N.Y. Comp. Codes R. & Regs. tit. 9 § 114.3

Current through Register Vol. 46, No. 36, September 4, 2024

Section 114.3 - Application for Cannabinoid Hemp Retail License

(a) No person shall offer or sell cannabinoid hemp products to consumers in New York State, or hold itself out as a cannabinoid hemp retailer, unless it is in compliance with Article 5 of the Cannabis Law and this Part and is licensed by the office as a cannabinoid hemp retailer.

(b) An application for licensure shall be submitted to the office on a form prescribed by the office, which shall include the following:

(1) the name, address, telephone number and email address of the applicant;

(2) the physical address of any real property where the applicant intends to operate, the days and hours of operation of such retail facility, and for any online retailer, the internet address of the applicant;

(3) the name, and license number to the extent practicable, of the manufacturer, packer, distributor, or cannabinoid hemp processor, and state or country where the manufacturer, packer, or distributor is located, for all cannabinoid hemp products the applicant intends to offer for sale;

(4) a summary and description of the types and forms of cannabinoid hemp products the applicant intends to offer for sale;

(5) a statement attesting that the applicant will not sell the following cannabinoid hemp products to consumers under twenty-one (21) years of age:

(i) flower product;

(ii) concentrated cannabinoid hemp product including, but not limited to, oil cartridges, prefilled vape devices, shatter, crumble, wax, resin, or any form intended for inhalation or vaporization;

(iii) any cannabinoid hemp product containing more than 0.5 milligrams of total THC per serving; and

(iv) any other disallowed product as determined by the office.

(6) a statement attesting that the applicant and those in control of the entity, meaning a person or persons that have the ability to direct the activity of the applicant or licensee, including principals, officers or others with such control, are of good moral character;

(7) a statement attesting that the applicant will comply with all applicable state and local laws and regulations relating to the activities in which it intends to engage under the license;

(8) a statement attesting that the applicant will not distribute or sell any cannabinoid hemp product in the form of an injectable, inhaler, or flower product clearly labeled or advertised for the purpose of smoking or in the form of a cigarette, cigar or pre-roll or otherwise packaged or combined with other items designed to facilitate smoking such as rolling papers or pipes, or any other disallowed form as determined by the office;

(9) proof of a certificate of authority from the New York State Department of Taxation and Finance, as applicable; and

(10) any other information as may be required by the office.

(c) All applications under this section shall be accompanied by a refundable license fee of $300 for each retail facility to be licensed by the office.

(d) Applicants shall attest to the truth and accuracy of the information contained in the application. The office, in its discretion, may reject or deny an application if it determines that information contained therein is false, inaccurate or omits a material fact.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 114.3

Adopted New York State Register November 24, 2021/Volume XLIII, Issue 47, eff. 11/24/2021

Amended New York State Register December 13, 2023/Volume XLV, Issue 50, eff. 12/13/2023