N.Y. Cannabis Law § 126: License to be confined to premises licensed; premises for which no license shall be granted; transporting cannabis

§ 126. License to be confined to premises licensed; premises for which

no license shall be granted; transporting cannabis. 1. A registration,

license, or permit issued to any person, pursuant to this chapter, for

any registered, licensed, or permitted premises shall not be

transferable to any other person, to any other location or premises, or

to any other building or part of the building containing the licensed

premises except in the discretion of the office. All privileges granted

by any registration, license, or permit shall be available only to the

person therein specified, and only for the premises licensed and no

other except if authorized by the board. Provided, however, that the

provisions of this section shall not be deemed to prohibit the amendment

of a registration or license as provided for in this chapter. A

violation of this section shall subject the registration, license, or

permit to revocation for cause.

2. Where a registration or license for premises has been revoked, the

board in its discretion may refuse to issue a registration, license, or

permit under this chapter, for a period of up to five years after such

revocation, for such premises or for any part of the building containing

such premises and connected therewith.

3. In determining whether to issue such a proscription against

granting any registration, license, or permit for such five-year period,

in addition to any other factors deemed relevant to the board, the board

shall, in the case of a license revoked due to the sale of cannabis to a

person under the age of twenty-one not otherwise authorized by this

chapter, determine whether the proposed subsequent licensee has obtained

such premises through an arm's length transaction, and, if such

transaction is not found to be an arm's length transaction, the office

shall deny the issuance of such license.

4. For purposes of this section, "arm's length transaction" shall mean

a sale of a fee of all undivided interests in real property, lease,

management agreement, or other agreement giving the applicant control

over the cannabis at the premises, or any part thereof, in the open

market, between an informed and willing buyer and seller where neither

is under any compulsion to participate in the transaction, unaffected by

any unusual conditions indicating a reasonable possibility that the sale

was made for the purpose of permitting the original licensee to avoid

the effect of the revocation. The following sales shall be presumed not

to be arm's length transactions unless adequate documentation is

provided demonstrating that the sale, lease, management agreement, or

other agreement giving the applicant control over the cannabis at the

premises, was not conducted, in whole or in part, for the purpose of

permitting the original licensee to avoid the effect of the revocation:

(a) a sale between relatives;

(b) a sale between related companies or partners in a business; or

(c) a sale, lease, management agreement, or other agreement giving the

applicant control over the cannabis at the premises, affected by other

facts or circumstances that would indicate that the sale, lease,

management agreement, or other agreement giving the applicant control

over the cannabis at the premises, is entered into for the primary

purpose of permitting the original licensee to avoid the effect of the

revocation.

5. No registered organization, licensee or permittee shall transport

cannabis products or medical cannabis except in vehicles owned and

operated by such registered organization, licensee or permittee, or

hired and operated by such registered organization, licensee or

permittee from a trucking or transportation company permitted and

registered with the board.

6. No common carrier or person operating a transportation facility in

this state, other than the United States government, shall knowingly

receive for transportation or delivery within the state any cannabis

products or medical cannabis unless the shipment is accompanied by a

copy of a bill of lading, or other document, showing the name and

address of the consignor, the name and address of the consignee, the

date of the shipment, and the quantity and kind of cannabis products or

medical cannabis contained therein.