§ 11 — Functions, powers and duties of the executive director; office of cannabis management

New York § 11

• Jurisdiction: New York
• Law CAN: Cannabis
• Art. 2: New York State Cannabis Control Board

Text

§ 11. Functions, powers and duties of the executive director; office\nof cannabis management. The executive director, as authorized by and\nthrough this chapter, shall have the following functions, powers and\nduties as provided for in this chapter:\n 1. To exercise the powers and perform the duties in relation to the\nadministration of the office of cannabis management as are not\nspecifically vested by this chapter in, or delegated by, the cannabis\ncontrol board.\n 2. To keep records in such form as they may prescribe of all\nregistrations, licenses and permits issued and revoked within the state;\nsuch records shall be so kept as to provide ready information as to the\nidentity of all licensees including the names of the officers and\ndirectors of corporate licensees and the location of all licensed\npremises. The executive director may contract to furnish copies of the\nrecords of licenses and permits of each class and type issued within the\nstate or any political subdivision thereof, for any license or permit\nyear or term of years not exceeding five years.\n 3. To conduct regulatory inspections of any place of business,\nincluding a vehicle used for such business, where cannabis, cannabis\nproduct, cannabinoid hemp, hemp extract products, or any products\nmarketed or labeled as such, are cultivated, processed, manufactured,\ndistributed, stored, or sold, irrespective of whether a registration,\nlicense, or permit has been issued under this chapter. For the purposes\nof this subdivision, "place of business" shall not include a residence\nor other real property not otherwise held out as open to the public or\notherwise being utilized in a business or commercial manner or any\nprivate vehicle on or about the same such property, unless probable\ncause exists to believe that such residence, real property, or vehicle\nare being used in such business or commercial manner for the activity\ndescribed herein.\n 4. To prescribe forms of applications for licenses and permits under\nthis chapter and of all reports deemed necessary by the board.\n 5. To conduct regulatory inspections of any registered, licensed or\npermitted place of business, including a vehicle used for such business,\nwhere medical cannabis, adult-use cannabis, cannabinoid hemp, hemp\nextract products, or any products marketed or labeled as such, are\ncultivated, processed, stored, distributed or sold. For the purposes of\nthis subdivision, "place of business" shall not include a residence or\nother real property not otherwise held out as open to the public or\notherwise being utilized in a business or commercial manner or any\nprivate vehicle on or about the same such property, unless probable\ncause exists to believe that such residence, real property, or vehicle\nare being used in such business or commercial manner for the activity\ndescribed herein.\n 6. To prescribe forms of applications for registrations, licenses and\npermits under this chapter and of all reports deemed necessary by the\nboard.\n 7. To delegate the powers provided in this section to such other\nofficers or employees as may be deemed appropriate by the executive\ndirector.\n 8. To exercise the powers and perform the duties as delegated by the\nboard in relation to the administration of the office as are necessary,\nincluding but not limited to budgetary and fiscal matters.\n 9. To enter into contracts, memoranda of understanding, and agreements\nto effectuate the policy and purpose of this chapter.\n 10. To advise and assist the board in carrying out any of its\nfunctions, powers and duties.\n 11. To coordinate across state agencies and departments in order to\nresearch and study any changes in cannabis use and the impact that\ncannabis use and the regulated cannabis industry may have on access to\ncannabis products, public health, and public safety.\n 12. To issue guidance and industry advisories.\n 13. To create and maintain a publicly available directory of the names\nand locations of persons licensed or registered pursuant to this chapter\nto engage in retail sales.\n 14. To create a system whereby persons registered, licensed, or\npermitted under this chapter can confirm the registration, license, or\npermit of another person for the purposes of ensuring compliance with\nthis chapter.\n 15. Beginning January first, two thousand twenty-four and annually\nthereafter, report on enforcement actions taken under this chapter and\nthe enforcement actions taken by the department of taxation and finance,\nincluding the information required to be provided in section four\nhundred ninety-six-e of the tax law and to submit such annual report to\nthe legislature and post it publicly on its website.\n 16. To share any and all information obtained from applicants and\nlicensees, as defined in section three of this chapter, to requesting\nfinancial institutions for the purpose of consideration and compliance,\nwith the consent of such applicants and licensees.\n