§ 63 — Fees

§ 63. Fees. 1. The board shall have the authority to charge applicants\nfor licensure under this article a non-refundable application fee. Such\nfee may be based on the type of licensure sought, cultivation and/or\nproduction volume, or any other factors deemed reasonable and\nappropriate by the board to achieve the policy and purpose of this\nchapter.\n 1-a. (a) In addition to any other fee authorized by this chapter,\nthere shall be a special licensing fee for a registered organization\nadult-use cultivator processor, distributor retail dispensary license\nissued pursuant to section sixty-eight-a of this article. Such fee shall\nbe used to fund social and economic equity and incubator assistance\npursuant to this article and paragraph (c) of subdivision three of\nsection ninety-nine-ii of the state finance law.\n (b) For purposes of this subdivision, "co-located adult-use retail\ndispensary" shall mean an adult-use retail dispensary operated by a\nregistered organization at one of such registered organization's medical\ndispensary premises pursuant to section sixty-eight-a of this article.\n (c) Such special fee shall be paid as follows:\n (i) three million dollars at the time the registered organization\nadult-use cultivator processor distributor retail dispensary license is\nissued;\n (ii) four million dollars within one hundred eighty days of the\nopening of the licensee's second co-located adult-use retail dispensary;\n (iii) four million dollars within thirty days of the first one hundred\nmillion dollars in revenue generated by the registered organization\nadult-use cultivator processor distributor retail dispensary; and\n (iv) four million dollars within thirty days of the second one hundred\nmillion dollars in revenue generated by the registered organization\nadult-use cultivator processor distributor retail dispensary.\n (d) Provided, however, that the board shall not allow registered\norganizations to dispense adult-use cannabis from more than three of\ntheir medical cannabis dispensing locations. The timing and manner in\nwhich registered organizations may be granted such authority shall be\ndetermined by the board in regulation.\n (e) Failure to make any payment required by paragraph (c) of this\nsubdivision will result in the suspension of the registered\norganization's authority to operate co-located adult-use dispensaries\nuntil such payment is acknowledged by the office.\n (f) Failure to make any payment required by paragraph (c) of this\nsubdivision will result, in the event of the expiration of the license,\nin a denial of the renewal of the license.\n (g) In the event that a registered organization adult-use cultivator\nprocessor distributor retail dispensary license expires, or is\ncancelled, revoked or otherwise terminated, the registered organization\nshall not be required to make any payments required by this subdivision\nthat become due after the date of such expiration, cancellation,\nrevocation or other termination of the license.\n (h) A registered organization adult-use cultivator processor\ndistributor retail dispensary license approved or issued pursuant to the\nprovisions of section sixty-eight-a of this article prior to the\neffective date of the chapter of the laws of two thousand twenty-five\nthat added this paragraph shall be subject to the amendments made by\nsuch chapter.\n * (i) The office shall determine the special license fees due, if any,\nfor any co-located adult-use dispensaries operating on the effective\ndate of the chapter of the laws of two thousand twenty-five that added\nthis paragraph, provided that:\n (i) any payment made prior to such effective date by a registered\norganization shall be credited as a payment toward any fee due or that\nshall become due under this subdivision, as amended by the chapter of\nthe laws of two thousand twenty-five; and\n (ii) if there is a balance due for a co-located adult-use dispensary\nupon such effective date, after applying the credit provided for in this\nparagraph, the office shall determine the timing and manner by which\nsuch balance shall be paid by the registered organization.\n * NB Repealed February 3, 2026\n 2. The board shall have the authority to charge licensees a biennial\nlicense fee. Such fee shall be based on the amount of cannabis to be\ncultivated, processed, distributed and/or dispensed by the licensee or\nthe gross annual receipts of the licensee for the previous license\nperiod, and any other factors deemed reasonable and appropriate by the\nboard.\n 3. The board shall waive or reduce fees pursuant to this section for\nsocial and economic equity applicants.\n