N.Y.
Cannabis Law Section 70
Adult-use cooperative license
1.
A cooperative license shall authorize the acquisition, possession, cultivation, processing, distribution and sale from the licensed premises of the adult-use cooperative by such licensee to duly licensed distributors, on-site consumption sites, registered organization and/or retail dispensaries; but not directly to cannabis consumers.2.
To be licensed as an adult-use cooperative, the cooperative must:(a)
be comprised of residents of the state of New York as a limited liability company or limited liability partnership under the laws of the state, or an appropriate business structure as determined and authorized by the board;(b)
subordinate capital, both as regards control over the cooperative undertaking, and as regards the ownership of the pecuniary benefits arising therefrom;(c)
be democratically controlled by the members themselves on the basis of one vote per member;(d)
vest in and allocate with priority to and among the members of all increases arising from their cooperative endeavor in proportion to the members’ active participation in the cooperative endeavor; and(e)
the cooperative must operate according to the seven cooperative principles published by the International Cooperative Alliance in nineteen hundred ninety-five.3.
A cooperative member shall be a natural person and shall not be a member of more than one adult-use cooperative licensed pursuant to this section.4.
No natural person or member of an adult-use cooperative license may have a direct or indirect financial or controlling interest in any other adult-use cannabis license issued pursuant to this chapter.5.
No adult-use cannabis cooperative shall have a direct or indirect interest, including by stock ownership, interlocking directors, mortgage or lien, personal or real property, or any other means, in any premises licensed as an adult-use cannabis retail dispensary or in any business licensed as an adult-use cannabis retail dispensary pursuant to this chapter.6.
The board shall promulgate regulations governing cooperative licenses, including, but not limited to, the establishment of canopy limits on the size and scope of cooperative licensees, and other measures designed to incentivize the use and licensure of cooperatives.
Source:
Section 70 — Adult-use cooperative license, https://www.nysenate.gov/legislation/laws/CAN/70 (updated Apr. 9, 2021; accessed May 18, 2024).
