2021 New York Laws
CAN - Cannabis
Article 2 - New York State Cannabis Control Board
7 - Establishment of the Cannabis Control Board or "Board".

§  7.  Establishment  of the cannabis control board or "board". 1. The
cannabis control  board  is  hereby  created  and  shall  consist  of  a
chairperson nominated by the governor and with the advice and consent of
the  senate,  with  one  vote,  and  four  other voting board members as
provided for in subdivision two of this section.
  2. Appointments. In addition to the chairperson,  the  governor  shall
have  two  direct appointments to the board, and the temporary president
of the senate and the speaker of the assembly shall each have one direct
appointment to the board. Appointments shall be  for  a  term  of  three
years  each  and  should,  to the extent possible, be geographically and
demographically representative of the state and communities historically
affected by the war on  drugs.  Board  members  shall  be  citizens  and
permanent  residents  of  this  state. The chairperson and the remaining
members of such board shall continue to serve as chairperson and members
of the board until the expiration of the respective terms for which they
were appointed.  Upon  the  expiration  of  such  respective  terms  the
successors  of  such chairperson and members shall be appointed to serve
for a term of three years each and  until  their  successors  have  been
appointed  and qualified. The members, except for the chairperson, shall
when performing the work of the board, be compensated at a rate  of  two
hundred sixty dollars per day, and together with an allowance for actual
and  necessary  expenses  incurred in the discharge of their duties. The
chairperson shall receive an annual  salary  not  to  exceed  an  amount
appropriated  therefor  by  the legislature, and their expenses actually
and necessarily incurred in the performance of  their  official  duties,
unless  otherwise  provided  by  the  legislature. No member or member's
spouse or minor child shall have any interest in an entity regulated  by
the board.
  3.  Expenses.  Each  member  of  the  board shall be entitled to their
expenses actually and necessarily incurred by them in the performance of
their duties.
  4. Removal. Any member of the board may be removed by the governor for
good cause after notice and an opportunity to be heard. A  statement  of
the  good  cause for their removal shall be filed by the governor in the
office of the secretary of state.
  5. Vacancies; quorum. (A) In the event of  a  vacancy  caused  by  the
death, resignation, removal or inability to perform his or her duties of
any  board  member,  the  vacancy  shall  be filled in the manner as the
original appointment for the remainder of the unexpired term.
  (B)(i) In the event of a vacancy caused  by  the  death,  resignation,
removal,  or  inability to act of the chair, the vacancy shall be filled
in the same manner as the original appointment for the remainder of  the
unexpired  term.  Notwithstanding  any  other  provision  of  law to the
contrary, the governor  shall  designate  one  of  the  remaining  board
members  to  serve  as acting chairperson for a period not to exceed six
months or until a  successor  chairperson  has  been  confirmed  by  the
senate.  Upon  the expiration of the six month term, if the governor has
nominated a successor chairperson, but the senate has not acted upon the
nomination, the acting chairperson  can  continue  to  serve  as  acting
chairperson  for  an  additional  ninety  days  or  until the governor's
successor chairperson nomination is confirmed by the  senate,  whichever
comes first;
  (ii)  The  governor  shall  provide  immediate  written  notice to the
temporary president of the senate and the speaker of the assembly of the
designation of a board member as acting chairperson;
  (iii) If (a) the governor has not nominated  a  successor  chairperson
upon  the  expiration  of  the six month term or (b) the senate does not
confirm the governor's successor nomination within the additional ninety

days, the board member designated as acting chairperson shall no  longer
be  able  to  serve as acting chairperson and the governor is prohibited
from extending the powers of that acting chairperson or from designating
another board member to serve as acting chairperson; and
  (iv)  A board member serving as the acting chairperson of the cannabis
control board shall be deemed a state officer for  purposes  of  section
seventy-three of the public officers law.
  (C)  A  majority  of  the  voting  board  members  of  the board shall
constitute a quorum for the purpose of conducting the  business  thereof
and  a majority vote of all the members in office shall be necessary for
action. Provided, however, that a board member designated as  an  acting
chairperson  pursuant  to  this  chapter  shall  have  only one vote for
purposes of conducting the business of the cannabis control board.
  6. The cannabis control board and office of cannabis management  shall
have  its  principal  office  in the city of Albany, and maintain branch
offices in the cities of New York and Buffalo and such other  places  as
it may deem necessary.
  The  board  shall  establish  appropriate  procedures  to  ensure that
hearing officers are shielded from ex parte communications with  alleged
violators  and their attorneys and from other employees of the office of
cannabis management and shall take such other steps  as  it  shall  deem
necessary  and  proper to shield its judicial processes from unwarranted
and inappropriate communications and attempts to influence.
  7. Disqualification of members of  the  board  and  employees  of  the
office  of  cannabis  management. No member of the board or any officer,
deputy, assistant, inspector  or  employee  or  spouse  or  minor  child
thereof  shall have any interest, direct or indirect, either proprietary
or by means of any loan, mortgage or lien, or in any other manner, in or
on any premises where cannabis is manufactured or sold; nor  shall  they
have  any  interest,  direct  or  indirect,  in  any  business wholly or
partially devoted to the cultivation, manufacture,  distribution,  sale,
transportation  or  storage  of  cannabis,  or  own  any  stock  in  any
corporation which has any interest, proprietary or otherwise, direct  or
indirect,  in  any premises where cannabis or hemp extract is cultivated
or manufactured, distributed, or sold, or  in  any  business  wholly  or
partially  devoted  to the cultivation, manufacture, distribution, sale,
transportation or storage of cannabis or hemp  extract  or  receive  any
commission  or  profit  whatsoever,  direct or indirect, from any person
applying for or receiving any license or permit  provided  for  in  this
chapter,  or  hold  any  other  public  office  in  the  state or in any
political subdivision except upon the written permission of  the  board,
such  member  of  the board or office of cannabis management or officer,
deputy, assistant, inspector or employee thereof  may  hold  the  public
office  of  notary public or member of a community board of education in
the city school district of the city of New York.  Anyone  who  violates
any of the provisions of this section shall be removed.