N.Y. Comp. Codes R. & Regs. tit. 9 § 123.16

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

Section 123.16 - Registered Organization Adult-Use Cultivator Processor Distributor Operations

(a) A licensed ROND shall:

(1) 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, and distributors to the extent the ROND engages in such activities;

(2) comply with all requirements for registered organizations pursuant to Part 113 of this Title and article 3 of the Cannabis Law and all policies and procedures in association with the administration of a registration for a registered organization;

(3) maintain a medical patient prioritization plan, which shall be made available to the Office upon request. The medical patient prioritization plan shall include, but is not limited to:

(i) monthly sales volume data for each of the last twelve (12) months, broken down by registered dispensing site;

(ii) maintenance of sufficient medical cannabis product to support the greater of, the highest monthly sales volume generated by the applicant in the last twelve (12) months, or a minimum threshold set annually by the Board, based on the anticipated medical cannabis demand for that year and the number of registered organizations in operation;

(iii) an attestation that the ROND shall have products in different concentrations and dosage forms available to certified patients at all times, including, but not limited to:

(a) at least one (1) product that has a higher ratio of tetrahydrocannabinol (THC) to cannabidiol (CBD);

(b) at least one (1) product that has a higher ratio of CBD to THC;

(c) at least one (1) product that has an equivalent ratio of THC to CBD; and

(d) seeds or immature plants for medical home cultivation pursuant to Part 115 of this Title; and

(iv) any other requirements as determined by the Office.

(b) A ROND shall not:

(1) have more than 100,000 square feet of canopy, unless otherwise authorized by the Board in writing;

(2) be registered under article 3 of the Cannabis Law;

(3) begin new construction or major renovations on any indoor cultivation area or facility, unless authorized by the Board in writing; and

(4) contract with a laboratory permitted pursuant to Part 130 of this Title for voluntary testing services, unless otherwise authorized by the Office.

(c) A registered organization shall hold a ROD or ROND license to sell adult-use cannabis or cannabis products.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 123.16

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