Current through Register Vol. 46, No. 39, September 25, 2024
(a) No person shall offer or sell cannabinoid
hemp products to consumers in New York State, or hold itself out as a
cannabinoid hemp retailer, unless it is in compliance with Article 5 of the
Cannabis Law and this Part and is licensed by the office as a cannabinoid hemp
retailer.
(b) An application for
licensure shall be submitted to the office on a form prescribed by the office,
which shall include the following:
(1) the
name, address, telephone number and email address of the applicant;
(2) the physical address of any real property
where the applicant intends to operate, the days and hours of operation of such
retail facility, and for any online retailer, the internet address of the
applicant;
(3) the name, and
license number to the extent practicable, of the manufacturer, packer,
distributor, or cannabinoid hemp processor, and state or country where the
manufacturer, packer, or distributor is located, for all cannabinoid hemp
products the applicant intends to offer for sale;
(4) a summary and description of the types
and forms of cannabinoid hemp products the applicant intends to offer for
sale;
(5) a statement attesting
that the applicant will not sell the following cannabinoid hemp products to
consumers under twenty-one (21) years of age:
(i) flower product;
(ii) concentrated cannabinoid hemp product
including, but not limited to, oil cartridges, prefilled vape devices, shatter,
crumble, wax, resin, or any form intended for inhalation or
vaporization;
(iii) any cannabinoid
hemp product containing more than 0.5 milligrams of total THC per serving;
and
(iv) any other disallowed
product as determined by the office.
(6) a statement attesting that the applicant
and those in control of the entity, meaning a person or persons that have the
ability to direct the activity of the applicant or licensee, including
principals, officers or others with such control, are of good moral
character;
(7) a statement
attesting that the applicant will comply with all applicable state and local
laws and regulations relating to the activities in which it intends to engage
under the license;
(8) a statement
attesting that the applicant will not distribute or sell any cannabinoid hemp
product in the form of an injectable, inhaler, or flower product clearly
labeled or advertised for the purpose of smoking or in the form of a cigarette,
cigar or pre-roll or otherwise packaged or combined with other items designed
to facilitate smoking such as rolling papers or pipes, or any other disallowed
form as determined by the office;
(9) proof of a certificate of authority from
the New York State Department of Taxation and Finance, as applicable;
and
(10) any other information as
may be required by the office.
(c) All applications under this section shall
be accompanied by a refundable license fee of $300 for each retail facility to
be licensed by the office.
(d)
Applicants shall attest to the truth and accuracy of the information contained
in the application. The office, in its discretion, may reject or deny an
application if it determines that information contained therein is false,
inaccurate or omits a material fact.
