N.Y. Cannabis Law Section 138
Access to criminal history information through the division of criminal justice services

In connection with the administration of this chapter, the board is authorized to request, receive and review criminal history information through the division of criminal justice services with respect to any person seeking a registration, license, permit or authorization to cultivate, process, distribute or sell medical cannabis, adult-use cannabis, cannabinoid hemp or hemp extract. At the board’s request, each person, member, principal and/or officer of the applicant shall submit to the board his or her fingerprints in such form and in such manner as specified by the division, for the purpose of conducting a criminal history search identifying criminal convictions and pending criminal charges and returning a report thereon in accordance with the procedures and requirements established by the division pursuant to the provisions of article thirty-five of the executive law, which shall include the payment of the reasonable prescribed processing fees for the cost of the division’s full search and retain procedures and a national criminal history record check. The board, or their designee, shall submit such fingerprints and the processing fee to the division. The division shall forward to the board a report with respect to the applicant’s previous criminal history, if any, or a statement that the applicant has no previous criminal history according to its files. Fingerprints submitted to the division pursuant to this subdivision may also be submitted to the federal bureau of investigation for a national criminal history record check. If additional copies of fingerprints are required, the applicant shall furnish them upon request. Upon receipt of such criminal history information, the board shall provide such applicant with a copy of such criminal history information, together with a copy of article twenty-three-A of the correction law, and inform such applicant of his or her right to seek correction of any incorrect information contained in such criminal history information pursuant to regulations and procedures established by the division of criminal justice services.

Source: Section 138 — Access to criminal history information through the division of criminal justice services, https://www.­nysenate.­gov/legislation/laws/CAN/138 (updated Apr. 9, 2021; accessed Jan. 18, 2025).

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Accessed:
Jan. 18, 2025

Last modified:
Apr. 9, 2021

§ 138’s source at nysenate​.gov

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