S T A T E O F N E W Y O R K
________________________________________________________________________
9389
I N A S S E M B L Y
March 6, 2024
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Introduced by M. of A. FALL -- read once and referred to the Committee
on Economic Development
AN ACT to amend the cannabis law, in relation to enacting the "cannabis
oversight and official engagement act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "cannabis oversight and official engagement act".
§ 2. The cannabis law is amended by adding a new section 76-a to read
as follows:
§ 76-A. NOTIFICATION TO ELECTED OFFICIALS OF ADULT-USE RETAIL DISPEN-
SARY LICENSE. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ADULT-USE RETAIL DISPENSARY LICENSE" MEANS AN ADULT-USE RETAIL
DISPENSARY LICENSE ISSUED PURSUANT TO SECTION SEVENTY-TWO OF THIS ARTI-
CLE.
(B) "ELECTED OFFICIAL" MEANS THE ELECTED MEMBER OF THE ASSEMBLY OR
SENATE REPRESENTING A LEGISLATIVE DISTRICT.
(C) "LEGISLATIVE DISTRICT" MEANS AN ASSEMBLY OR SENATE DISTRICT IN THE
STATE, AS DESIGNATED BY THE MOST RECENTLY APPROVED DISTRICTING OR REDIS-
TRICTING PLAN.
2. NOTICE REQUIREMENT. (A) PRIOR TO THE APPROVAL OF ANY APPLICATION
FOR AN ADULT-USE RETAIL DISPENSARY LICENSE, THE OFFICE SHALL NOTIFY THE
ELECTED OFFICIALS REPRESENTING THE LEGISLATIVE DISTRICTS WITHIN WHICH
THE PROPOSED ADULT-USE RETAIL DISPENSARY WOULD BE LOCATED OF SUCH APPLI-
CATION. SUCH NOTICE SHALL BE SENT NO LATER THAN THIRTY DAYS BEFORE A
DECISION IS MADE REGARDING SUCH APPLICATION. SUCH NOTICE SHALL BE SENT
BY CERTIFIED MAIL, ELECTRONIC MAIL, OR ANY OTHER METHOD DEEMED RELIABLE
BY THE OFFICE.
(B) THE NOTICE REQUIRED UNDER PARAGRAPH (A) OF THIS SUBDIVISION SHALL
INCLUDE:
(I) THE TRADE NAME AND ADDRESS OF THE PROPOSED ADULT-USE RETAIL
DISPENSARY;
(II) THE FULL NAME AND CONTACT INFORMATION OF THE APPLICANT;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14656-01-4
A. 9389 2
(III) A SUMMARY OF THE PROPOSED OPERATION AND BUSINESS MODEL OF THE
PROPOSED ADULT-USE RETAIL DISPENSARY;
(IV) THE DATE, TO BE DETERMINED BY THE OFFICE, BY WHICH THE ELECTED
OFFICIALS MAY SUBMIT ANY COMMENTS OR OBJECTIONS REGARDING THE APPLICA-
TION FOR AN ADULT-USE RETAIL DISPENSARY LICENSE; AND
(V) ANY OTHER INFORMATION AS MAY BE DETERMINED BY THE OFFICE.
3. RESPONSE FROM ELECTED OFFICIALS. ELECTED OFFICIALS MAY SUBMIT TO
THE OFFICE ANY WRITTEN FEEDBACK, SUPPORT, CONCERNS, OR OBJECTIONS THEY
MAY HAVE REGARDING AN APPLICATION FOR AN ADULT-USE RETAIL DISPENSARY
LICENSE WITHIN TWENTY DAYS OF RECEIPT OF THE NOTICE SENT PURSUANT TO
SUBDIVISION TWO OF THIS SECTION. THE OFFICE SHALL CONSIDER ANY SUCH
WRITTEN FEEDBACK, SUPPORT, CONCERNS, OR OBJECTIONS SUBMITTED BY ELECTED
OFFICIALS IN MAKING ITS DECISION TO APPROVE OR REJECT AN APPLICATION FOR
AN ADULT-USE RETAIL DISPENSARY LICENSE.
4. RECORD AND TRANSPARENCY. ALL COMMUNICATIONS BETWEEN THE OFFICE AND
ELECTED OFFICIALS PURSUANT TO THIS SECTION SHALL BE A PART OF THE PUBLIC
RECORD, SUBJECT TO ANY APPLICABLE STATE OR FEDERAL LAWS CONCERNING
PRIVACY AND CONFIDENTIALITY. THE OFFICE SHALL PUBLISH ALL SUCH COMMUNI-
CATIONS AND ITS FINAL DECISION REGARDING ANY APPLICATION FOR AN ADULT-
USE RETAIL DISPENSARY ON ITS WEBSITE.
5. RULES AND REGULATIONS. THE OFFICE IS AUTHORIZED TO PROMULGATE ANY
RULES AND/OR REGULATIONS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
SECTION.
§ 3. This act shall take effect immediately, and shall apply to all
applications for adult-use retail dispensary licenses submitted to the
office of cannabis management on or after such date.