§ 63. Fees. 1. The board shall have the authority to charge applicants
for licensure under this article a non-refundable application fee. Such
fee may be based on the type of licensure sought, cultivation and/or
production volume, or any other factors deemed reasonable and
appropriate by the board to achieve the policy and purpose of this
chapter.

1-a. (a) In addition to any other fee authorized by this chapter,
there shall be a special licensing fee for a registered organization
adult-use cultivator processor, distributor retail dispensary license
issued pursuant to section sixty-eight-a of this article. Such fee shall
be used to fund social and economic equity and incubator assistance
pursuant to this article and paragraph (c) of subdivision three of
section ninety-nine-ii of the state finance law.

(b) For purposes of this subdivision, "co-located adult-use retail
dispensary" shall mean an adult-use retail dispensary operated by a
registered organization at one of such registered organization's medical
dispensary premises pursuant to section sixty-eight-a of this article.

(c) Such special fee shall be paid as follows:

(i) three million dollars at the time the registered organization
adult-use cultivator processor distributor retail dispensary license is
issued;

(ii) four million dollars within one hundred eighty days of the
opening of the licensee's second co-located adult-use retail dispensary;

(iii) four million dollars within thirty days of the first one hundred
million dollars in revenue generated by the registered organization
adult-use cultivator processor distributor retail dispensary; and

(iv) four million dollars within thirty days of the second one hundred
million dollars in revenue generated by the registered organization
adult-use cultivator processor distributor retail dispensary.

(d) Provided, however, that the board shall not allow registered
organizations to dispense adult-use cannabis from more than three of
their medical cannabis dispensing locations. The timing and manner in
which registered organizations may be granted such authority shall be
determined by the board in regulation.

(e) Failure to make any payment required by paragraph (c) of this
subdivision will result in the suspension of the registered
organization's authority to operate co-located adult-use dispensaries
until such payment is acknowledged by the office.

(f) Failure to make any payment required by paragraph (c) of this
subdivision will result, in the event of the expiration of the license,
in a denial of the renewal of the license.

(g) In the event that a registered organization adult-use cultivator
processor distributor retail dispensary license expires, or is
cancelled, revoked or otherwise terminated, the registered organization
shall not be required to make any payments required by this subdivision
that become due after the date of such expiration, cancellation,
revocation or other termination of the license.

(h) A registered organization adult-use cultivator processor
distributor retail dispensary license approved or issued pursuant to the
provisions of section sixty-eight-a of this article prior to the
effective date of the chapter of the laws of two thousand twenty-five
that added this paragraph shall be subject to the amendments made by
such chapter.

* (i) The office shall determine the special license fees due, if any,
for any co-located adult-use dispensaries operating on the effective
date of the chapter of the laws of two thousand twenty-five that added
this paragraph, provided that:

(i) any payment made prior to such effective date by a registered
organization shall be credited as a payment toward any fee due or that
shall become due under this subdivision, as amended by the chapter of
the laws of two thousand twenty-five; and

(ii) if there is a balance due for a co-located adult-use dispensary
upon such effective date, after applying the credit provided for in this
paragraph, the office shall determine the timing and manner by which
such balance shall be paid by the registered organization.

* NB Repealed February 3, 2026

2. The board shall have the authority to charge licensees a biennial
license fee. Such fee shall be based on the amount of cannabis to be
cultivated, processed, distributed and/or dispensed by the licensee or
the gross annual receipts of the licensee for the previous license
period, and any other factors deemed reasonable and appropriate by the
board.

3. The board shall waive or reduce fees pursuant to this section for
social and economic equity applicants.