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 123.8 - Distributor Operations
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 123.8
Current through Register Vol. 46, No. 39, September 25, 2024
(a) A distributor shall:
(1) comply with article
20-C of the Tax Law, as well as other applicable provisions of law.
(2) transport only cannabis products between
adult-use cannabis licensees; and between the licensed premises of an adult-use
cannabis facility for purposes of distributing the cannabis products;
(3) including its employees, who possess or
transport cannabis products upon the public highways, roads or streets of the
state, shall have in their possession invoices or manifests for such cannabis
products. Such invoices or manifests shall show the name and address of the
seller, the name and address of the purchaser, the quantity, product type and
brands of the cannabis products being distributed, and the name and address of
the person who has or shall assume the payment of the tax or the tax paid or
payable. The absence of such invoices or manifests shall be presumptive
evidence that the tax imposed by article 20-C of the Tax Law on cannabis
products has not been paid and is due and owing.
(4) maintain transaction records of all
cannabis product purchased and distributed to distributors, retail
dispensaries, or on-site consumption premises and send such records to the
Office's inventory tracking system, real-time, in a manner determined by the
Office. Such records shall provide enough detail to independently determine the
taxability of each sale, the tax liability for each cannabis product sold and
the amount of tax payable by the distributor.
(i) detailed information required for each
sales transaction, including, but not limited to:
(a) individual cannabis product item(s)
sold;
(b) selling price;
(c) tax due;
(d) method of payment;
(e) employee completing the sales
transaction:
(f) a device used to
complete a sales transaction that may be a combination of software and
hardware;
(g) sales transaction
number;
(h) date and time of the
sale; and
(i) the name, address and
license number of the retail dispensary or on-site consumption
premises.
(ii) a
distributor, retail dispensary and on-site consumption premises shall be
offered a receipt of their purchase which shall include, but not be limited to:
(a) the name, address, and license number of
the distributor;
(b) the date and
time of sale;
(c) the form and the
quantity of cannabis products and any other items sold; and
(d) the first name and the first letter of
the last name of the employee completing the
sale.
(5) keep
and maintain upon the licensed premises adequate books and records to
demonstrate the distributor's actual cost of doing business, using accounting
standards and methods regularly employed in the determination of costs for the
purpose of federal income tax reporting, for the total operation of the
distributor. Such books, records, and invoices shall be kept for a period of
five (5) years and shall be available for inspection by the Office.
(6) a distributor shall comply with any fees,
maximum margins, price posting requirements, and any policies related to market
competition and license availability restrictions determined by the
Office.
(b) In addition to the requirements set forth in subdivision (a) of this section, a distributor shall not:
(1) transport cannabis products to
an adult-use cannabis retail dispensary or on-site consumption premises for
purposes of retail sale unless it is licensed as a distributor pursuant to the
Cannabis Law and this Title;
(2)
transport cannabis products to a retail dispensary or on-site consumption
premises unless the retail dispensary or on-site consumption premises holds a
valid and current license as a retail dispensary or on-site consumption
premises respectively;
(3) accept,
sell, transfer, distribute, or agree to sell, transfer or distribute, any
cannabis product unless it is in a retail package and labeled pursuant to Part
128 of this Title, provided any unlabeled cannabis product in the possession of
a distributor shall be deemed illicit cannabis as defined in section
136 of the
Cannabis Law and may be subject to the penalties described in the Cannabis Law,
Part 133 of this Title, and any other penalties or sanctions as determined by
the Board, including, but not limited to, cancellation, suspension, or
revocation of a license and imposition of fees, civil penalties and any other
penalty;
(4) accept, sell,
transfer, distribute, or agree to sell, transfer or distribute, any cannabis
product that has not been tested pursuant to Part 130 of this Title as
indicated by a certificate of analysis;
(5) furnish or cause to be furnished to any
licensee, any exterior or interior sign, printed, painted, digital or
otherwise, unless authorized 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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