Similarities Between New York’s Alcohol Beverage Law and the Cannabis Law
In developing the adult-use component of its Cannabis Law, New York did not start from scratch. While legislators drew from legalization efforts in other states, there are some striking similarities with New York’s Alcohol Beverage Law.
Alcohol Beverage Law | Cannabis Law | |
Multi-Tier System | Consists of three tiers: manufacturers, wholesalers and retailers | Consists of four tiers: cultivators, processors, distributors and retailers |
Ownership Across Tiers | Manufacturers and wholesalers may not have any interest, whether direct or indirect, in any retailer and vice versa Notable exception: retail privileges are granted to craft manufacturers | Cultivators, processors and distributors may not have any interest, whether direct or indirect, in any retailer and vice versa Notable exception: registered organizations (i.e., medica dispensaries) and microbusiness have limited retail privileges |
Proximity to Certain Buildings | No retail location may be within 200 ft. of any school or place of worship | No retail location may be located within 200 ft. of any place of worship or 500 ft. of any school |
Municipality Notice | On-premises locations must provide notice to the municipality at least 30 days prior to filing an application | All retail locations must provide notice to the municipality at least 30 days prior to filing an application |
Signage | No sign advertising any brand of liquor or wine is permitted on the exterior or interior of any off-premises location except as permitted by the State Liquor Authority | No sign advertising any brand is permitted on the exterior or interior of any retail dispensary except as permitted by the Cannabis Control Board |
Gaming and Other Prohibited Activities | Gambling, fighting, nudity, etc. are not permitted at any on-premises location | Gambling, fighting, nudity, etc. are not permitted at any on-premises consumption location Additionally, gambling is not permitted at any retail dispensary |