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This entry was published on 2024-04-28
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SECTION 125
General prohibitions and restrictions
Cannabis (CAN) CHAPTER 7-A, ARTICLE 6
³ 125. General prohibitions and restrictions. 1. No person shall
cultivate, process, distribute for sale or sell at wholesale or retail
or deliver to consumers any cannabis, cannabis product, medical cannabis
or cannabinoid hemp or hemp extract product, or any product marketed or
labeled as such, within the state without obtaining the appropriate
registration, license, or permit therefor required by this chapter
unless otherwise authorized by law.

1-a. No person shall engage in an indirect retail sale irrespective of
whether such person has obtained a registration, license, or permit
issued under this chapter.

1-b. Any activity conducted in violation of subdivision one or one-a
of this section presents a danger to public health, safety, and welfare.

2. No registered organization, licensee, or permittee or other entity
under the jurisdiction of the board shall sell, or agree to sell or
deliver in this state any cannabis or cannabinoid hemp or hemp extract
for the purposes of resale to any person who is not duly registered,
licensed or permitted pursuant to this chapter to sell such product, at
wholesale or retail, as the case may be, at the time of such agreement
and sale.

3. No registered organization, licensee, or permittee or other entity
under the jurisdiction of the board shall employ, or permit to be
employed, or shall allow to work, on any premises registered or licensed
for retail sale hereunder, any person under the age of eighteen years in
any capacity where the duties of such person require or permit such
person to sell, dispense or handle cannabis. Any employee eighteen years
of age or older and under twenty-one years of age may not have direct
interaction with customers inside a licensed retail store.

4. No registered organization, licensee, or permittee, or other entity
under the jurisdiction of the board, shall sell, deliver or give away,
or cause, permit or procure to be sold, delivered or given away any
cannabis, cannabis product, or medical cannabis on credit; except that a
registered organization, licensee or permittee may accept third party
credit cards for the sale of any cannabis, cannabis product, or medical
cannabis for which it is registered, licensed or permitted to dispense
or sell to patients or cannabis consumers. This includes, but is not
limited to, any consignment sale of any kind.

5. No registered organization, licensee, or permittee, or other entity
under the jurisdiction of the board, shall cease to be operated as a
bona fide or legitimate premises within the contemplation of the
registration, license, or permit issued for such premises, as determined
within the judgment of the board.

6. No registered organization, licensee, or permittee, or other entity
under the jurisdiction of the board, shall refuse, nor any person
holding a registration, license, or permit refuse, nor any officer or
director of any corporation or organization holding a registration,
license, or permit refuse, to appear and/or testify under oath at an
inquiry or hearing held by the board, with respect to any matter bearing
upon the registration, license, or permit, the conduct of any people at
the licensed premises, or bearing upon the character or fitness of such
registrant, licensee, or permittee, or other entity under the
jurisdiction of the board, to continue to hold any registration,
license, or permit. Nor shall any of the above offer false testimony
under oath at such inquiry or hearing.

7. No registered organization, licensee, or permittee, or other entity
under the jurisdiction of the board, shall engage, participate in, or
aid or abet any violation of any provision of this chapter, or the rules
or regulations of the board.

8. It shall be the responsibility of the registered organization,
licensee or permittee, or other entity under the jurisdiction of the
board, to exercise adequate supervision over the registered, licensed or
permitted location. Persons registered, licensed, or permitted shall be
held strictly accountable for any and all violations that occur upon any
registered, licensed, or permitted premises, and for any and all
violations committed by or permitted by any manager, agent or employee
of such registered, licensed, or permitted person.

9. As it is a privilege under the law to be registered, licensed, or
permitted to cultivate, process, distribute, or sell cannabis, the board
may impose any such further restrictions upon any registrant, licensee,
or permittee in particular instances as it deems necessary to further
state policy and best serve the public interest. A violation or failure
of any person registered, licensed, or permitted to comply with any
condition, stipulation, or agreement, upon which any registration,
license, or permit was issued or renewed by the board may, in accordance
with this chapter subject the registrant, licensee, or permittee to
suspension, cancellation, revocation, and/or civil penalties in
accordance with this chapter, as determined by the board.

10. No adult-use cannabis or medical cannabis may be imported to, or
exported out of, New York state by a registered organization, licensee
or person holding a license and/or permit pursuant to this chapter,
until such time as it may become legal to do so under federal law.
Should it become legal to do so under federal law, the board may
promulgate such rules and regulations as it deems necessary to protect
the public and the policy of the state, including but not limited to
prioritize and promote New York cannabis. Further, all such cannabis or
cannabis products must be distributed in a manner consistent with the
provisions of this chapter.

11. No registered organization, licensee or any of its agents,
servants or employees shall sell any cannabis product, or medical
cannabis from house to house by means of a truck or otherwise, where the
sale is consummated and delivery made concurrently at the residence or
place of business of a cannabis consumer. This subdivision shall not
prohibit the delivery by a registered organization to certified patients
or their designated caregivers, pursuant to article three of this
chapter.

12. No licensee shall employ any canvasser or solicitor for the
purpose of receiving an order from a certified patient, designated
caregiver or cannabis consumer for any cannabis product, or medical
cannabis at the residence or place of business of such patient,
caregiver or consumer, nor shall any licensee receive or accept any
order, for the sale of any cannabis product, or medical cannabis which
shall be solicited at the residence or place of business of a patient,
caregiver or consumer. This subdivision shall not prohibit the
solicitation by a distributor of an order from any licensee at the
licensed premises of such licensee.