136 – Illicit Cannabis.
§ 136. Illicit cannabis. 1. “Illicit cannabis” means and includes any cannabis flower, concentrated cannabis and cannabis product on which any tax required to have been paid under any applicable state law, has not been paid. Illicit cannabis shall not include any cannabis lawfully possessed in accordance with this chapter or the penal law. 2. […]
137 – Persons Forbidden to Traffic Cannabis; Certain Officials Not to Be Interested in Manufacture or Sale of Cannabis Products.
§ 137. Persons forbidden to traffic cannabis; certain officials not to be interested in manufacture or sale of cannabis products. 1. The following are forbidden to traffic in cannabis except in extraordinary circumstances as determined by the board: (a) An individual who has been convicted of an offense related to the functions or duties of […]
138 – Access to Criminal History Information Through the Division of Criminal Justice Services.
§ 138. Access to criminal history information through the division of criminal justice services. In connection with the administration of this chapter, the board is authorized to request, receive and review criminal history information through the division of criminal justice services with respect to any person seeking a registration, license, permit or authorization to cultivate, […]
138-A – Action for Unlawful Business Practices Relating to Cannabis.
§ 138-a. Action for unlawful business practices relating to cannabis. The board or the office of cannabis management shall, in accordance with the authority otherwise conferred in this chapter, have the authority to: 1. order any person who is unlawfully cultivating, processing, distributing or selling cannabis, cannabis product, cannabinoid hemp or hemp extract product, or […]
139 – Severability.
§ 139. Severability. If any provision of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared severable.
127 – Protections for the Use of Cannabis; Unlawful Discriminations Prohibited.
§ 127. Protections for the use of cannabis; unlawful discriminations prohibited. 1. No person, registered organization, licensee or permittee, employees, or their agents shall be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil liability or disciplinary action by a business or occupational […]
128 – Permits, Registrations and Licenses.
§ 128. Permits, registrations and licenses. 1. No permit, registration or license shall be transferable or assignable except that notwithstanding any other provision of law, the permit, registration or license of a sole proprietor converting to corporate form, where such proprietor becomes the sole stockholder and only officer and director of such new corporation, may […]
129 – Laboratory Testing Permits.
§ 129. Laboratory testing permits. 1. The board shall approve and permit one or more independent cannabis testing laboratories to test medical cannabis, adult-use cannabis and/or cannabinoid hemp or hemp extract. 2. To be permitted as an independent cannabis laboratory, a laboratory must apply to the office, on a form and in a manner prescribed […]
130 – Special Use Permits.
§ 130. Special use permits. The board shall have the authority to issue temporary permits for carrying on activities consistent with the policy and purpose of this chapter with respect to cannabis. No special use permit shall extend for a period longer than ninety days and shall not be renewable, except where a permit is […]
131 – Local Opt-Out; Municipal Control and Preemption.
§ 131. Local opt-out; municipal control and preemption. 1. The licensure and establishment of a retail dispensary license and/or on-site consumption license under the provisions of article four of this chapter authorizing the retail sale of adult-use cannabis to cannabis consumers shall not be applicable to a town, city or village which, after the effective […]