Delivery Ownership, Interests, Business Authorizations and Prohibitions:
(a) A delivery licensee shall be authorized to deliver cannabis products that have been ordered and paid for by a cannabis consumer prior to delivery from a licensee authorized for the retail sale of cannabis to a cannabis consumer.
(b) A delivery licensee or its true party of interest may also be true parties of interest in a retail dispensary or an on-site consumption license.
(c) No person shall be a true party of interest in more than one (1) delivery license, or in a delivery license and retail dispensary or on-site consumption license, provided, however, a true party of interest in a delivery license may simultaneously be a passive investor in any number of delivery, retail dispensary, and on-site consumption licenses, if such true party of interest complies with all restrictions governing such relationships, including, but not limited to, undue influence, control, and true party of interest requirements.
(d) A delivery licensee or its true party of interest may have a goods and services agreement with an on-site consumption or retail dispensary license, subject to all restrictions governing such relationships, including, but not limited to, undue influence, control, and true party of interest requirements.
(e) In addition to any other restrictions or prohibitions in this Part, no delivery license or its true party of interest is permitted to hold a direct or indirect interest, including by being a true party of interest, passive investor, or having a goods and services agreement with, or by any other means, in a cultivator, processor, distributor, cooperative, microbusiness, ROD, ROND, registered organization, or cannabis laboratory licensee or permittee.
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; 233
(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.
WHAT SHOULD APPLICANTS DO NOW TO PREPARE TO APPLY?
The first step in preparing for your cannabis license application is to retain a cannabis business attorney.
The attorneys at Leaf Legal, P.C. are able to diligently guide clients towards establishing state-compliant cannabis businesses. Leaf Legal, P.C. is fully equipped to assist your legal needs in New York's rapidly expanding licensing and regulatory scheme. Contact the attorneys at Leaf Legal, P.C. to request a consultation.