N.Y. Cannabis Law Section 91
Rulemaking authority

The board may make regulations pursuant to this article for the processing, distribution, marketing, transportation and sale of cannabinoid hemp and hemp extracts used for human consumption, which may include, but not be limited to:

1.

Specifying forms, establishing application, reasonable administration and renewal fees, or license duration;

2.

Establishing the qualifications and criteria for licensing, as authorized by law;

3.

The books and records to be created and maintained by licensees and lawful procedures for their inspection;

4.

Any reporting requirements;

5.

Methods and standards of processing, labeling, packaging and marketing of cannabinoid hemp, hemp extract and products derived therefrom;

6.

Procedures for how cannabinoid hemp, hemp extract or ingredients, additives, or products derived therefrom can be deemed as acceptable for sale in the state;

7.

Provisions governing the modes and forms of administration, including inhalation;

8.

Procedures for determining whether cannabinoid hemp, hemp extract or ingredients, additives, or products derived therefrom produced outside the state or within the state meet the standards and requirements of this article and can therefore be sold within the state;

9.

Procedures for the granting, cancellation, revocation or suspension of licenses, consistent with the state administrative procedures act;

10.

Restrictions governing the advertising and marketing of cannabinoid hemp, hemp extract and products derived therefrom;

11.

Any other regulations necessary to implement this article;

12.

Nothing in this article shall prevent the sale of cannabinoid hemp flower; provided however, that any cannabinoid hemp flower product sold shall be limited to a person over twenty-one years of age and shall be subject to regulations promulgated by the board; provided further that such regulations shall not unduly restrict the availability of cannabinoid hemp flower; and

13.

Any cannabinoid hemp flower product clearly labeled or advertised for the purposes of smoking, or in the form of a cigarette, cigar, or pre-roll, or packaged or combined with other items designed to facilitate smoking such as rolling papers or pipes, shall only be offered for sale in adult-use cannabis retail dispensaries licensed pursuant to article 4 (Adult-use Cannabis)article four of this chapter.

Source: Section 91 — Rulemaking authority, https://www.­nysenate.­gov/legislation/laws/CAN/91 (updated Apr. 9, 2021; accessed Jul. 19, 2025).

Green check means up to date. Up to date

Verified:
Jul. 19, 2025

Last modified:
Apr. 9, 2021

§ 91. Rulemaking authority's source at nysenate​.gov

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