Who Makes the Rules?
(MRTA Article 2; Sections 7–20)
Article 2 explains who governs cannabis in New York and how regulatory power is structured. It defines which bodies set policy, write rules, issue licenses, enforce compliance, and oversee equity.
What This Covers
- The Cannabis Control Board (CCB)
- The Office of Cannabis Management (OCM)
- Roles, authority, and decision-making structure
- Rule-making and public hearings
- Enforcement powers
- Equity oversight roles
- Ethics, conflicts, and transparency requirements
§7 — Cannabis Control Board (CCB)
The primary policy-making body for cannabis regulation.
- Sets statewide cannabis policy
- Approves or denies licenses
- Adopts, amends, and repeals regulations
- Oversees OCM operations
- Members are appointed by state leadership
- Members may not hold financial interests in cannabis businesses
The Board makes decisions. OCM executes them.
§8 — Office of Cannabis Management (OCM)
The operational and enforcement agency.
- Manages license applications and renewals
- Conducts inspections
- Oversees enforcement actions
- Runs education and outreach programs
OCM is the day-to-day regulator operators interact with.
§9 — Executive Director
Leads OCM and carries out Board policy.
- Implements Board decisions
- Manages staff and internal operations
- Oversees licensing, compliance, and enforcement
- Coordinates public health initiatives
§10 — Powers of the Board
Defines the Board’s legal authority.
- Approve or deny licenses
- Create and amend regulations
- Set standards for testing, packaging, marketing, and operations
- Suspend or revoke licenses
§11 — Duties of the Executive Director
Covers daily regulatory operations.
- Administer licensing processes
- Conduct inspections and enforcement
- Manage agency operations
- Coordinate with other state agencies
§12 — Chief Equity Officer
Oversees equity implementation and monitoring.
- Supports Social and Economic Equity (SEE) applicants
- Oversees equity licensing initiatives
- Tracks participation and outcomes
- Reports on access and diversity
§13 — Rule-making Process
Explains how cannabis regulations are created.
- Drafting proposed rules
- Public notice and comment periods
- Review and final adoption by the Board
Applies to rules covering retail operations, labeling, packaging, marketing, advertising, and testing.
§14 — State Cannabis Advisory Board
Advisory body without voting power.
- Provides feedback on licensing and regulation
- Makes equity-related recommendations
- Represents community and industry perspectives
The Advisory Board influences discussion but does not set policy.
§15 — License Fee Revenue
Explains how cannabis fees are used.
- Deposited into the Cannabis Revenue Fund
- Supports regulatory operations
- Funds education and public health programs
- Supports equity initiatives
§16 — Violations and Penalties
Lists enforcement consequences.
- Civil fines
- License suspension
- License revocation
- Court-issued injunctions
§16-A — Emergency Relief
Allows immediate action when health or safety is at risk.
- Suspend sales
- Issue stop-orders
- Temporarily suspend licenses
§17 — Hearings
Establishes due-process protections.
- Written notice of violations
- Opportunity to respond
- Formal hearing procedures
§18 — Ethics and Transparency
Sets conduct standards for regulators.
- Conflict-of-interest restrictions
- Ethics rules for Board members and staff
- Public information and transparency requirements
§19 — Public Health Campaigns
Requires statewide education efforts.
- Safe cannabis use
- Youth prevention
- Public awareness initiatives
§20 — Uniform Policies
Ensures consistency across the state.
- Licensing procedures
- Compliance standards
- Enforcement practices
What Operators Usually Miss
- The Board sets policy; OCM enforces it
- Public comment periods affect final rules
- Emergency powers can bypass normal timelines
When This Comes Up
- Challenging or interpreting regulations
- Responding to enforcement actions
- Participating in public rule-making
- Seeking clarity on regulatory authority
What Happens If You Ignore This
- Misdirected communications
- Missed opportunities to comment on rules
- Delayed responses to enforcement
- Increased compliance risk
Related Pages
Source Material
