General Provisions

MRTA Article 6; Sections 125–139

These sections set the statewide rules that apply to all cannabis operators in New York, regardless of license type.

They cover what is prohibited without a license, where cannabis businesses may operate, how enforcement and penalties work, how municipalities can opt out, and how courts review OCM and CCB decisions.

What This Covers

  • Prohibited activities and unlicensed conduct
  • Premises limits, prohibited locations, and transport rules
  • Consumer protections and lawful conduct boundaries
  • Permits, registrations, and transferability limits
  • Laboratory permitting and special use authorizations
  • Municipal opt-outs and local authority limits
  • Civil penalties, revocations, and enforcement actions
  • Judicial review, illicit cannabis definitions, and record sealing
  • Severability

Jump to Related MRTA Article 6 Section Pages

Prohibited Activities (125)

This section makes it unlawful to cultivate, process, distribute, sell, or deliver cannabis in New York without the specific license, registration, or permit required.

Premises; Prohibited Locations; Transport (126)

This section governs premises limits, locations where cannabis activity may not occur, and rules that apply to transporting cannabis.

Protections for the Use of Cannabis (127)

This section establishes protections against unlawful discrimination for lawful cannabis use, with limits tied to impairment and other legally regulated environments.

Registrations; Assignments; Transferability (128)

This section governs when registrations or permits may be issued or modified and sets limits on assignment and transferability.

Laboratory Permits (129)

This section defines lab permitting requirements for entities authorized to test cannabis and establishes the legal authority for laboratory permitting.

Special Use Permits (130)

This section authorizes limited permissions for activities outside standard license scopes when approved under special permit authority.

Cannabis Showcase Events (130-A)

This section authorizes temporary event permissions for cannabis showcase events and defines the parameters for permitted participation.

Local Opt-Out; Municipal Control and Preemption (131)

This section allows towns, cities, and villages to opt out of retail dispensaries and on-site consumption sites and defines the boundaries of local control.

Office to Be a Necessary Party (131-A)

This section requires OCM (and in some cases the Cannabis Control Board) to be named as a party in legal proceedings involving cannabis licensing or regulatory action.

Penalties for Violation of This Chapter (132)

This section authorizes civil penalties for violations and describes how penalties may be assessed and escalated.

Revocation of Registrations, Licenses, and Permits (133)

This section authorizes the State to suspend or revoke licenses, permits, or registrations for cause and outlines procedural requirements.

Lawful Actions Pursuant to This Chapter (134)

This section confirms that actions authorized by the Cannabis Law are lawful under New York State law when performed within the scope of a valid license, registration, permit, or statutory provision.

Review by Courts (135)

This section establishes the right to seek judicial review of OCM or CCB decisions and defines the standard courts apply in reviewing administrative actions.

Illicit Cannabis (136)

This section defines illicit cannabis and establishes the legal authority for seizure and enforcement when cannabis is unlicensed, untracked, untested, untaxed, or otherwise outside the regulated system.

Persons Forbidden to Traffic; Certain Officials Not to Be Interested (137)

This section identifies categories of individuals and officials who are prohibited from holding direct or indirect interests in cannabis businesses.

Access to Criminal History Records (138)

This section authorizes OCM access to criminal history records for licensing, compliance, and enforcement functions under the Cannabis Law.

Action for Unlawful Business Practices Relating to Cannabis (138-A)

This section authorizes civil actions and enforcement tools against unlawful cannabis businesses, including injunctions and shut-down authority.

Orders to Seal (138-B)

This section authorizes courts to seal eligible past cannabis-related convictions and defines the legal effect of sealing.

Severability (139)

If any portion of Article 6 is ruled invalid, the remaining provisions remain enforceable.

Source Material