Federal Requirements (U.S. Law That Still Applies)

Cannabis is legal in New York, but it remains illegal under federal law. Because of that, New York cannabis operators are still subject to a wide range of federal rules enforced by agencies outside the cannabis program.

These requirements affect banking, taxes, accessibility, marketing, payments, employment, safety, and risk exposure.

What This Covers

Why federal law still applies to NY cannabis operators
Which federal agencies regulate cannabis-adjacent business activity
How federal rules impact day-to-day operations
The scope of federal requirements covered in this section

Why Federal Law Still Applies

Federal law governs many aspects of operating a business, regardless of state cannabis legalization.

Cannabis remains illegal under federal law
State legalization does not override federal statutes
Federal agencies continue to regulate:
- Banking
- Taxes
- Employment
- Accessibility
- Advertising
- Payments
- Safety
Cannabis businesses are treated as high-risk under federal frameworks

This creates additional compliance layers beyond OCM and New York law.

How Federal Rules Affect Operations

Federal requirements directly influence whether your business can function.

Banking rules determine whether accounts stay open
Tax rules limit what expenses you can deduct
Accessibility rules affect both storefronts and websites
Marketing rules control what you can say and how
Payment rules restrict credit card use and payment tools
Employment and safety rules govern staff treatment and training

These rules apply from pre-opening through daily operations.

Topics Covered in This Section

Each page in this section addresses one federal requirement.

Controlled Substances Act (Schedule I status)
Federal Tax Rule — 280E
ADA Accessibility (Digital and Physical)
Cannabis Banking Rules
Workplace Safety Requirements (OSHA)
FDA Rules for Cannabis-Derived Products
Advertising and Marketing Rules (FTC)
Employment Anti-Discrimination Rules
Hazardous Waste Rules (EPA)
Payment Security Requirements (PCI DSS)
Text Message and Call Compliance (TCPA)
Cannabis Mailing Restrictions

Each topic explains the rule, what it requires, and who enforces it.

What Operators Usually Miss

Federal rules apply even when cannabis is state-legal
Most enforcement comes from non-cannabis agencies
Everyday business decisions trigger federal exposure
Ignorance of federal rules does not limit liability

When This Comes Up

Opening bank accounts
Setting up payroll and accounting
Launching websites or marketing campaigns
Accepting payments
Hiring and managing staff
Responding to audits, lawsuits, or investigations

What Happens If You Ignore This

Account closures or frozen funds
Federal tax penalties
ADA lawsuits
Marketing enforcement actions
Employment or safety violations