N.Y. Comp. Codes R. & Regs. tit. 9 § 123.12

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

Section 123.12 - Microbusiness Operations

(a) A microbusiness shall:

(1) comply with all rules, regulations, and policies applicable to a cultivator in a tier with the same canopy size as the microbusiness;

(2) unless otherwise set forth in this section, comply with all requirements imposed by the Cannabis Law and this Title on licensed adult-use cultivators, processors, distributors, and retailers to the extent the microbusiness engages in such activities.

(3) if authorized to cultivate by the Board on the licensee's application, cultivate with one (1) of the following types of cultivation: outdoor, mixed light, indoor, or a combination of outdoor with mixed light. The microbusiness may cultivate within a specified type of cultivation as approved by the Board on the licensee's application. The maximum canopy for each type of cultivation, unless otherwise approved by the Office, shall be the canopy limits set out in paragraph (1) of subdivision (c) of section 120.3 of this Title;

(4) be permitted to purchase up to 500 pounds of cannabis, or the extract equivalent, per calendar year from a duly licensed cultivator, microbusiness, cooperative or collective, ROD or ROND;

(5) be permitted to, in the case of a significant crop failure as defined by the Office, and written approval from the Office, purchase additional cannabis or cannabis extract up to a quantity sufficient to replace that failed crop;

(6) if authorized to process by the Board on the licensee's application, process no more than 1,700 pounds of biomass per year, unless the biomass is cultivated solely by the microbusiness exclusively at its licensed premises;

(7) if authorized to distribute by the Board on the licensee's application, distribute only their own cannabis products to retail dispensaries or on-site consumption premises;

(8) if authorized to conduct retail sales by the Board on the licensee's application, sell only their own cannabis products to consumers; and

(9) be authorized to have its retail premises in a location separate from the premises where it is cultivating or processing cannabis, provided, however:

(i) the retail premises complies with all other zoning and operational requirements for retail dispensary licensees;

(ii) for licensees in a city with over one million (1,000,000) persons, the retail premises is located in the same county as the cultivation and if applicable processing premises; and

(iii) for licensees outside of a city with over one million (1,000,000) persons, the retail y premises is located within 25 miles of the cultivation and if applicable processing premises.

(b) A microbusiness shall not purchase more than 500 pounds of cannabis biomass or extract equivalent cultivated by a cultivator unless the microbusiness suffered a significant crop failure, as defined by the Office, and received prior written approval by the Office.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 123.12

Adopted New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 9/27/2023