N.Y. Cannabis Law § 13: Rulemaking authority

§ 13. Rulemaking authority. 1. The board shall perform such acts,

prescribe such forms and propose such rules, regulations and orders as

it may deem necessary or proper to fully effectuate the provisions of

this chapter.

2. The board shall, in consultation with the executive director and

the chief equity officer, have the authority to promulgate any and all

necessary rules and regulations governing the cultivation, manufacture,

processing, transportation, distribution, testing, delivery, and sale of

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

extract, including but not limited to the registration of organizations

authorized to sell medical cannabis, the licensing and/or permitting of

adult-use cannabis cultivators, processors, cooperatives, microbusiness,

distributors, laboratories, and retailers, and the licensing of

cannabinoid hemp and hemp extract producers and processors pursuant to

this chapter, including, but not limited to:

(a) prescribing forms and establishing application, reinstatement, and

renewal fees;

(b) the qualifications and selection criteria for registration,

licensing, or permitting;

(c) the books and records to be created and maintained by all

registered organizations, licensees, and permittees, including the

reports to be made thereon to the office, and inspection of any and all

books and records maintained by any registered organization, licensee,

or permittee and on the premises of any registered organization,

licensee, or permittee;

(d) methods of producing, processing, and packaging cannabis, medical

cannabis, cannabis-infused products, concentrated cannabis, and

cannabinoid hemp and hemp extract; conditions of sanitation, and

standards of ingredients, quality, and identity of cannabis products

cultivated, processed, packaged, or sold by any registered organizations

and licensees;

(e) security requirements for medical cannabis and adult-use cannabis

retail dispensaries and premises where cannabis products, medical

cannabis, and cannabinoid hemp and hemp extract, are cultivated,

produced, processed, or stored, and safety protocols for registered

organizations, licensees and their employees;

(f) hearing procedures and additional causes for cancellation,

suspension, revocation, and/or civil penalties against any person

registered, licensed, or permitted by the board; and

(g) the circumstances, manner and process by which an applicant,

registered organization, licensee, or permittee, may apply to change or

alter its previously submitted or approved owners, managers, members,

directors, financiers, or interest holders.

3. The board shall promulgate rules and regulations that are designed

to:

(a) prevent the distribution of adult-use cannabis or cannabis product

to persons under twenty-one years of age, including the modification of

tobacco vaping products for use with cannabis;

(b) prevent the revenue from the sale of cannabis from going to

criminal enterprises;

(c) prevent the diversion and inversion of cannabis from this state to

other states and from other states into this state, insofar as cannabis

remains federally prohibited;

(d) prevent cannabis, hemp, cannabinoid hemp and hemp extract activity

that is legal under state law from being used as a cover or pretext for

the trafficking of other illegal drugs or other illegal activity;

(e) inform the public about the dangers of driving while impaired and

the public health consequences associated with the use of cannabis;

(f) prevent the growing of cannabis on public lands;

(g) inform the public about the prohibition on the possession and use

of cannabis on federal property; and

(h) establish application, licensing, and permitting processes which

ensure all material owners and interest holders are disclosed and that

officials or other individuals with control over the approval of an

application, permit, or license do not themselves have any interest in

an application, license, or permit.

4. The board, in consultation with the department of agriculture and

markets and the department of environmental conservation, shall

promulgate necessary rules and regulations governing the safe production

of cannabis, including environmental and energy standards and

restrictions on the use of pesticides and best practices for water and

energy conservation.

5. Emergency rules and regulations: In adopting any emergency rule,

the board shall comply with the provisions of subdivision six of section

two hundred two of the state administrative procedure act and

subdivision three of section one hundred one-a of the executive law;

provided, however, that notwithstanding the provisions of such laws:

(a) Such emergency rule may remain in effect for no longer than one

hundred twenty days, unless within such time the board complies with the

provisions of such laws and adopts the rule as a permanent rule;

(b) If, prior to the expiration of a rule adopted pursuant to this

paragraph, the board finds that the readoption of such rule on an

emergency basis or the adoption of a substantially similar rule on an

emergency basis is necessary for the preservation of the public health,

safety or general welfare the agency may only readopt the rule on an

emergency basis or adopt a substantially similar rule on an emergency

basis if on or before the date of such action the board has also

submitted a notice of proposed rule making pursuant to subdivision six

of section two hundred two of the state administrative procedure act and

subdivision three of section one hundred one-a of the executive law. An

emergency rule adopted pursuant to this paragraph may remain in effect

for no longer than one hundred twenty days;

(c) An emergency rule adopted pursuant to this subdivision or a

substantially similar rule adopted on an emergency basis may remain in

effect for no longer than one hundred twenty days, but upon the

expiration of such one hundred twenty-day period no further readoptions

or adoptions of substantially similar rules shall be permitted for a

period of one hundred twenty days. Nothing in this subdivision shall

preclude the adoption of such rule by submitting a notice of adoption

pursuant to subdivision five of section two hundred two of the state

administrative procedure act; and

(d) Strict compliance with the provisions of this subdivision shall be

required, and any emergency rule or substantially similar rule that does

not so comply shall be void and of no legal effect.

6. The board shall have the authority to promulgate regulations

governing the appropriate use and licensure of the manufacturing of

cannabinoids, or other compounds contained within the cannabis plant,

through any method other than planting, growing, cloning, harvesting, or

other traditional means of plant agriculture.