Cannabis Law
Cannabis
CHAPTER 7-A OF THE CONSOLIDATED LAWS CANNABIS LAW
New York Cannabis Law
New York · statute · N.Y. Cannabis Law · 114 active provisions
Cannabis Law
Short Title; Legislative Findings and Intent; Definitions
ARTICLE 1 SHORT TITLE; LEGISLATIVE FINDINGS AND INTENT; DEFINITIONS Section 1. Short title. 2. Legislative findings and intent. 3. Definitions.
N.Y. Cannabis Law § 1
Short title
Section 1. Short title. This chapter shall be known and may be cited and referred to as the "cannabis law".
N.Y. Cannabis Law § 2
Legislative findings and intent
§ 2. Legislative findings and intent. The legislature finds that existing marihuana laws have not been beneficial to the welfare of the general public. Existing laws have been ineffective in reducing or curbing marihuana use and have instead resulted in devastating collateral consequences including mass incarceration a…
N.Y. Cannabis Law § 3
Definitions
§ 3. Definitions. Whenever used in this chapter, unless otherwise expressly stated or unless the context or subject matter requires a different meaning, the following terms shall have the representative meanings hereinafter set forth or indicated: 1. "Applicant" unless otherwise specified in this chapter, shall mean a…
Cannabis Law
New York State Cannabis Control Board
ARTICLE 2 NEW YORK STATE CANNABIS CONTROL BOARD Section 7. Establishment of the cannabis control board or "board". 8. Establishment of an office of cannabis management. 9. Executive director. 10. Powers and duties of the cannabis control board. 11. * Functions, powers and duties of the executive director; office of can…
N.Y. Cannabis Law § 7
Establishment of the cannabis control board or "board"
§ 7. Establishment of the cannabis control board or "board". 1. The cannabis control board is hereby created and shall consist of a chairperson nominated by the governor and with the advice and consent of the senate, with one vote, and four other voting board members as provided for in subdivision two of this section.…
N.Y. Cannabis Law § 8
Establishment of an office of cannabis management
§ 8. Establishment of an office of cannabis management. There is hereby established, within the division of alcoholic beverage control, an independent office of cannabis management, which shall have exclusive jurisdiction to exercise the powers and duties provided by this chapter, except as expressly authorized in sect…
N.Y. Cannabis Law § 9
Executive director
§ 9. Executive director. The office shall exercise its authority, other than powers and duties specifically granted to the board, by and through an executive director nominated by the governor and with the advice and consent of the senate. The executive director shall serve for a term of three years and once confirmed,…
N.Y. Cannabis Law § 10
Powers and duties of the cannabis control board
§ 10. Powers and duties of the cannabis control board. The cannabis control board or "board" shall have the following functions, powers and duties as provided for in this chapter: 1. Discretion to issue or refuse to issue any registration, license or permit provided for in this chapter, as follows: the chairperson, aft…
N.Y. Cannabis Law § 11
Functions, powers and duties of the executive director; office of cannabis management
§ 11. Functions, powers and duties of the executive director; office of cannabis management. The executive director, as authorized by and through this chapter, shall have the following functions, powers and duties as provided for in this chapter: 1. To exercise the powers and perform the duties in relation to the admin…
N.Y. Cannabis Law § 12
Chief equity officer
§ 12. Chief equity officer. The board, by an affirmative vote of at least four members, shall appoint a chief equity officer. The chief equity officer shall receive an annual salary not to exceed an amount appropriated therefor by the legislature and their expenses actually and necessarily incurred in the performance o…
N.Y. Cannabis Law § 13
Rulemaking authority
§ 13. Rulemaking authority. 1. The board shall perform such acts, prescribe such forms and propose such rules, regulations and orders as it may deem necessary or proper to fully effectuate the provisions of this chapter. 2. The board shall, in consultation with the executive director and the chief equity officer, have…
N.Y. Cannabis Law § 14
State cannabis advisory board
§ 14. State cannabis advisory board. 1. The state cannabis advisory board or "advisory board" is established within the office of cannabis management and directed to work in collaboration with the cannabis control board and the executive director to advise and issue recommendations on the use of medical cannabis, adult…
N.Y. Cannabis Law § 15
Disposition of moneys received for license fees
§ 15. Disposition of moneys received for license fees. The board shall establish a scale of application, licensing, and renewal fees, based upon the cost of enforcing this chapter and the size of the cannabis business being licensed, as follows: 1. The board shall charge each registered organization, licensee and permi…
N.Y. Cannabis Law § 16
Violations of cannabis laws or regulations; penalties and injunctions
§ 16. Violations of cannabis laws or regulations; penalties and injunctions. 1. Any person who violates, disobeys or disregards any term or provision of this chapter or of any lawful notice, order or regulation pursuant thereto for which a civil penalty is not otherwise expressly prescribed in this chapter by law, may…
N.Y. Cannabis Law § 16-A
Emergency relief
* § 16-a. Emergency relief. Following service of an order issued by the office of cannabis management requiring immediate cessation of unlicensed activity under this chapter, by a local government pursuant to a local law authorized by section one hundred thirty-one of this chapter or pursuant to an order issued under s…
N.Y. Cannabis Law § 17
Formal hearings; notice and procedure
§ 17. Formal hearings; notice and procedure. 1. The board, or any person designated by them for this purpose, may issue subpoenas and administer oaths in connection with any hearing or investigation under or pursuant to this chapter, and it shall be the duty of the board and any persons designated by them for such purp…
N.Y. Cannabis Law § 18
Ethics, transparency and accountability
§ 18. Ethics, transparency and accountability. No member of the board or office or any officer, deputy, assistant, inspector or employee, or spouse or minor child of such member, officer, assistant, inspector or employee thereof shall have any interest, direct or indirect, either proprietary or by means of any loan, mo…
N.Y. Cannabis Law § 19
Public health and education campaign
§ 19. Public health and education campaign. The office, in consultation with the commissioners of the department of health, office of addiction services and supports, and office of mental health, shall develop and implement a comprehensive public health monitoring, surveillance and education campaign regarding the lega…
N.Y. Cannabis Law § 20
Establish uniform policies and best practices
§ 20. Establish uniform policies and best practices. The office shall engage in activities with other states, territories, or jurisdictions in order to coordinate and establish uniform policies and best practices in cannabis regulation. These activities shall prioritize coordination with neighboring and regional states…
Cannabis Law
Medical Cannabis
ARTICLE 3 MEDICAL CANNABIS Section 30. Certification of patients. 31. Lawful medical use. 32. Validating medical cannabis certifications. 32-a. Medical cannabis patient reciprocity. 33. Registration as a designated caregiver facility. 34. Registered organizations. 35. Registering of registered organizations. 36. Report…
N.Y. Cannabis Law § 30
Certification of patients
§ 30. Certification of patients. 1. A patient certification may only be issued if: (a) the patient has a condition, which shall be specified in the patient's health care record; (b) the practitioner by training or experience is qualified to treat the condition; (c) the patient is under the practitioner's continuing car…
N.Y. Cannabis Law § 31
Lawful medical use
§ 31. Lawful medical use. The possession, acquisition, use, delivery, transfer, transportation, or administration of medical cannabis by a certified patient, designated caregiver or the employees of a designated caregiver facility, for certified medical use, shall be lawful under this article provided that: 1. the cann…
N.Y. Cannabis Law § 32
Validating medical cannabis certifications
§ 32. Validating medical cannabis certifications. 1. When presented with a certification from a practitioner, registered organizations shall confirm certifications and government-issued photo identifications, pursuant to subdivision four of section thirty of this article, of certified patients and designated caregivers…
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