§ 138-A. Action for unlawful business practices relating to cannabis.
802 words·~4 min read·
/ny/cannabis/general-provisions/138-a·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 138-a. Action for unlawful business practices relating to cannabis.
The board or the office of cannabis management shall, in accordance with
the authority otherwise conferred in this chapter, have the authority
to:
1. order any person who is unlawfully cultivating, processing,
distributing or selling cannabis, cannabis product, cannabinoid hemp or
hemp extract product, or any product marketed or labeled as such in this
state without obtaining the appropriate registration, license, or permit
therefor, or engaging in an indirect retail sale to cease such
prohibited conduct;
2. seize any cannabis, cannabis product, cannabinoid hemp or hemp
extract product, or any product marketed or labeled as such, found in
the possession of a person engaged in the conduct described in
subdivision one of this section and their place of business, including a
vehicle used for such business;
3. initiate or refer the matter to the board for an administrative
proceeding to enforce the provisions of this section;
4. seek injunctive relief against any person engaging in conduct in
violation of this section;
5. request that the attorney general obtain judicial enforcement of an
order issued under subdivision one of this section or bring an action or
proceeding for any relief otherwise authorized under this chapter for a
violation of this chapter, including the recovery of any applicable
civil penalties;
6. in connection with any regulatory inspection or investigation or
action thereafter, review, seize and copy records;
7. in connection with any action or proceeding authorized by this
chapter, request that the attorney general or any police officer or
peace officer seize or remove and hold as evidence all material,
equipment, and instrumentalities used in the creation and maintenance of
the conduct described in subdivision one of this section;
8. upon receipt of one or more complaints that a person is engaged in
conduct described in subdivision one of this section or in connection
with any inspection or subsequent investigation of a person engaged in
the conduct described in subdivision one of this section, issue
subpoenas to any owners, managers, or employees of such person for
information regarding the person and the conduct;
9. with the assistance of law enforcement, seize or impound other
property used in furtherance of the conduct described in subdivision one
of this section;
10. upon an ex parte order to a court, request the court to issue a
restraining order freezing liquid assets to enforce the provisions of
this section and section sixteen-a of this chapter and section one
hundred thirty-two of this article;
11. in accordance with the procedures outlined in section one hundred
thirty-eight-b of this chapter, issue and execute an order to seal a
building or premises of any unlicensed businesses in which any person is
engaged in conduct in violation of this section or section one hundred
twenty-five or one hundred thirty-two of this article;
12. upon receipt of one or more complaints that a person is engaged in
conduct described in subdivision one of this section, apply or request
that the attorney general apply for an ex parte order to the supreme
court in the county in which the place of business is located for an
order granting the office or board access to such place of business. The
court may grant such an order it if determines, based on the evidence
presented, that there is reasonable cause to believe that such place of
business is the same place of business for which the office has received
such complaints;
13. upon finding a violation of this section by a holder of a license
issued by the state liquor authority, a registration issued by the
commissioner of taxation and finance to sell cigarettes or tobacco
products at retail, a registration issued by the commissioner of
taxation and finance to sell vapor products at retail, or a lottery
sales agent license issued by the division of lottery,
(a)issue a
notice of violation to the holder or an agent thereof that clearly
states
(i)that the holder's state licenses, permits, or registrations
may be at risk of revocation or suspension and
(ii)that the holder's
business premises may be subject to an order to seal if upon a
subsequent inspection the office finds that the violation has not been
abated, and
(b)notify the agency that issued the authorization that the
holder is in violation of this section; and
14. if any penalty is not paid within six months, enter the amount
thereof as a judgment in the office of the clerk of the county of Albany
and in any other county in which the person resides, has a place of
business, or through which it operates. If such judgment has not been
satisfied within thirty days thereafter, no license, registration, or
permit shall be issued by the board to such person for three years
thereafter.