Who Makes the Cannabis Rules?

Who Makes the Cannabis Rules?

MRTA Article 2; Sections 7–20 explain who governs cannabis in New York and how regulatory power is structured. It defines which bodies set policy, write rules, issue licenses, enforce compliance, and oversee equity.

What This Covers

  • The Cannabis Control Board (CCB)
  • The Office of Cannabis Management (OCM)
  • Roles, authority, and decision-making structure
  • Rule-making and public hearings
  • Enforcement powers
  • Equity oversight roles
  • Ethics, conflicts, and transparency requirements

Cannabis Control Board (CCB) (Section 7)

The primary policy-making body for cannabis regulation.

  • Sets statewide cannabis policy
  • Approves or denies licenses
  • Adopts, amends, and repeals regulations
  • Oversees OCM operations
  • Members are appointed by state leadership
  • Members may not hold financial interests in cannabis businesses

The Board makes decisions. OCM executes them.

Office of Cannabis Management (OCM) (Section 8)

The operational and enforcement agency.

  • Manages license applications and renewals
  • Conducts inspections
  • Oversees enforcement actions
  • Runs education and outreach programs

OCM is the day-to-day regulator operators interact with.

Executive Director (Section 9)

Leads OCM and carries out Board policy.

  • Implements Board decisions
  • Manages staff and internal operations
  • Oversees licensing, compliance, and enforcement
  • Coordinates public health initiatives

Powers of the Board (Section 10)

Defines the Board’s legal authority.

  • Approve or deny licenses
  • Create and amend regulations
  • Set standards for testing, packaging, marketing, and operations
  • Suspend or revoke licenses

Duties of the Executive Director (Section 11)

Covers daily regulatory operations.

  • Administer licensing processes
  • Conduct inspections and enforcement
  • Manage agency operations
  • Coordinate with other state agencies

Chief Equity Officer (Section 12)

Oversees equity implementation and monitoring.

  • Supports Social and Economic Equity (SEE) applicants
  • Oversees equity licensing initiatives
  • Tracks participation and outcomes
  • Reports on access and diversity

Rule-making Process (Section 13)

Explains how cannabis regulations are created.

  • Drafting proposed rules
  • Public notice and comment periods
  • Review and final adoption by the Board

Applies to rules covering retail operations, labeling, packaging, marketing, advertising, and testing.

State Cannabis Advisory Board (Section 14)

Advisory body without voting power.

  • Provides feedback on licensing and regulation
  • Makes equity-related recommendations
  • Represents community and industry perspectives

The Advisory Board influences discussion but does not set policy.

License Fee Revenue (Section 15)

Explains how cannabis fees are used.

  • Deposited into the Cannabis Revenue Fund
  • Supports regulatory operations
  • Funds education and public health programs
  • Supports equity initiatives

Violations and Penalties (Section 16)

Lists enforcement consequences.

  • Civil fines
  • License suspension
  • License revocation
  • Court-issued injunctions

Emergency Relief (Section 16-A)

Allows immediate action when health or safety is at risk.

  • Suspend sales
  • Issue stop-orders
  • Temporarily suspend licenses

Hearings (Section 17)

Establishes due-process protections.

  • Written notice of violations
  • Opportunity to respond
  • Formal hearing procedures

Ethics and Transparency (Section 18)

Sets conduct standards for regulators.

  • Conflict-of-interest restrictions
  • Ethics rules for Board members and staff
  • Public information and transparency requirements

Public Health Campaigns (Section 19)

Requires statewide education efforts.

  • Safe cannabis use
  • Youth prevention
  • Public awareness initiatives

Uniform Policies (Section 20)

Ensures consistency across the state.

  • Licensing procedures
  • Compliance standards
  • Enforcement practices

What Operators Usually Miss

  • The Board sets policy; OCM enforces it
  • Public comment periods affect final rules
  • Emergency powers can bypass normal timelines

When This Comes Up

  • Challenging or interpreting regulations
  • Responding to enforcement actions
  • Participating in public rule-making
  • Seeking clarity on regulatory authority

What Happens If You Ignore This

  • Misdirected communications
  • Missed opportunities to comment on rules
  • Delayed responses to enforcement
  • Increased compliance risk

Go Here Next

Source Material

Related articles

Browse Wiki

Can’t find what your looking for?
Tell us what you need.