Requires applicants for a permit, registration, or license issued by the cannabis control board to report any relevant law enforcement interactions that occur during the application review process; provides for automatic denial of such application for failure to make such report.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11122
SPONSOR: Kassay TITLE OF BILL:
An act to amend the cannabis law, in relation to requiring applicants
for a permit, registration, or license issued by the cannabis control
board to report any relevant law enforcement interactions that occur
during the application review process
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require cannabis license applicants to
disclose any relevant law enforcement interactions during the applica-
tion review process, with failure to do so resulting in automatic denial
or revocation of the license.
SUMMARY OF PROVISIONS:
Section 1. The cannabis law is amended by adding a new section 128-a to
require applicants for permits, registrations, or licenses to disclose
any relevant law enforcement interactions occurring after submission of
an application and prior to issuance, and provides that failure to make
such disclosure shall result in automatic denial of the application or
revocation of any issued permit, registration, or license.
Section 2. Establishes the enacting clause.
JUSTIFICATION:
This legislation reinforces and codifies the integrity of New York's
cannabis licensing framework by ensuring that applicants remain quali-
fied throughout the entirety of the application review process. Under
current law, eligibility is assessed at the time of application, but
there is no clear requirement that relevant and potentially disqualify-
ing conduct occurring during the review period be disclosed to the
Cannabis Control Board. This gap has allowed licenses to be issued to
applicants whose actions during the review period would otherwise call
into question their suitability for licensure.
Requiring applicants to report any relevant law enforcement interactions
that occur after submission and prior to issuance ensures that licensing
decisions are based on complete and current information. This legis-
lation establishes a clear and enforceable standard that applicants must
maintain compliance with the law throughout the review period, and that
failure to disclose such interactions will result in denial or revoca-
tion.
This measure also preserves the underlying intent of New York's cannabis
legalization framework. The Marihuana Regulation and Taxation Act was
designed, in part, to provide opportunities to individuals dispropor-
tionately impacted by prior marijuana enforcement. It was not intended
to extend licensure to individuals engaged in ongoing or recent unlawful
conduct during the application process. By closing this gap, the legis-
lation ensures that the State's licensing process remains consistent
with principles of fairness, accountability, and public trust.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
