N.Y. Comp. Codes R. & Regs. tit. 9 § 123.20

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

Section 123.20 - Delivery Operations

(a) Delivery licensees and licensees authorized for and providing delivery of cannabis products to consumers shall have a written delivery plan available for inspection by the Office.

(b) Delivery licensees shall comply with the relevant requirements set forth in Part 125 of this Title.

(c) Delivery licensees shall not:

(1) conduct sales of adult-use cannabis or medical cannabis;

(2) accept cannabis or cannabis products from any person other than a licensee authorized for the retail sale of cannabis:

(3) deliver cannabis to any location outside of New York State;

(4) deliver cannabis to anyone inside of a motor vehicle;

(5) deliver cannabis products to anyone other than the individual detailed in the order and only upon verifying the identity and age of the individual pursuant to subdivision (d) of section 123.10 of this Part;

(6) deliver cannabis or cannabis products to anywhere other than residential properties, including short and long-term residences and private businesses anywhere in New York State, and shall not deliver cannabis to:

(i) public buildings;

(ii) public spaces including parks;

(iii) community centers;

(iv) any school grounds;

(v) day-care centers; or

(vi) houses of worship.

(7) have a total of more than twenty-five (25) individuals, or the equivalent thereof, providing full-time paid delivery services to cannabis consumers per week under one license;

(8) allow any employee providing delivery services on behalf of a licensee authorized for the retail sale of cannabis to leave the premises of a licensee authorized for the retail sale of cannabis with any cannabis products before having received at least one (1) delivery order from a licensee authorized for the retail sale of cannabis;

(d) Employees providing delivery services on behalf of a delivery licensee or licensee authorized for the retail sale of cannabis shall not:

(1) purchase cannabis products from a licensee authorized for the retail sale of cannabis and obtain reimbursement from the individual receiving the delivery;

(2) solicit orders from potential consumers;

(3) possess more than:

(i) $20,000 of cannabis products in the aggregate at any time in an enclosed vehicle; or

(ii) $5,000 of cannabis products in the aggregate at any time in a non-enclosed vehicle, including, but not limited to, bikes and scooters, or while traveling on foot.

(e) At least 30% of the value of cannabis products in the possession of a delivery employee's vehicle or, if traveling by foot, on their person, shall be ordered and paid for by a cannabis consumer before the delivery employee leaves the licensed location. For the purposes of this section, the value of cannabis products shall be determined using the current retail price of all cannabis products carried by, or within the delivery vehicle of, the delivery employee. This provision shall become effective after January 1, 2025.

(f) Employees providing delivery services for a delivery licensee or licensee authorized for the retail sale of cannabis shall maintain an updated shipping manifest, pursuant to section 125.10 of this Title, reflecting current inventory in possession of the delivery employee after every order is delivered.

(g) Retail dispensary delivery employees shall not work concurrent shifts to provide delivery services for multiple retail dispensary licensees.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 123.20

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