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 SystemConsists of three tiers: manufacturers, wholesalers and retailersConsists 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 BuildingsNo retail location may be within 200 ft. of any school or place of worshipNo retail location may be located within 200 ft. of any place of worship or 500 ft. of any school

Municipality NoticeOn-premises locations must provide notice to the municipality at least 30 days prior to filing an applicationAll retail locations must provide notice to the municipality at least 30 days prior to filing an application

SignageNo 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 AuthorityNo 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 ActivitiesGambling, 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

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