N.Y. Cannabis Law § 11: Functions, powers and duties of the executive director; office of cannabis management

§ 11. Functions, powers and duties of the executive director; office

of cannabis management. The executive director, as authorized by and

through this chapter, shall have the following functions, powers and

duties as provided for in this chapter:

1. To exercise the powers and perform the duties in relation to the

administration of the office of cannabis management as are not

specifically vested by this chapter in, or delegated by, the cannabis

control board.

2. To keep records in such form as they may prescribe of all

registrations, licenses and permits issued and revoked within the state;

such records shall be so kept as to provide ready information as to the

identity of all licensees including the names of the officers and

directors of corporate licensees and the location of all licensed

premises. The executive director may contract to furnish copies of the

records of licenses and permits of each class and type issued within the

state or any political subdivision thereof, for any license or permit

year or term of years not exceeding five years.

3. To conduct regulatory inspections of any place of business,

including a vehicle used for such business, where cannabis, cannabis

product, cannabinoid hemp, hemp extract products, or any products

marketed or labeled as such, are cultivated, processed, manufactured,

distributed, stored, or sold, irrespective of whether a registration,

license, or permit has been issued under this chapter. For the purposes

of this subdivision, "place of business" shall not include a residence

or other real property not otherwise held out as open to the public or

otherwise being utilized in a business or commercial manner or any

private vehicle on or about the same such property, unless probable

cause exists to believe that such residence, real property, or vehicle

are being used in such business or commercial manner for the activity

described herein.

4. To prescribe forms of applications for licenses and permits under

this chapter and of all reports deemed necessary by the board.

5. To conduct regulatory inspections of any registered, licensed or

permitted place of business, including a vehicle used for such business,

where medical cannabis, adult-use cannabis, cannabinoid hemp, hemp

extract products, or any products marketed or labeled as such, are

cultivated, processed, stored, distributed or sold. For the purposes of

this subdivision, "place of business" shall not include a residence or

other real property not otherwise held out as open to the public or

otherwise being utilized in a business or commercial manner or any

private vehicle on or about the same such property, unless probable

cause exists to believe that such residence, real property, or vehicle

are being used in such business or commercial manner for the activity

described herein.

6. To prescribe forms of applications for registrations, licenses and

permits under this chapter and of all reports deemed necessary by the

board.

7. To delegate the powers provided in this section to such other

officers or employees as may be deemed appropriate by the executive

director.

8. To exercise the powers and perform the duties as delegated by the

board in relation to the administration of the office as are necessary,

including but not limited to budgetary and fiscal matters.

9. To enter into contracts, memoranda of understanding, and agreements

to effectuate the policy and purpose of this chapter.

10. To advise and assist the board in carrying out any of its

functions, powers and duties.

11. To coordinate across state agencies and departments in order to

research and study any changes in cannabis use and the impact that

cannabis use and the regulated cannabis industry may have on access to

cannabis products, public health, and public safety.

12. To issue guidance and industry advisories.

13. To create and maintain a publicly available directory of the names

and locations of persons licensed or registered pursuant to this chapter

to engage in retail sales.

14. To create a system whereby persons registered, licensed, or

permitted under this chapter can confirm the registration, license, or

permit of another person for the purposes of ensuring compliance with

this chapter.

15. Beginning January first, two thousand twenty-four and annually

thereafter, report on enforcement actions taken under this chapter and

the enforcement actions taken by the department of taxation and finance,

including the information required to be provided in section four

hundred ninety-six-e of the tax law and to submit such annual report to

the legislature and post it publicly on its website.

16. To share any and all information obtained from applicants and

licensees, as defined in section three of this chapter, to requesting

financial institutions for the purpose of consideration and compliance,

with the consent of such applicants and licensees.