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NYCRR Title 9 (Executive Department Cannabis Regulations)
Title 9 of the New York Codes, Rules and Regulations is where the MRTA becomes enforceable. These are the detailed rules the Office of Cannabis Management (OCM) uses to license, inspect, audit, and enforce cannabis businesses in real life. If MRTA is the law, Title 9 is how the law is applied day to day. Inspectors, auditors, and OCM staff rely on Title 9 when deciding whether a business can open, stay open, or is cited for violations.
What This Section Covers
- How Title 9 fits into New York’s cannabis legal framework
- The major regulatory sections operators must understand
- Which parts of Title 9 control licensing, operations, and inspections
- How Title 9 is used during enforcement and audits
Go To NYCRR Section Pages
- Social and Economic Equity (SEE) (Part 121)
- Adult-Use Applications and Licensing (Part 120)
- Rules by License Type (Part 123)
- Business Requirements (Part 124)
- Operating Requirements and Inspections (125)
- CAURD (Part 116)
- Definitions (116.1 and 118)
- Municipality Rulemaking (Part 119)
CAURD (Conditional Adult-Use Retail Dispensary)
This section covers everything specific to Conditional Adult-Use Retail Dispensary licenses.
It governs:
- Eligibility criteria unique to CAURD applicants
- Operating rules that differ from standard adult-use retail
- Design, layout, and compliance requirements specific to CAURD
- Ongoing obligations to maintain CAURD eligibility
Key questions this section answers:
- What rules apply only to CAURD operators
- How CAURD differs from standard adult-use retail
- What disqualifies or jeopardizes CAURD status
Definitions
This section contains the regulatory definitions used across Title 9.
These definitions control how OCM interprets:
- Ownership and control
- Licensed premises and access
- Prohibited activities
- Enforcement thresholds
Key questions this section answers:
- What does a term mean during an inspection
- How OCM interprets “control,” “premises,” or “true party of interest”
- Whether Title 9 definitions differ from MRTA
Municipality Rulemaking
This section explains how local governments interact with state cannabis regulations.
It defines:
- What municipalities are prohibited from regulating
- What limited local authority exists (time, place, manner)
- Municipal notice requirements for applicants
- Distance rules and how they are measured
- State review of hostile or impracticable local laws
Key questions this section answers:
- What can my city or town legally control
- Whether local rules override state rules
- How zoning and municipal notice connect to Title 9
Adult-Use Applications and Licensing
This section governs how licenses are applied for, issued, maintained, amended, and renewed.
It controls:
- Application content and required disclosures
- Eligibility and evaluation standards
- License issuance, duration, and renewal
- Denials, withdrawals, voided applications, and reapplication
- Ongoing disclosure and notification obligations
Key questions this section answers:
- What must be included in an application
- How OCM evaluates eligibility
- What happens after a license is issued
Social and Economic Equity
This section defines regulatory requirements for Social and Economic Equity (SEE).
It governs:
- Eligibility categories and qualifications
- Ownership and sole-control documentation
- Continuing disclosure obligations
- Community impact requirements
- Enforcement for misrepresentation or loss of eligibility
Key questions this section answers:
- What documentation proves SEE control
- How SEE status must be maintained after licensing
- What disqualifies an applicant from SEE priority
Rules by License Type
This section defines what each license type is allowed — and prohibited — from doing.
It governs license-specific scope for:
- Cultivators
- Processors
- Distributors
- Retail dispensaries
- Microbusinesses
- Delivery licenses
- Cooperatives and nurseries
- Registered Organization (RO) adult-use licenses
Key questions this section answers:
- What activities are allowed under my license
- What actions cross into another license type
- What triggers a violation for operating outside scope
Business Requirements
This section contains statewide rules governing how cannabis businesses operate as businesses.
It covers:
- Ownership and financial interest limits
- Undue influence and prohibited incentives
- Goods and services agreements
- Contracting restrictions
- Subsidiaries and receivership
- Recordkeeping and financial practices
Key questions this section answers:
- What contracts are allowed under Title 9
- What counts as undue influence
- What ownership changes require OCM approval
Operating Requirements and Inspections
This section defines the standards inspectors use to evaluate compliance.
It governs:
- Security systems and storage
- Inventory tracking and transport
- Sanitation and employee requirements
- SOPs and documentation
- Waste management
- Advertising and consumer safeguards
Key questions this section answers:
- What inspectors look for on opening day
- What records must be available at any inspection
- Which violations most often lead to fines or shutdowns
What Operators Usually Miss
- Title 9 is enforceable law, not guidance
- Inspectors rely on these sections directly
- Operating outside license scope is a violation even if legal elsewhere
- Definitions control enforcement outcomes
When This Comes Up
- License applications and renewals
- Pre-opening inspections
- Routine and unannounced inspections
- Enforcement actions
- Ownership or operational changes
What Happens If You Ignore This
- Delayed openings
- Violations and fines
- License suspension or revocation
- Forced operational changes
Source Material
- NYCRR Title 9 (Executive Department Cannabis Regulations)
- MRTA
