N.Y.
Cannabis Law Section 137
Persons forbidden to traffic cannabis
- certain officials not to be interested in manufacture or sale of cannabis products
1.
The following are forbidden to traffic in cannabis except in extraordinary circumstances as determined by the board:(a)
An individual who has been convicted of an offense related to the functions or duties of owning and operating a business within three years of the application date, except that if the board determines that the owner or licensee is otherwise suitable to be issued a license, and the board determines granting the license is not inconsistent with public safety, the board shall conduct a thorough review of the nature of the crime, conviction, circumstances and evidence of rehabilitation of the owner in accordance with article twenty-three-A of the correction law, and shall evaluate the suitability of the owner or licensee to be issued a license based on the evidence found through the review. In determining which offenses are substantially related to the functions or duties of owning and operating a business, the board shall include, but not be limited to, the following:(i)
a felony conviction within the past five years involving fraud, money laundering, forgery or other unlawful conduct related to owning and operating a business; and(ii)
a felony conviction within the past five years for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.(b)
A person under the age of twenty-one years;(c)
A partnership or a corporation, unless each member of the partnership, or each of the principal officers and directors of the corporation, is a citizen of the United States or a person lawfully admitted for permanent residence in the United States, not less than twenty-one years of age; provided however that a corporation which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal officers and more than one-half of its directors are citizens of the United States or persons lawfully admitted for permanent residence in the United States; and provided further that a corporation organized under the not-for-profit corporation law or the education law which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal officers and directors are not less than twenty-one years of age; and provided, further, that a corporation organized under the not-for-profit corporation law or the education law and located on the premises of a college as defined by Education Law § 2 (Definitions)section two of the education law which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal officers and each of its directors are not less than twenty-one years of age;(d)
A person who shall have had any registration or license issued under this chapter revoked for cause, until the expiration of one year from the date of such revocation; (d-1) A person who has been found to have engaged in unlicensed, unregistered, or unpermitted conduct under this chapter, until three years after such finding;(e)
A person not registered or licensed under the provisions of this chapter, who has been convicted of a misdemeanor or felony in violation of this chapter, until the expiration of one year from the date of such conviction; or(f)
A corporation or partnership, if any officer and director or any partner, while not licensed under the provisions of this chapter, has been convicted of a misdemeanor or felony in violation of this chapter, or has had a registration or license issued under this chapter revoked for cause, until the expiration of up to one year from the date of such conviction or revocation as determined by the board.2.
Except as may otherwise be provided for in regulation, it shall be unlawful for any chief of police, police officer or subordinate of any police department in the state, to be either directly or indirectly interested in the cultivation, processing, distribution, or sale of cannabis products or to offer for sale, or recommend to any registered organization or licensee any cannabis products. A person may not be denied any registration or license granted under the provisions of this chapter solely on the grounds of being the spouse or domestic partner of a public servant described in this section. The solicitation or recommendation made to any registered organization or licensee, to purchase any cannabis products by any police official or subordinate as hereinabove described, shall be presumptive evidence of the interest of such official or subordinate in the cultivation, processing, distribution, or sale of cannabis products.3.
No elected village officer shall be subject to the limitations set forth in subdivision two of this section unless such elected village officer shall be assigned duties directly relating to the operation or management of the police department.
Source:
Section 137 — Persons forbidden to traffic cannabis; certain officials not to be interested in manufacture or sale of cannabis products, https://www.nysenate.gov/legislation/laws/CAN/137 (updated May 12, 2023; accessed Oct. 26, 2024).
