New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle B - Division of Alcoholic Beverage Control
Chapter II - Rules of the Office of Cannabis Management
Part 123 - License Specific Authorizations, Requirements and Prohibitions
Section 123.12 - Microbusiness Operations
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 123.12
Current through Register Vol. 46, No. 52, December 24, 2024
(a) A microbusiness shall:
(1) comply with all
rules, regulations, and policies applicable to a cultivator in a tier with the
same canopy size as the microbusiness;
(2) unless otherwise set forth in this
section, comply with all requirements imposed by the Cannabis Law and this
Title on licensed adult-use cultivators, processors, distributors, and
retailers to the extent the microbusiness engages in such activities.
(3) if authorized to cultivate by the Board
on the licensee's application, cultivate with one (1) of the following types of
cultivation: outdoor, mixed light, indoor, or a combination of outdoor with
mixed light. The microbusiness may cultivate within a specified type of
cultivation as approved by the Board on the licensee's application. The maximum
canopy for each type of cultivation, unless otherwise approved by the Office,
shall be the canopy limits set out in paragraph (1) of subdivision (c) of
section 120.3 of this Title;
(4) be permitted to purchase up to 500 pounds
of cannabis, or the extract equivalent, per calendar year from a duly licensed
cultivator, microbusiness, cooperative or collective, ROD or ROND;
(5) be permitted to, in the case of a
significant crop failure as defined by the Office, and written approval from
the Office, purchase additional cannabis or cannabis extract up to a quantity
sufficient to replace that failed crop;
(6) if authorized to process by the Board on
the licensee's application, process no more than 1,700 pounds of biomass per
year, unless the biomass is cultivated solely by the microbusiness exclusively
at its licensed premises;
(7) if
authorized to distribute by the Board on the licensee's application, distribute
only their own cannabis products to retail dispensaries or on-site consumption
premises;
(8) if authorized to
conduct retail sales by the Board on the licensee's application, sell only
their own cannabis products to consumers; and
(9) be authorized to have its retail premises
in a location separate from the premises where it is cultivating or processing
cannabis, provided, however:
(i) the retail
premises complies with all other zoning and operational requirements for retail
dispensary licensees;
(ii) for
licensees in a city with over one million (1,000,000) persons, the retail
premises is located in the same county as the cultivation and if applicable
processing premises; and
(iii) for
licensees outside of a city with over one million (1,000,000) persons, the
retail y premises is located within 25 miles of the cultivation and if
applicable processing premises.
(b) A microbusiness shall not purchase more than 500 pounds of cannabis biomass or extract equivalent cultivated by a cultivator unless the microbusiness suffered a significant crop failure, as defined by the Office, and received prior written approval by the Office.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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