Section 11 - Functions, powers and duties of the executive director; office of cannabis managementThe executive director, as authorized by and through this chapter, shall have the following functions, powers and duties as provided for in this chapter:
1. To exercise the powers and perform the duties in relation to the administration of the office of cannabis management as are not specifically vested by this chapter in, or delegated by, the cannabis control board.2. To keep records in such form as they may prescribe of all registrations, licenses and permits issued and revoked within the state; such records shall be so kept as to provide ready information as to the identity of all licensees including the names of the officers and directors of corporate licensees and the location of all licensed premises. The executive director may contract to furnish copies of the records of licenses and permits of each class and type issued within the state or any political subdivision thereof, for any license or permit year or term of years not exceeding five years.3. To conduct regulatory inspections of any place of business, including a vehicle used for such business, where cannabis, cannabis product, cannabinoid hemp, hemp extract products, or any products marketed or labeled as such, are cultivated, processed, manufactured, distributed, stored, or sold, irrespective of whether a registration, license, or permit has been issued under this chapter. For the purposes of this subdivision, "place of business" shall not include a residence or other real property not otherwise held out as open to the public or otherwise being utilized in a business or commercial manner or any private vehicle on or about the same such property, unless probable cause exists to believe that such residence, real property, or vehicle are being used in such business or commercial manner for the activity described herein.4. To prescribe forms of applications for licenses and permits under this chapter and of all reports deemed necessary by the board.5. To conduct regulatory inspections of any registered, licensed or permitted place of business, including a vehicle used for such business, where medical cannabis, adult-use cannabis, cannabinoid hemp, hemp extract products, or any products marketed or labeled as such, are cultivated, processed, stored, distributed or sold. For the purposes of this subdivision, "place of business" shall not include a residence or other real property not otherwise held out as open to the public or otherwise being utilized in a business or commercial manner or any private vehicle on or about the same such property, unless probable cause exists to believe that such residence, real property, or vehicle are being used in such business or commercial manner for the activity described herein.6. To prescribe forms of applications for registrations, licenses and permits under this chapter and of all reports deemed necessary by the board.7. To delegate the powers provided in this section to such other officers or employees as may be deemed appropriate by the executive director.8. To exercise the powers and perform the duties as delegated by the board in relation to the administration of the office as are necessary, including but not limited to budgetary and fiscal matters.9. To enter into contracts, memoranda of understanding, and agreements to effectuate the policy and purpose of this chapter.10. To advise and assist the board in carrying out any of its functions, powers and duties.11. To coordinate across state agencies and departments in order to research and study any changes in cannabis use and the impact that cannabis use and the regulated cannabis industry may have on access to cannabis products, public health, and public safety. 12. To issue guidance and industry advisories. 13. To create and maintain a publicly available directory of the names and locations of persons licensed or registered pursuant to this chapter to engage in retail sales.14. To create a system whereby persons registered, licensed, or permitted under this chapter can confirm the registration, license, or permit of another person for the purposes of ensuring compliance with this chapter.15. Beginning January first, two thousand twenty-four and annually thereafter, report on enforcement actions taken under this chapter and the enforcement actions taken by the department of taxation and finance, including the information required to be provided in section four hundred ninety-six-e of the tax law and to submit such annual report to the legislature and post it publicly on its website.16. To share any and all information obtained from applicants and licensees, as defined in sectionsection three of this chapter, to requesting financial institutions for the purpose of consideration and compliance, with the consent of such applicants and licensees.Amended by New York Laws 2024, ch. 55,Sec. G-3, eff. 4/20/2024, op. to offenses committed on or after 4/20/2024.Amended by New York Laws 2023, ch. 647,Sec. 1, eff. 11/17/2023.Amended by New York Laws 2023, ch. 56,Sec. UU-10, eff. 5/3/2023.Added by New York Laws 2021, ch. 92, Sec. 2, eff. 3/31/2021.