Municipality Rulemaking

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Municipalities are authorized to adopt
				  local laws and regulations governing the time, place, and manner; provided
				  however, that such local laws and regulations shall not be unreasonably
				  impracticable. The following activities constitute the permissible time, place,
				  and manner restrictions that may be imposed by a municipality:
(1) Retail dispensary hours of operation for
				  cities of one million (1,000,000) or more. In cities having a population of one
				  million (1,000,000) or more, the hours of operation of when cannabis products
				  can be sold at adult-use retail dispensaries:
(i) shall not be from 2:00 a.m. to 8:00 a.m.,
				  unless given express written permission by such municipality, or the
				  municipality passes a local law, authorizing it to operate during such hours;
				  and
(ii) shall not be restricted to
				  less than seventy (70) hours a week;
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 119 - Municipality Rulemaking › Section 119.3 - Notifications to Municipalities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Pursuant to section 76  of the Cannabis Law, an applicant for an adult-use
				  retail dispensary, ROD, or on-site consumption license is required to notify
				  the municipality or in New York City, the appropriate community board in which
				  the premises is located, of such applicant's intent to file such an
				  application.
(b) The notification
				  shall be made between thirty (30) and two hundred seventy (270) days prior to
				  filing such application.
(c) The
				  notification shall be in a form provided by the Office, and contain the
				  following information:
(1) applicant contact
				  information;
(2) trade name or
				  'doing business as' name;
(3) full
				  name of the applicant;
(4) street
				  address of the establishment, including the floor location or room number, if
				  applicable;
(5) the mailing address
				  of the establishment, if different than the street address;
(6) the name, address and telephone number of
				  the attorney or representative of the applicant, if any;
(7) a statement indicating whether the
				  application is for:
(i) a new
				  establishment;
(ii) a transfer of
				  an existing licensed business;
(iii) a renewal of an existing license;
				  or
(iv) an alteration of an
				  existing licensed premises;
(8) if the establishment is a transfer or
				  previously licensed premises, the name of the old establishment and such
				  establishment's registration or license number;
(9) in the case of a renewal or alteration
				  application, the registration or license number of the applicant; and
(10) the type of 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 119 - Municipality Rulemaking › Section 119.4 - Distance Requirements and Measurement of Distance Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No retail
				  dispensary license or microbusiness license shall be granted for any premises
				  which shall be:
(1) within a 1,000-foot
				  radius of a registered organization, ROD, or any other premises for which a
				  retail dispensary license or microbusiness license has been issued, in a
				  municipality having a population of 20,000 or more, unless the Board has
				  determined that issuing the license would promote public convenience and
				  advantage; except that distance requirements between a retail dispensary or
				  microbusiness and registered organizations shall cease to be a requirement past
				  December 2023, or
(2) within a
				  2,000-foot radius of a registered organization, ROD, or any other premises for
				  which a retail dispensary license or microbusiness license has been issued, in
				  a municipality having a population of 20,000 or less, unless the Board has
				  determined that issuing the license would promote public convenience and
				  advantage; except that distance requirements between a retail dispensary or
				  microbusiness and registered organizations shall cease to be a requirement past
				  December 2023.
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 119 - Municipality Rulemaking › Section 119.5 - Unreasonably Impracticable; Review and Determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to subdivision (2) of section 131  of the Cannabis Law and this Part, no local law, rules, or actions of the
				  municipality shall be effective or enforceable if such action otherwise impedes
				  on duties and obligations of the Board as set forth under the Cannabis Law,
				  violates any provision of the Cannabis Law or this Part, or discriminates
				  against or frustrates the registrant, licensee, or permittee's ability to carry
				  out the operation of such registration, license, or permit as issued by the
				  Board.
(b) Should an unreasonable
				  impractical claim be brought before the Office by a claimant contesting the
				  validity of such local law or regulation, the Board may conduct a review of
				  such law and issue an advisory opinion as to whether the law is unreasonably
				  impracticable.
(c) Upon review and
				  determination of an application to the Board, the Office shall send a copy of
				  the advisory opinion to the claimant and the municipality from where the local
				  law originates. If the local law:
(1) is
				  adopted prior to the advisory opinion, the advisory opinion shall be
				  presumptive evidence that the local law violates subdivision 2 of section 131 
				  of the Cannabis Law; or
(2) be
				  proposed but not adopted, the municipality shall be preempted from adopting the
				  local law because the local law, if adopted, would be unreasonably
				  impracticable, as determined by the Board, pursuant to subdivision 2 of section 131  of the Cannabis 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 119 - Municipality Rulemaking › Section 119.6 - 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 120 - Application and Licensure › Section 120.2 - Application for an Adult-Use Cannabis License

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant and each true party of
				  interest in an applicant shall provide information in a form and manner as
				  prescribed by the Board, which may include, but is not limited to the
				  following:
(1) Identity of the applicant or
				  true party of interest.
(i) If the applicant
				  or true party of interest is an individual, the individual's:
(a) name;
(b) date of birth, corroborated by a copy of
				  a valid photo identification containing the individual's date of birth issued
				  by a local, state or federal government, which identification shall indicate
				  the individual to be at least twenty-one (21) years of age;
(c) name of spouse or domestic partner, if
				  any;
(d) social security
				  number;
(e) contact
				  information;
(f) any other aliases
				  or names by which they have been known or conducted business at any time;
				  and
(g) any other information
				  required 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 120 - Application and Licensure › Section 120.3 - License Specific Tiers and Options

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Nursery License:
(1) All nursery applicants shall obtain a
				  Nursery Grower Certificate of Registration from the New York State Department
				  of Agriculture and Markets Division of Plant Industry prior to licensure by the
				  Board.
(2) An applicant for a
				  nursery license shall indicate the type of nursery license it seeks to operate
				  based on the size and type of nursery area as set forth below:
(i) Nursery Outdoor: for an outdoor nursery
				  area with a maximum area of 100,000 square feet;
(ii) Nursery Mixed-Light: for a mixed light
				  nursery area with a maximum area of 10,000 square feet; or
(iii) Nursery Indoor: for an indoor nursery
				  area with a maximum area of 10,000 square feet.
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 120 - Application and Licensure › Section 120.4 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application
				  Fees. All applications shall be accompanied by a non-refundable application fee
				  of $1,000 unless otherwise set forth in this section.
(1) Applications for an ROD and ROND license
				  shall be accompanied by a non-refundable application fee of $10,000.
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 120 - Application and Licensure › Section 120.5 - Filing of an Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  application for a license shall be deemed complete for filing with the Office
				  pursuant to this Part until the following:
(1) all information conforming to all
				  requirements relating to format, signature, oath or affirmation have been
				  properly submitted, and all copies of documents provided, as the Office may
				  require;
(2) all requested and
				  required disclosures have been properly submitted;
(3) all required consents, waivers,
				  fingerprint responses, and photographs have been properly submitted;
(4) all information, documentation,
				  attestations and assurances and other materials required have been submitted
				  with the application; and
(5) all
				  fees have been paid.
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 120 - Application and Licensure › Section 120.6 - Processing of an Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Only
				  completed applications may be processed. The processing of an application shall
				  not constitute an acknowledgment that the requirements of the Cannabis Law or
				  this Title have been satisfied.
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 120 - Application and Licensure › Section 120.7 - Application Eligibility and Evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligibility for adult-use cannabis
				  licenses. An applicant for an adult-use cannabis license pursuant to article 4
				  of the Cannabis Law shall satisfy the following minimum requirements to be
				  eligible for a license:
(1) An applicant
				  shall provide information in a form and manner as prescribed by the Board,
				  which shall demonstrate the eligibility for the license type being sought;
				  and
(2) In order to apply for a
				  ROND or a ROD license, a registered organization shall be in good standing with
				  the Office and have four (4) medical dispensing sites, located in New York
				  State, dispensing to patients and submit the following:
(i) a community impact plan as described in
				  section 121.4 of this Title;
(ii) the plans described in Part 125 of this
				  Title as required by the Board on the application;
(iii) any other information required 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 120 - Application and Licensure › Section 120.8 - Application for Additional Licenses or License Type

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A licensee applying for any additional
				  licenses or license types shall do so in a form and manner required by the
				  Board and shall remit the required application and license fees as set forth in
				  section 120.4 of this Part:
(1) for an additional license type authorized
				  by the Cannabis Law and this Title, different than the license a licensee
				  currently holds, the licensee shall file an application for the additional
				  license sought and shall pay the application and license fee for each
				  additional license type sought;
(2)
				  for an additional license of the same type as the licensee currently holds and
				  is authorized pursuant to the Cannabis Law and this Title, with no amendments
				  or changes to the business information, ownership, or true parties of interest,
				  the licensee may file an abridged application in a form and manner required by
				  the Board for the additional license; or
(3) to amend or change a current license type
				  to another license type, the licensee shall submit an application for the new
				  license type.
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 120 - Application and Licensure › Section 120.9 - Issuance of a License

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  license shall be considered, issued, or effective without final approval of the
				  Board.
(b) An application for
				  licensure under this Part shall only be approved by the Board if:
(1) a complete application has been submitted
				  to the Office along with all necessary fees pursuant to section
				  120.4 of this Part;
(2) the application demonstrates, to the
				  satisfaction of the Board, that the applicant will operate pursuant to article
				  4 of the Cannabis Law and this Title;
(3) the applicant is ready, willing and able
				  to properly carry on the activities set forth in the application; and
(4) the applicant is of good moral
				  character.
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 120 - Application and Licensure › Section 120.10 - License Duration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  license shall expire two (2) years after the date it is issued.
(b) A licensee may surrender its license
				  prior to the expiration of such license; however, the surrender of the license
				  shall not automatically invalidate or terminate any pending violations,
				  charges, fines, or proceedings commenced against the licensee.
(c) A licensee surrendering its license shall
				  provide its employees any lawfully required warnings of closures and
				  layoffs.
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 120 - Application and Licensure › Section 120.11 - License Renewal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  application to renew any license issued under this Part shall be filed with the
				  Office not more than one hundred twenty (120) days nor less than sixty (60)
				  days prior to the expiration thereof. Unless otherwise approved by the Office,
				  if a renewal application is not filed at least sixty (60) days prior to the
				  expiration of the license, such application will be untimely for the purpose of
				  review and consideration by the Office, and such license shall expire and
				  become void on such expiration date.
(b) Renewal applications shall be accompanied
				  by a non-refundable application fee and license fee pursuant to section
				  120.4 of this Part.
(c) The application for renewal shall be
				  submitted to the Office, in a manner prescribed by the Board, and include such
				  information as the Board may require, including, but not limited to, providing
				  evidence showing the following:
(1) the
				  licensee's contributions to communities and individuals disproportionally
				  harmed by marihuana prohibition laws;
(2) the licensee has an executed labor peace
				  agreement with a bona-fide labor organization;
(3) the racial, ethnic, and gender diversity
				  of the licensee's employees and owners;
(4) the licensee has adhered to the social
				  responsibility framework set forth by the Office;
(5) compliance with building and fire codes,
				  zoning ordinances, and business licensing requirements or any other as code,
				  local law, or requirement determined by the Office;
(6) an update on the information as described
				  in paragraph (5) of subdivision (b) of section
				  120.7 of this Part;
(7) the licensee has no outstanding filings,
				  reports, fines or other deficiencies with the Office in the operations of its
				  adult-use license; and
(8) any
				  other information requested 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 120 - Application and Licensure › Section 120.13 - Reapplication after License Denial

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant whose application was denied
				  or a licensee whose license was cancelled, suspended, revoked or not renewed,
				  due to one (1) or more of the provisions in paragraphs (1) through (4) of this
				  subdivision, may reapply at any time after the failure or disqualification is
				  cured:
(1) failure to satisfy the age
				  requirement of the Cannabis Law, after which reapplication is permitted only
				  upon attaining the requisite age;
(2) determination that the applicant was a
				  person prohibited from trafficking cannabis, after which reapplication is
				  permitted only upon a change in circumstances whereby the applicant no longer
				  meets the standards as a person prohibited to traffic cannabis pursuant to
				  section 137  of the Cannabis Law;
(3) any statutory or regulatory provision
				  that is subsequently repealed or modified, after which reapplication is
				  permitted only upon a showing that the subsequent repeal or modification of the
				  statutory or regulatory provisions obviates the grounds for denial or
				  revocation and justifies the conclusion that the prior determination should not
				  have been a basis for denying an application; or
(4) the proposed premises was in a location
				  that violated the Cannabis Law or local law, after which reapplication is
				  permitted upon securing a new 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 120 - Application and Licensure › Section 120.14 - Voided Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Upon failure by an applicant to respond to the Office's requests for
				  information or documentation pertaining to their application within the time
				  required by the Office, the application may be deemed void.
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 120 - Application and Licensure › Section 120.15 - Withdrawal of an Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior
				  to the Board issuing or denying a license, an applicant may withdraw an
				  application by providing the Office written notice of such withdrawal. Upon the
				  receipt of such notice the Office will cease processing such
				  application.
(b) If an applicant
				  has previously withdrawn an application, the Office may refrain from processing
				  any application submitted by such applicant within one (1) year from the date
				  of such withdrawal.
(c) No fee or
				  other payment relating to an application shall become refundable by reason of
				  withdrawal of the application, unless the Office determines
				  otherwise.
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 120 - Application and Licensure › Section 120.16 - Standard for Reviewing Disqualifying Offenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of determining whether an
				  applicant qualifies or is suitable for a license under the Cannabis Law,
				  including, but not limited to, with respect to section 137  of the Cannabis Law,
				  the following shall apply with respect to offenses of an applicant and any of
				  its true parties of interest as defined in section
				  118.1 of this Title:
(1) all conditions, offenses, violations and
				  conduct are construed to include New York State law or similar laws of other
				  jurisdictions, provided, however, this shall not be applicable to
				  marihuana-related offenses;
(2) all
				  criminal disqualifying conditions, offenses, violations and conduct include the
				  crimes of attempt, accessory, conspiracy, and solicitation;
(3) juvenile dispositions shall not be
				  considered as a factor for determining qualification or suitability;
(4) where applicable, all look back periods
				  for criminal conditions, offenses, violations and conduct commence on the date
				  of disposition provided, however, that if such disposition results in
				  incarceration in any institution, the look back period shall commence on
				  release from incarceration; and
(5)
				  unless otherwise specified in section 137  of the Cannabis Law, a conviction,
				  offense, violation or conduct shall include convictions, guilty pleas and pleas
				  of nolo contendere.
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 120 - Application and Licensure › Section 120.17 - Notification and Reporting of Business Changes and Amendments for Applicants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant
				  may update their application before it has been approved in a manner determined
				  by the Office.
(b) If an applicant
				  is issued a license, the duty of ongoing disclosures for the licensee and its
				  true party of interests, pursuant to this Title, shall continue throughout the
				  licensed period.
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 120 - Application and Licensure › Section 120.18 - Notification and Reporting of Business Changes and Amendments of Licensees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Duty to Report
				  Licensees have an ongoing duty to report changes or amendments to their
				  operations to the Office as required by the Office and these regulations.
(1) Licensees have a continuing duty to
				  provide the Office with up-to-date contact information and shall notify the
				  Office in writing of any amendments or changes to the mailing addresses, phone
				  numbers, electronic mail addresses, and other contact information they provide
				  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 120 - Application and Licensure › Section 120.20 - Opportunity to Cure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If all
				  material, documentation, and information required by the application form is
				  not submitted, the applicant shall receive a deficiency notice from the
				  Office.
(b) The applicant shall
				  then have the thirty (30) calendar days, to cure such deficiency, as stipulated
				  in the deficiency notice. Such stipulated options to cure may include, but not
				  be limited to:
(1) resubmitting the
				  application in its entirety;
(2)
				  providing all material documentation and information required in the deficiency
				  notice; or
(3) any other
				  requirements as set forth 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 120 - Application and Licensure › Section 120.21 - 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 121 - Social and Economic Equity › Section 121.1 - Qualifications for a Social and Economic Equity Applicant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General Qualifications
To qualify as a social and economic equity applicant, an
					 applicant shall demonstrate, through the mandatory production of documents and
					 other information described in this Part:
(1) that sole control of the applicant is
				  held by:
(i) an individual from a community
				  disproportionately impacted by the enforcement of cannabis
				  prohibition;
(ii) a minority-owned
				  business;
(iii) a women-owned
				  business;
(iv) a distressed farmer;
				  or
(v) a service-disabled veteran
				  owned business.
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 121.2 - Ownership and Sole Control Minimums

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 documents sufficient to
				  demonstrate ownership and sole control by an individual or group of individuals
				  who are from a community disproportionately impacted, members of a minority
				  group, women, service-disabled veterans or distressed farmers as defined in the
				  Cannabis Law and as qualified in section
				  121.1 of this Part, including, but
				  not limited to, the following:
(1)
				  by-laws;
(2) delegations of
				  authority or resolutions of the Board of Directors, if applicable;
(3) any and all incorporation documents that
				  describe all shares of stock or other securities, statements, agreements or
				  memoranda of understanding issued during the time of incorporation or
				  organization or at any time thereafter that remain in full force and effect at
				  the time of application or in response to a demand from the Office;
(4) quarterly payroll records filed with the
				  New York State Department of Labor, or equivalent agencies outside of New York
				  State to demonstrate the size of the workforce;
(5) comparison of employee and executive
				  compensation;
(6) comparison of
				  executive compensation and shareholder compensation or proceeds; and
(7) any other information requested by the
				  Office for determining ownership and sole control.