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This entry was published on 2021-04-09
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Provisions governing adult-use cannabis retail dispensaries
§ 85. Provisions governing adult-use cannabis retail dispensaries. 1.
No cannabis retail licensee shall sell, deliver, or give away or cause
or permit or procure to be sold, delivered or given away any cannabis to
any person, actually or apparently, under the age of twenty-one years
or, any visibly intoxicated person.

2. Valid proof of age is required for each transaction. No licensee,
or agent or employee of such licensee shall accept as written evidence
of age by any such person for the purchase of any cannabis or cannabis
product, any documentation other than: (a) a valid driver's license or
non-driver identification card issued by the commissioner of motor
vehicles, the federal government, any United States territory,
commonwealth or possession, the District of Columbia, a state government
within the United States or a provincial government of the dominion of
Canada, or (b) a valid passport issued by the United States government
or any other country, or (c) an identification card issued by the armed
forces of the United States. Upon the presentation of such driver's
license or non-driver identification card issued by a governmental
entity, such licensee or agent or employee thereof may perform a
transaction scan as a precondition to the sale of any cannabis or
cannabis product. Nothing in this section shall prohibit a licensee or
agent or employee from performing such a transaction scan on any of the
other documents listed in this subdivision if such documents include a
bar code or magnetic strip that may be scanned by a device capable of
deciphering any electronically readable format. In instances where the
information deciphered by the transaction scan fails to match the
information printed on the driver's license or non-driver identification
card presented by the card holder, or if the transaction scan indicates
that the information is false or fraudulent, the attempted purchase of
the cannabis or cannabis product shall be denied.

3. No cannabis retail licensee shall sell alcoholic beverages, nor
have or possess a license or permit to sell alcoholic beverages, on the
same premises where cannabis products are sold.

4. No sign of any kind printed, painted or electric, advertising any
brand shall be permitted on the exterior or interior of such premises,
except by permission of the board.

5. No cannabis retail licensee shall sell or deliver any cannabis
products to any person with knowledge of, or with reasonable cause to
believe, that the person to whom such cannabis products are being sold,
has acquired the same for the purpose of selling or giving them away in
violation of the provisions of this chapter or in violation of the rules
and regulations of the board.

6. All premises licensed under this section shall be subject to
inspection by any peace officer described in subdivision four of section
2.10 of the criminal procedure law acting pursuant to his or her special
duties, or police officer or any duly authorized representative of the
board. All licensees shall be subject to reasonable inspection by the
office and a person who holds a license must make himself or herself, or
an agent thereof, available and present for any inspection required by
the office. The office shall make reasonable accommodations so that
ordinary business is not interrupted, and safety and security procedures
are not compromised by the inspection.

7. No cannabis retail licensee shall be interested, directly or
indirectly, in any cultivator, processor, distributor or microbusiness
operator licensed pursuant to this article, by stock ownership,
interlocking directors, mortgage or lien on any personal or real
property or by any other means. Any lien, mortgage or other interest or
estate, however, now held by such retailer on or in the personal or real
property of such manufacturer or distributor, which mortgage, lien,
interest or estate was acquired on or before December thirty-first, two
thousand nineteen, shall not be included within the provisions of this
subdivision; provided, however, the burden of establishing the time of
the accrual of the interest comprehended by this subdivision, shall be
upon the person who claims to be entitled to the protection and
exemption afforded hereby.

8. No cannabis retail licensee shall make or cause to be made any loan
to any person engaged in the cultivation, processing or distribution of
cannabis pursuant to this article.

9. Each cannabis retail licensee shall designate the price of each
item of cannabis by attaching to or otherwise displaying immediately
adjacent to each such item displayed in the interior of the licensed
premises where sales are made a price tag, sign or placard setting forth
the price at which each such item is offered for sale therein.

10. No person licensed to sell cannabis products at retail, shall
allow or permit any gambling, or offer any gambling on the licensed
premises, or allow or permit illicit drug activity on the licensed

11. All adult-use dispensing facilities shall make educational
materials and resources available to cannabis consumers at the point of
sale, as prescribed by the board.

12. The board is authorized, to promulgate regulations governing
licensed adult-use dispensing facilities, including but not limited to,
the hours of operation, size and location of the licensed facility,
types and concentration of product servings offered and establishing a
minimum and maximum margin for retail dispensary markups of cannabis
product or products before selling to a cannabis consumer. It shall be
unlawful for any retail dispensary to sell any adult-use cannabis
product for less than the minimum markup allowed in regulation.