N.Y. Tax Law § 496-d: Enforcement

§ 496-d. Enforcement. The commissioner or the commissioner's duly

authorized representatives are hereby authorized:

(a) To conduct regulatory inspections during normal business hours of

any place of business, including a vehicle used for such business, where

adult-use cannabis products are distributed, placed, stored, sold or

offered for sale. For the purposes of this section, "place of business"

shall not include a residence or other real property, or any personal

vehicle on or about such property, not held out as open to the public or

otherwise being utilized in a business or commercial manner, unless

probable cause exists to believe that such residence, real property or

vehicle is being used in such a business or commercial manner for the

buying or selling of adult-use cannabis products.

(b) To examine any adult-use cannabis products and the books, papers,

invoices and other records of any place of business or vehicle where

adult-use cannabis products are distributed, placed, stored, sold or

offered for sale. Any person in possession, control or occupancy of any

such business is required to give to the commissioner or the

commissioner's duly authorized representatives or the duly authorized

representatives of the office of cannabis management, the means,

facilities, and opportunity for such examinations. For the purposes of

this section, "place of business" shall not include a residence or other

real property, or any personal vehicle on or about such property, not

held out as open to the public or otherwise being utilized in a business

or commercial manner, unless probable cause exists to believe that such

residence, real property or vehicle is being used in such a business or

commercial manner for the buying or selling of adult-use cannabis

products.

(c) If any person registered under section four hundred ninety-four of

this article, or their agents, refuses to give the commissioner, or the

commissioner's duly authorized representatives, the means, facilities

and opportunity for the inspections and examinations required by this

section, the commissioner, after notice and an opportunity for a

hearing, may revoke their registration to distribute or sell adult-use

cannabis products at retail:

(i) for a period of one year for the first such failure;

(ii) for a period of up to three years for a second such failure

within a period of three years; and

(iii) for a period of up to seven years for a third such failure

within five years.

(d) The commissioner or the commissioner's duly authorized

representatives shall seize any illicit cannabis found in any place of

business or vehicle where adult-use cannabis products are distributed,

placed, stored, sold or offered for sale by any person who does not

possess a certificate of registration as described in section four

hundred ninety-four of this chapter.

(e) All illicit cannabis seized pursuant to the authority of this

chapter or any other law of this state shall be turned over to the

office of cannabis management or their authorized representative. Such

seized illicit cannabis shall, after notice and an opportunity for a

hearing, be forfeited to the state. If the office of cannabis management

determines the illicit cannabis cannot be used for law enforcement

purposes, it may, within a reasonable time after the forfeiture of such

illicit cannabis, upon publication in the state registry, destroy such

forfeited illicit cannabis.