§ 7. Establishment of the cannabis control board or "board". 1. The
cannabis control board is hereby created and shall consist of a
chairperson nominated by the governor and with the advice and consent of
the senate, with one vote, and four other voting board members as
provided for in subdivision two of this section.

2. Appointments. In addition to the chairperson, the governor shall
have two direct appointments to the board, and the temporary president
of the senate and the speaker of the assembly shall each have one direct
appointment to the board. Appointments shall be for a term of three
years each and should, to the extent possible, be geographically and
demographically representative of the state and communities historically
affected by the war on drugs. Board members shall be citizens and
permanent residents of this state. The chairperson and the remaining
members of such board shall continue to serve as chairperson and members
of the board until the expiration of the respective terms for which they
were appointed. Upon the expiration of such respective terms the
successors of such chairperson and members shall be appointed to serve
for a term of three years each and until their successors have been
appointed and qualified. The members, except for the chairperson, shall
when performing the work of the board, be compensated at a rate of two
hundred sixty dollars per day, and together with an allowance for actual
and necessary expenses incurred in the discharge of their duties. The
chairperson shall receive an annual salary not to exceed an amount
appropriated therefor by the legislature, and their expenses actually
and necessarily incurred in the performance of their official duties,
unless otherwise provided by the legislature. No member or member's
spouse or minor child shall have any interest in an entity regulated by
the board.

3. Expenses. Each member of the board shall be entitled to their
expenses actually and necessarily incurred by them in the performance of
their duties.

4. Removal. Any member of the board may be removed by the governor for
good cause after notice and an opportunity to be heard. A statement of
the good cause for their removal shall be filed by the governor in the
office of the secretary of state.

5. Vacancies; quorum. (A) In the event of a vacancy caused by the
death, resignation, removal or inability to perform his or her duties of
any board member, the vacancy shall be filled in the manner as the
original appointment for the remainder of the unexpired term.

(B)(i) In the event of a vacancy caused by the death, resignation,
removal, or inability to act of the chair, the vacancy shall be filled
in the same manner as the original appointment for the remainder of the
unexpired term. Notwithstanding any other provision of law to the
contrary, the governor shall designate one of the remaining board
members to serve as acting chairperson for a period not to exceed six
months or until a successor chairperson has been confirmed by the
senate. Upon the expiration of the six month term, if the governor has
nominated a successor chairperson, but the senate has not acted upon the
nomination, the acting chairperson can continue to serve as acting
chairperson for an additional ninety days or until the governor's
successor chairperson nomination is confirmed by the senate, whichever
comes first;

(ii) The governor shall provide immediate written notice to the
temporary president of the senate and the speaker of the assembly of the
designation of a board member as acting chairperson;

(iii) If (a) the governor has not nominated a successor chairperson
upon the expiration of the six month term or (b) the senate does not
confirm the governor's successor nomination within the additional ninety
days, the board member designated as acting chairperson shall no longer
be able to serve as acting chairperson and the governor is prohibited
from extending the powers of that acting chairperson or from designating
another board member to serve as acting chairperson; and

(iv) A board member serving as the acting chairperson of the cannabis
control board shall be deemed a state officer for purposes of section
seventy-three of the public officers law.

(C) A majority of the voting board members of the board shall
constitute a quorum for the purpose of conducting the business thereof
and a majority vote of all the members in office shall be necessary for
action. Provided, however, that a board member designated as an acting
chairperson pursuant to this chapter shall have only one vote for
purposes of conducting the business of the cannabis control board.

6. The cannabis control board and office of cannabis management shall
have its principal office in the city of Albany, and maintain branch
offices in the cities of New York and Buffalo and such other places as
it may deem necessary.

The board shall establish appropriate procedures to ensure that
hearing officers are shielded from ex parte communications with alleged
violators and their attorneys and from other employees of the office of
cannabis management and shall take such other steps as it shall deem
necessary and proper to shield its judicial processes from unwarranted
and inappropriate communications and attempts to influence.

7. Disqualification of members of the board and employees of the
office of cannabis management. No member of the board or any officer,
deputy, assistant, inspector or employee or spouse or minor child
thereof shall have any interest, direct or indirect, either proprietary
or by means of any loan, mortgage or lien, or in any other manner, in or
on any premises where cannabis is manufactured or sold; nor shall they
have any interest, direct or indirect, in any business wholly or
partially devoted to the cultivation, manufacture, distribution, sale,
transportation or storage of cannabis, or own any stock in any
corporation which has any interest, proprietary or otherwise, direct or
indirect, in any premises where cannabis or hemp extract is cultivated
or manufactured, distributed, or sold, or in any business wholly or
partially devoted to the cultivation, manufacture, distribution, sale,
transportation or storage of cannabis or hemp extract or receive any
commission or profit whatsoever, direct or indirect, from any person
applying for or receiving any license or permit provided for in this
chapter, or hold any other public office in the state or in any
political subdivision except upon the written permission of the board,
such member of the board or office of cannabis management or officer,
deputy, assistant, inspector or employee thereof may hold the public
office of notary public or member of a community board of education in
the city school district of the city of New York. Anyone who violates
any of the provisions of this section shall be removed.