Federal Law: Requirements for NY Cannabis Operators

Even though cannabis remains federally illegal, federal laws still apply to New York cannabis businesses. These regulations affect your banking, taxes, accessibility, marketing, payments, workplace protections, and more.

This section serves as a federal law reference, explaining which agency enforces each rule and why it matters to your day-to-day operations.

Purpose of This Section

• Clarifies federal rules that apply to cannabis operators in New York
• Provides plain-language explanations of complex federal requirements
• Helps operators understand risk exposure and compliance obligations beyond OCM and MRTA guidance

Federal law compliance is not optional. Even if OCM has no rules on a topic, federal agencies still enforce regulations that can affect your business, finances, and operations.

Topics Covered

1. Federal Status — Schedule I Classification
2. Federal Tax Rule — 280E
3. ADA Accessibility Requirements
4. Cannabis Banking Rules
5. Workplace Safety Requirements
6. FDA Rules for Cannabis-Derived Products
7. Advertising & Marketing Rules
8. Employment Discrimination Rules
9. Hazardous Waste Rules
10. Payment Security Requirements
11. Text Message & Call Compliance
12. Cannabis Mailing Restrictions

Why Federal Law Matters for NY Cannabis Operators

Many operators assume cannabis compliance only means OCM and MRTA rules, but federal regulations impact nearly every part of your business.

Some examples of federal requirements:

• Banking Rules: Determine if your accounts stay open and whether you can process debit or wire transfers
• ADA Accessibility: Decide whether your website, retail space, or marketing could lead to lawsuits
• Workplace Safety: Govern staff training, equipment, and emergency preparedness
• Advertising & Marketing Rules: Set limits on claims, endorsements, and promotional materials
• Payment Processing & Security: Ensure compliance with federal payment card regulations
• Employment Law: Prevent discrimination and ensure fair hiring practices

These are regular business laws. Cannabis operators are considered high-risk businesses, so federal agencies monitor them closely even if the product itself is illegal federally.

Common Operator Questions

This section answers questions many operators don’t ask aloud but should:

• “Why can’t I accept credit cards or standard payment processing?”
• “Why did the bank request my POS reports?”
• “Does my website need to be ADA accessible?”
• “Why do influencer disclosures matter for cannabis?”
• “How do I properly dispose of old batteries or chemical cleaners?”

Each linked page breaks down the federal rule, why it matters, and which agency enforces it, giving operators clear guidance to remain compliant while running daily operations.

Related Pages

• Banking Compliance for NY Cannabis Operators
• Federal Tax Compliance (280E)
• ADA Accessibility Requirements for Cannabis Businesses
• Workplace Safety & OSHA Guidelines
• FDA Rules for Cannabis-Derived Products
• Advertising & Marketing Compliance
• Payment & POS Security Requirements
• Employment & Anti-Discrimination Laws
• Hazardous Waste & Environmental Compliance

References

• U.S. Department of the Treasury – FinCEN Guidance
• IRS – 280E Tax Code
• ADA.gov – Accessibility Guidelines
• OSHA – Workplace Safety Regulations
• FDA – Cannabis-Derived Products Enforcement
• FTC & FCC – Advertising, Marketing & Messaging Rules
• EPA – Hazardous Waste & Environmental Compliance

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