N.Y.
Cannabis Law Section 138-A
Action for unlawful business practices relating to cannabis
1.
order any person who is unlawfully cultivating, processing, distributing or selling cannabis, cannabis product, cannabinoid hemp or hemp extract product, or any product marketed or labeled as such in this state without obtaining the appropriate registration, license, or permit therefor, or engaging in an indirect retail sale to cease such prohibited conduct;2.
seize any cannabis, cannabis product, cannabinoid hemp or hemp extract product, or any product marketed or labeled as such, found in the possession of a person engaged in the conduct described in subdivision one of this section and their place of business, including a vehicle used for such business;3.
initiate or refer the matter to the board for an administrative proceeding to enforce the provisions of this section;4.
seek injunctive relief against any person engaging in conduct in violation of this section;5.
request that the attorney general obtain judicial enforcement of an order issued under subdivision one of this section or bring an action or proceeding for any relief otherwise authorized under this chapter for a violation of this chapter, including the recovery of any applicable civil penalties;6.
in connection with any regulatory inspection or investigation or action thereafter, review, seize and copy records;7.
in connection with any action or proceeding authorized by this chapter, request that the attorney general or any police officer or peace officer seize or remove and hold as evidence all material, equipment, and instrumentalities used in the creation and maintenance of the conduct described in subdivision one of this section;8.
upon receipt of one or more complaints that a person is engaged in conduct described in subdivision one of this section or in connection with any inspection or subsequent investigation of a person engaged in the conduct described in subdivision one of this section, issue subpoenas to any owners, managers, or employees of such person for information regarding the person and the conduct;9.
with the assistance of law enforcement, seize or impound other property used in furtherance of the conduct described in subdivision one of this section;10.
upon an ex parte order to a court, request the court to issue a restraining order freezing liquid assets to enforce the provisions of this section and section sixteen-a of this chapter and § 132 (Penalties for violation of this chapter)section one hundred thirty-two of this article;11.
in accordance with the procedures outlined in § 138-B (Orders to seal)section one hundred thirty-eight-b of this chapter, issue and execute an order to seal a building or premises of any unlicensed businesses in which any person is engaged in conduct in violation of this section or section one hundred twenty-five or one hundred thirty-two of this article;12.
upon receipt of one or more complaints that a person is engaged in conduct described in subdivision one of this section, apply or request that the attorney general apply for an ex parte order to the supreme court in the county in which the place of business is located for an order granting the office or board access to such place of business. The court may grant such an order it if determines, based on the evidence presented, that there is reasonable cause to believe that such place of business is the same place of business for which the office has received such complaints;13.
upon finding a violation of this section by a holder of a license issued by the state liquor authority, a registration issued by the commissioner of taxation and finance to sell cigarettes or tobacco products at retail, a registration issued by the commissioner of taxation and finance to sell vapor products at retail, or a lottery sales agent license issued by the division of lottery, (a) issue a notice of violation to the holder or an agent thereof that clearly states (i) that the holder’s state licenses, permits, or registrations may be at risk of revocation or suspension and (ii) that the holder’s business premises may be subject to an order to seal if upon a subsequent inspection the office finds that the violation has not been abated, and(b)
notify the agency that issued the authorization that the holder is in violation of this section; and14.
if any penalty is not paid within six months, enter the amount thereof as a judgment in the office of the clerk of the county of Albany and in any other county in which the person resides, has a place of business, or through which it operates. If such judgment has not been satisfied within thirty days thereafter, no license, registration, or permit shall be issued by the board to such person for three years thereafter.
Source:
Section 138-A — Action for unlawful business practices relating to cannabis, https://www.nysenate.gov/legislation/laws/CAN/138-A (updated Apr. 26, 2024; accessed Oct. 26, 2024).
