N.Y. Cannabis Law § 85: Provisions governing adult-use cannabis retail dispensaries

§ 85. Provisions governing adult-use cannabis retail dispensaries. 1.

No cannabis retail licensee shall sell, deliver, or give away or cause

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

any person, actually or apparently, under the age of twenty-one years

or, any visibly intoxicated person.

2. Valid proof of age is required for each transaction. No licensee,

or agent or employee of such licensee shall accept as written evidence

of age by any such person for the purchase of any cannabis or cannabis

product, any documentation other than: (a) a valid driver's license or

non-driver identification card issued by the commissioner of motor

vehicles, the federal government, any United States territory,

commonwealth or possession, the District of Columbia, a state government

within the United States or a provincial government of the dominion of

Canada, or (b) a valid passport issued by the United States government

or any other country, or (c) an identification card issued by the armed

forces of the United States. Upon the presentation of such driver's

license or non-driver identification card issued by a governmental

entity, such licensee or agent or employee thereof may perform a

transaction scan as a precondition to the sale of any cannabis or

cannabis product. Nothing in this section shall prohibit a licensee or

agent or employee from performing such a transaction scan on any of the

other documents listed in this subdivision if such documents include a

bar code or magnetic strip that may be scanned by a device capable of

deciphering any electronically readable format. In instances where the

information deciphered by the transaction scan fails to match the

information printed on the driver's license or non-driver identification

card presented by the card holder, or if the transaction scan indicates

that the information is false or fraudulent, the attempted purchase of

the cannabis or cannabis product shall be denied.

3. No cannabis retail licensee shall sell alcoholic beverages, nor

have or possess a license or permit to sell alcoholic beverages, on the

same premises where cannabis products are sold.

4. No sign of any kind printed, painted or electric, advertising any

brand shall be permitted on the exterior or interior of such premises,

except by permission of the board.

5. No cannabis retail licensee shall sell or deliver any cannabis

products to any person with knowledge of, or with reasonable cause to

believe, that the person to whom such cannabis products are being sold,

has acquired the same for the purpose of selling or giving them away in

violation of the provisions of this chapter or in violation of the rules

and regulations of the board.

6. All premises licensed under this section shall be subject to

inspection by any peace officer described in subdivision four of section

2.10 of the criminal procedure law acting pursuant to his or her special

duties, or police officer or any duly authorized representative of the

board. All licensees shall be subject to reasonable inspection by the

office and a person who holds a license must make himself or herself, or

an agent thereof, available and present for any inspection required by

the office. The office shall make reasonable accommodations so that

ordinary business is not interrupted, and safety and security procedures

are not compromised by the inspection.

7. No cannabis retail licensee shall be interested, directly or

indirectly, in any cultivator, processor, distributor or microbusiness

operator licensed pursuant to this article, by stock ownership,

interlocking directors, mortgage or lien on any personal or real

property or by any other means. Any lien, mortgage or other interest or

estate, however, now held by such retailer on or in the personal or real

property of such manufacturer or distributor, which mortgage, lien,

interest or estate was acquired on or before December thirty-first, two

thousand nineteen, shall not be included within the provisions of this

subdivision; provided, however, the burden of establishing the time of

the accrual of the interest comprehended by this subdivision, shall be

upon the person who claims to be entitled to the protection and

exemption afforded hereby.

8. No cannabis retail licensee shall make or cause to be made any loan

to any person engaged in the cultivation, processing or distribution of

cannabis pursuant to this article.

9. Each cannabis retail licensee shall designate the price of each

item of cannabis by attaching to or otherwise displaying immediately

adjacent to each such item displayed in the interior of the licensed

premises where sales are made a price tag, sign or placard setting forth

the price at which each such item is offered for sale therein.

10. No person licensed to sell cannabis products at retail, shall

allow or permit any gambling, or offer any gambling on the licensed

premises, or allow or permit illicit drug activity on the licensed

premises.

11. All adult-use dispensing facilities shall make educational

materials and resources available to cannabis consumers at the point of

sale, as prescribed by the board.

12. The board is authorized, to promulgate regulations governing

licensed adult-use dispensing facilities, including but not limited to,

the hours of operation, size and location of the licensed facility,

types and concentration of product servings offered and establishing a

minimum and maximum margin for retail dispensary markups of cannabis

product or products before selling to a cannabis consumer. It shall be

unlawful for any retail dispensary to sell any adult-use cannabis

product for less than the minimum markup allowed in regulation.