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New York State Retail Cannabis Dispensary License

Retail Dispensary Ownership, Interests, Authorizations and Prohibitions

(a) A retail dispensary may acquire cannabis products from any licensee authorized for distribution of such products.

(b) A retail dispensary may acquire seedlings and immature plants from any licensee authorized as a nursery once adult-use home cultivation is authorized by the Board.

(c) A retail dispensary may possess, sell and deliver cannabis products and cannabis paraphernalia.

(d) A retail dispensary may sell cannabis products and cannabis paraphernalia to cannabis consumers.

(e) A retail dispensary may operate a limited retail consumption facility pursuant to the operating requirements under the rules.

(f) Sales of cannabis products shall only be executed by licensees authorized to conduct sales of cannabis to consumers. Any person found to be selling cannabis unlawfully may be subject to penalties and fines pursuant to the Cannabis Law and Part 133 of the rules.

(g) A retail dispensary or its true party of interest may also be true parties of interest in a delivery license.

(h) No person shall be a true party of interest in more than three (3) adult-use retail dispensary licenses, or in an adult-use retail dispensary and delivery or on-site consumption license, provided, however, a true party of interest in a retail dispensary may simultaneously be a passive investor in any number of retail dispensary, delivery, 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.

(i) A retail dispensary or its true party of interest may have a goods and services agreement with an on-site consumption or delivery license, subject to all restrictions governing suchrelationships, including, but not limited to, undue influence, control, and true party of interest requirements.

(j) In addition to any other restrictions or prohibitions in this Part, no adult-use retail dispensary 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 an adult-use cultivator, processor, distributor, cooperative or collective, microbusiness, ROD, ROND, registered organization registered under article 3 of the Cannabis Law, or cannabis laboratory licensee or permittee, or any person outside of New York State, otherwise licensed to conduct the activities authorized under such licenses, registrations, and permits.

WHAT CAN 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.

The Truth About the Risks

Know for sure whether your business is in compliance with state and local cannabis regulations.

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