N.Y. Cannabis Law Section 64
Selection criteria


1.

The board shall develop regulations for use by the office in determining whether or not an applicant should be granted the privilege of an initial adult-use cannabis license, based on, but not limited to, the following criteria:

(a)

the applicant is a social and economic equity applicant;

(b)

the applicant will be able to maintain effective control against the illegal diversion or inversion of cannabis;

(c)

the applicant will be able to comply with all applicable state laws and regulations;

(d)

the applicant and its officers are ready, willing, and able to properly carry on the activities for which a license is sought including with assistance from the social and economic equity and incubator program, if applicable;

(e)

where appropriate and applicable, the applicant possesses or has the right to use sufficient land, buildings, and equipment to properly carry on the activity described in the application or has a plan to do so if qualifying as a social and economic equity applicant;

(f)

the applicant qualifies as a social and economic equity applicant or sets out a plan for benefiting communities and people disproportionally impacted by enforcement of cannabis laws;

(g)

it is in the public interest that such license be granted, taking into consideration, but not limited to, the following criteria:

(i)

that it is a privilege, and not a right, to cultivate, process, distribute, and sell adult-use cannabis;

(ii)

the number, classes, and character of other licenses in proximity to the location and in the particular municipality, subdivision thereof or geographic boundary as established by the board;

(iii)

evidence that all necessary licenses and permits have been or will be obtained from the state and all other relevant governing bodies;

(iv)

effect of the grant of the license on pedestrian or vehicular traffic, and parking, in proximity to the location;

(v)

the existing noise level at the location and any increase in noise level that would be generated by the proposed premises;

(vi)

the ability to increase climate resiliency and minimize or eliminate adverse environmental impacts, including but not limited to water usage, energy usage, carbon emissions, waste, pollutants, harmful chemicals and single use plastics;

(vii)

the effect on the production, price and availability of cannabis and cannabis products;

(viii)

the applicant’s history of violations and compliance with the laws of another jurisdiction, in which they operate or have operated a cannabis license or registration, related to the operation of a cannabis business;

(ix)

the applicant’s history of violations related to the operation of a business, including but not limited to, violations related to labor laws, federal occupational safety and health law and tax compliance; and

(x)

any other factors specified by law or regulation that are relevant to determine that granting a license would promote public convenience and advantage, public health and safety and the public interest of the state, county or community.

(h)

the applicant and its managing officers are of good moral character and do not have an ownership or controlling interest in more licenses or permits than allowed by this chapter, or any regulations promulgated hereunder;

(i)

the applicant has entered into a labor peace agreement with a bona-fide labor organization that is actively engaged in representing or attempting to represent the applicant’s employees, and the maintenance of such a labor peace agreement shall be an ongoing material condition of licensure. In evaluating applications from entities with twenty-five or more employees, the office shall give consideration to whether applicants have entered into an agreement with a statewide or local bona-fide building and construction trades organization for construction work on its licensed facilities;

(j)

the applicant will contribute to communities and people disproportionately harmed by enforcement of cannabis laws through including, but not limited to, the social responsibility framework as provided in § 66 (License renewal)section sixty-six of this article and report these contributions to the board;

(k)

if the application is for an adult-use cultivator or processor license, the environmental and energy impact, including compliance with energy standards, of the facility to be licensed;

(l)

the applicant satisfies any other conditions as determined by the board;

(m)

if the applicant is a registered organization, the organization’s maintenance of effort in manufacturing and/or dispensing and/or research of medical cannabis for certified patients and caregivers; and

(n)

whether the applicant or its managing officers have been found to have engaged in activities in violation of this chapter.

2.

If the board is not satisfied that the applicant should be issued a license, the executive director shall notify the applicant in writing of the specific reason or reasons recommended by the board for denial.

3.

The state cannabis advisory board shall have the authority to recommend to the board the number of licenses issued pursuant to this article to ensure a competitive market where no licensee is dominant in the statewide marketplace or in any individual category of licensing, to actively promote and potentially license social and economic equity applicants, and carry out the goals of this chapter.

Source: Section 64 — Selection criteria, https://www.­nysenate.­gov/legislation/laws/CAN/64 (updated May 12, 2023; accessed Jul. 20, 2024).

Accessed:
Jul. 20, 2024

Last modified:
May 12, 2023

§ 64’s source at nysenate​.gov

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