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A04360 Summary:

BILL NOA04360
 
SAME ASNo Same As
 
SPONSORFall
 
COSPNSR
 
MLTSPNSR
 
Add §76-a, Cannabis L
 
Enacts the "cannabis oversight and official engagement act"; requires the office of cannabis management to notify appropriate elected officials of applications for adult-use retail dispensaries in their legislative districts; requires the office to consider any responses from such elected officials in determining an application for an adult-use retail dispensary license; requires such communications to be made public.
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A04360 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4360
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2025
                                       ___________
 
        Introduced  by  M. of A. FALL -- read once and referred to the Committee
          on Economic Development
 
        AN ACT to amend the cannabis law, in relation to enacting the  "cannabis
          oversight and official engagement act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "cannabis oversight and official engagement act".
     3    §  2. The cannabis law is amended by adding a new section 76-a to read
     4  as follows:
     5    § 76-a. Notification to elected officials of adult-use retail  dispen-
     6  sary  license.  1.  Definitions.  For  the purposes of this section, the
     7  following terms shall have the following meanings:
     8    (a) "Adult-use retail dispensary license" means  an  adult-use  retail
     9  dispensary  license issued pursuant to section seventy-two of this arti-
    10  cle.
    11    (b) "Elected official" means the elected member  of  the  assembly  or
    12  senate representing a legislative district.
    13    (c) "Legislative district" means an assembly or senate district in the
    14  state, as designated by the most recently approved districting or redis-
    15  tricting plan.
    16    2.  Notice  requirement.  (a) Prior to the approval of any application
    17  for an adult-use retail dispensary license, the office shall notify  the
    18  elected  officials  representing  the legislative districts within which
    19  the proposed adult-use retail dispensary would be located of such appli-
    20  cation. Such notice shall be sent no later than  thirty  days  before  a
    21  decision  is  made regarding such application. Such notice shall be sent
    22  by certified mail, electronic mail, or any other method deemed  reliable
    23  by the office.
    24    (b)  The notice required under paragraph (a) of this subdivision shall
    25  include:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08736-01-5

        A. 4360                             2
 
     1    (i) the trade name  and  address  of  the  proposed  adult-use  retail
     2  dispensary;
     3    (ii) the full name and contact information of the applicant;
     4    (iii)  a  summary  of the proposed operation and business model of the
     5  proposed adult-use retail dispensary;
     6    (iv) the date, to be determined by the office, by  which  the  elected
     7  officials  may  submit any comments or objections regarding the applica-
     8  tion for an adult-use retail dispensary license; and
     9    (v) any other information as may be determined by the office.
    10    3. Response from elected officials. Elected officials  may  submit  to
    11  the  office  any written feedback, support, concerns, or objections they
    12  may have regarding an application for  an  adult-use  retail  dispensary
    13  license  within  twenty  days  of receipt of the notice sent pursuant to
    14  subdivision two of this section. The  office  shall  consider  any  such
    15  written  feedback, support, concerns, or objections submitted by elected
    16  officials in making its decision to approve or reject an application for
    17  an adult-use retail dispensary license.
    18    4. Record and transparency. All communications between the office  and
    19  elected officials pursuant to this section shall be a part of the public
    20  record,  subject  to  any  applicable  state  or federal laws concerning
    21  privacy and confidentiality. The office shall publish all such  communi-
    22  cations  and  its final decision regarding any application for an adult-
    23  use retail dispensary on its website.
    24    5. Rules and regulations. The office is authorized to  promulgate  any
    25  rules  and/or regulations necessary to effectuate the provisions of this
    26  section.
    27    § 3. This act shall take effect immediately, and shall  apply  to  all
    28  applications  for  adult-use retail dispensary licenses submitted to the
    29  office of cannabis management on or after such date.
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