N.Y. Cannabis Law § 138-a: Action for unlawful business practices relating to cannabis

§ 138-a. Action for unlawful business practices relating to cannabis.

The board or the office of cannabis management shall, in accordance with

the authority otherwise conferred in this chapter, have the authority

to:

1. order any person who is unlawfully cultivating, processing,

distributing or selling cannabis, cannabis product, cannabinoid hemp or

hemp extract product, or any product marketed or labeled as such in this

state without obtaining the appropriate registration, license, or permit

therefor, or engaging in an indirect retail sale to cease such

prohibited conduct;

2. seize any cannabis, cannabis product, cannabinoid hemp or hemp

extract product, or any product marketed or labeled as such, found in

the possession of a person engaged in the conduct described in

subdivision one of this section and their place of business, including a

vehicle used for such business;

3. initiate or refer the matter to the board for an administrative

proceeding to enforce the provisions of this section;

4. seek injunctive relief against any person engaging in conduct in

violation of this section;

5. request that the attorney general obtain judicial enforcement of an

order issued under subdivision one of this section or bring an action or

proceeding for any relief otherwise authorized under this chapter for a

violation of this chapter, including the recovery of any applicable

civil penalties;

6. in connection with any regulatory inspection or investigation or

action thereafter, review, seize and copy records;

7. in connection with any action or proceeding authorized by this

chapter, request that the attorney general or any police officer or

peace officer seize or remove and hold as evidence all material,

equipment, and instrumentalities used in the creation and maintenance of

the conduct described in subdivision one of this section;

8. upon receipt of one or more complaints that a person is engaged in

conduct described in subdivision one of this section or in connection

with any inspection or subsequent investigation of a person engaged in

the conduct described in subdivision one of this section, issue

subpoenas to any owners, managers, or employees of such person for

information regarding the person and the conduct;

9. with the assistance of law enforcement, seize or impound other

property used in furtherance of the conduct described in subdivision one

of this section;

10. upon an ex parte order to a court, request the court to issue a

restraining order freezing liquid assets to enforce the provisions of

this section and section sixteen-a of this chapter and section one

hundred thirty-two of this article;

11. in accordance with the procedures outlined in section one hundred

thirty-eight-b of this chapter, issue and execute an order to seal a

building or premises of any unlicensed businesses in which any person is

engaged in conduct in violation of this section or section one hundred

twenty-five or one hundred thirty-two of this article;

12. upon receipt of one or more complaints that a person is engaged in

conduct described in subdivision one of this section, apply or request

that the attorney general apply for an ex parte order to the supreme

court in the county in which the place of business is located for an

order granting the office or board access to such place of business. The

court may grant such an order it if determines, based on the evidence

presented, that there is reasonable cause to believe that such place of

business is the same place of business for which the office has received

such complaints;

13. upon finding a violation of this section by a holder of a license

issued by the state liquor authority, a registration issued by the

commissioner of taxation and finance to sell cigarettes or tobacco

products at retail, a registration issued by the commissioner of

taxation and finance to sell vapor products at retail, or a lottery

sales agent license issued by the division of lottery, (a) issue a

notice of violation to the holder or an agent thereof that clearly

states (i) that the holder's state licenses, permits, or registrations

may be at risk of revocation or suspension and (ii) that the holder's

business premises may be subject to an order to seal if upon a

subsequent inspection the office finds that the violation has not been

abated, and (b) notify the agency that issued the authorization that the

holder is in violation of this section; and

14. if any penalty is not paid within six months, enter the amount

thereof as a judgment in the office of the clerk of the county of Albany

and in any other county in which the person resides, has a place of

business, or through which it operates. If such judgment has not been

satisfied within thirty days thereafter, no license, registration, or

permit shall be issued by the board to such person for three years

thereafter.