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This entry was published on 2024-04-28
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SECTION 11
Functions, powers and duties of the executive director; office of cannabis management
Cannabis (CAN) CHAPTER 7-A, ARTICLE 2
³ 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
administration of the office of cannabis management as are not
specifically vested by this chapter in, or delegated by, the cannabis
control board.

2. To keep records in such form as they may prescribe of all
registrations, licenses and permits issued and revoked within the state;
such records shall be so kept as to provide ready information as to the
identity of all licensees including the names of the officers and
directors of corporate licensees and the location of all licensed
premises. The executive director may contract to furnish copies of the
records of licenses and permits of each class and type issued within the
state or any political subdivision thereof, for any license or permit
year or term of years not exceeding five years.

3. To conduct regulatory inspections of any place of business,
including a vehicle used for such business, where cannabis, cannabis
product, cannabinoid hemp, hemp extract products, or any products
marketed or labeled as such, are cultivated, processed, manufactured,
distributed, stored, or sold, irrespective of whether a registration,
license, or permit has been issued under this chapter. For the purposes
of this subdivision, "place of business" shall not include a residence
or other real property not otherwise held out as open to the public or
otherwise being utilized in a business or commercial manner or any
private vehicle on or about the same such property, unless probable
cause exists to believe that such residence, real property, or vehicle
are being used in such business or commercial manner for the activity
described herein.

4. To prescribe forms of applications for licenses and permits under
this chapter and of all reports deemed necessary by the board.

5. To conduct regulatory inspections of any registered, licensed or
permitted place of business, including a vehicle used for such business,
where medical cannabis, adult-use cannabis, cannabinoid hemp, hemp
extract products, or any products marketed or labeled as such, are
cultivated, processed, stored, distributed or sold. For the purposes of
this subdivision, "place of business" shall not include a residence or
other real property not otherwise held out as open to the public or
otherwise being utilized in a business or commercial manner or any
private vehicle on or about the same such property, unless probable
cause exists to believe that such residence, real property, or vehicle
are being used in such business or commercial manner for the activity
described herein.

6. To prescribe forms of applications for registrations, licenses and
permits under this chapter and of all reports deemed necessary by the
board.

7. To delegate the powers provided in this section to such other
officers or employees as may be deemed appropriate by the executive
director.

8. To exercise the powers and perform the duties as delegated by the
board in relation to the administration of the office as are necessary,
including but not limited to budgetary and fiscal matters.

9. To enter into contracts, memoranda of understanding, and agreements
to effectuate the policy and purpose of this chapter.

10. To advise and assist the board in carrying out any of its
functions, powers and duties.

11. To coordinate across state agencies and departments in order to
research and study any changes in cannabis use and the impact that
cannabis use and the regulated cannabis industry may have on access to
cannabis products, public health, and public safety.

12. To issue guidance and industry advisories.

13. To create and maintain a publicly available directory of the names
and locations of persons licensed or registered pursuant to this chapter
to engage in retail sales.

14. To create a system whereby persons registered, licensed, or
permitted under this chapter can confirm the registration, license, or
permit of another person for the purposes of ensuring compliance with
this chapter.

15. Beginning January first, two thousand twenty-four and annually
thereafter, report on enforcement actions taken under this chapter and
the enforcement actions taken by the department of taxation and finance,
including the information required to be provided in section four
hundred ninety-six-e of the tax law and to submit such annual report to
the legislature and post it publicly on its website.

16. To share any and all information obtained from applicants and
licensees, as defined in section three of this chapter, to requesting
financial institutions for the purpose of consideration and compliance,
with the consent of such applicants and licensees.