N.Y. Cannabis Law § 125: General prohibitions and restrictions

§ 125. General prohibitions and restrictions. 1. No person shall

cultivate, process, distribute for sale or sell at wholesale or retail

or deliver to consumers any cannabis, cannabis product, medical cannabis

or cannabinoid hemp or hemp extract product, or any product marketed or

labeled as such, within the state without obtaining the appropriate

registration, license, or permit therefor required by this chapter

unless otherwise authorized by law.

1-a. No person shall engage in an indirect retail sale irrespective of

whether such person has obtained a registration, license, or permit

issued under this chapter.

1-b. Any activity conducted in violation of subdivision one or one-a

of this section presents a danger to public health, safety, and welfare.

2. No registered organization, licensee, or permittee or other entity

under the jurisdiction of the board shall sell, or agree to sell or

deliver in this state any cannabis or cannabinoid hemp or hemp extract

for the purposes of resale to any person who is not duly registered,

licensed or permitted pursuant to this chapter to sell such product, at

wholesale or retail, as the case may be, at the time of such agreement

and sale.

3. No registered organization, licensee, or permittee or other entity

under the jurisdiction of the board shall employ, or permit to be

employed, or shall allow to work, on any premises registered or licensed

for retail sale hereunder, any person under the age of eighteen years in

any capacity where the duties of such person require or permit such

person to sell, dispense or handle cannabis. Any employee eighteen years

of age or older and under twenty-one years of age may not have direct

interaction with customers inside a licensed retail store.

4. No registered organization, licensee, or permittee, or other entity

under the jurisdiction of the board, shall sell, deliver or give away,

or cause, permit or procure to be sold, delivered or given away any

cannabis, cannabis product, or medical cannabis on credit; except that a

registered organization, licensee or permittee may accept third party

credit cards for the sale of any cannabis, cannabis product, or medical

cannabis for which it is registered, licensed or permitted to dispense

or sell to patients or cannabis consumers. This includes, but is not

limited to, any consignment sale of any kind.

5. No registered organization, licensee, or permittee, or other entity

under the jurisdiction of the board, shall cease to be operated as a

bona fide or legitimate premises within the contemplation of the

registration, license, or permit issued for such premises, as determined

within the judgment of the board.

6. No registered organization, licensee, or permittee, or other entity

under the jurisdiction of the board, shall refuse, nor any person

holding a registration, license, or permit refuse, nor any officer or

director of any corporation or organization holding a registration,

license, or permit refuse, to appear and/or testify under oath at an

inquiry or hearing held by the board, with respect to any matter bearing

upon the registration, license, or permit, the conduct of any people at

the licensed premises, or bearing upon the character or fitness of such

registrant, licensee, or permittee, or other entity under the

jurisdiction of the board, to continue to hold any registration,

license, or permit. Nor shall any of the above offer false testimony

under oath at such inquiry or hearing.

7. No registered organization, licensee, or permittee, or other entity

under the jurisdiction of the board, shall engage, participate in, or

aid or abet any violation of any provision of this chapter, or the rules

or regulations of the board.

8. It shall be the responsibility of the registered organization,

licensee or permittee, or other entity under the jurisdiction of the

board, to exercise adequate supervision over the registered, licensed or

permitted location. Persons registered, licensed, or permitted shall be

held strictly accountable for any and all violations that occur upon any

registered, licensed, or permitted premises, and for any and all

violations committed by or permitted by any manager, agent or employee

of such registered, licensed, or permitted person.

9. As it is a privilege under the law to be registered, licensed, or

permitted to cultivate, process, distribute, or sell cannabis, the board

may impose any such further restrictions upon any registrant, licensee,

or permittee in particular instances as it deems necessary to further

state policy and best serve the public interest. A violation or failure

of any person registered, licensed, or permitted to comply with any

condition, stipulation, or agreement, upon which any registration,

license, or permit was issued or renewed by the board may, in accordance

with this chapter subject the registrant, licensee, or permittee to

suspension, cancellation, revocation, and/or civil penalties in

accordance with this chapter, as determined by the board.

10. No adult-use cannabis or medical cannabis may be imported to, or

exported out of, New York state by a registered organization, licensee

or person holding a license and/or permit pursuant to this chapter,

until such time as it may become legal to do so under federal law.

Should it become legal to do so under federal law, the board may

promulgate such rules and regulations as it deems necessary to protect

the public and the policy of the state, including but not limited to

prioritize and promote New York cannabis. Further, all such cannabis or

cannabis products must be distributed in a manner consistent with the

provisions of this chapter.

11. No registered organization, licensee or any of its agents,

servants or employees shall sell any cannabis product, or medical

cannabis from house to house by means of a truck or otherwise, where the

sale is consummated and delivery made concurrently at the residence or

place of business of a cannabis consumer. This subdivision shall not

prohibit the delivery by a registered organization to certified patients

or their designated caregivers, pursuant to article three of this

chapter.

12. No licensee shall employ any canvasser or solicitor for the

purpose of receiving an order from a certified patient, designated

caregiver or cannabis consumer for any cannabis product, or medical

cannabis at the residence or place of business of such patient,

caregiver or consumer, nor shall any licensee receive or accept any

order, for the sale of any cannabis product, or medical cannabis which

shall be solicited at the residence or place of business of a patient,

caregiver or consumer. This subdivision shall not prohibit the

solicitation by a distributor of an order from any licensee at the

licensed premises of such licensee.