senate Bill S3040A

2017-2018 Legislative Session

Enacts the "marihuana regulation and taxation act"; repealer; appropriation

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Sponsored By

Current Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2017 print number 3040b
amend (t) and recommit to finance
Jun 09, 2017 print number 3040a
amend (t) and recommit to finance
Jan 19, 2017 referred to finance

Sponsor's Position

Marijuana prohibition is a failed policy that disproportionately affects communities of color and wastes valuable law enforcement resources.

Co-Sponsors

view additional co-sponsors

S3040 - Details

Law Section:
Public Health Law
Laws Affected:
Amd Various Laws, generally
Versions Introduced in Previous Legislative Sessions:
2015-2016: S1747
2013-2014: S6005

S3040 - Summary

Enacts the "marihuana regulation and taxation act"; relates to the description of marihuana, and the growing of and use of marihuana by persons twenty-one years of age or older; makes technical changes regarding the definition of marihuana; relates to the qualification of certain offenses involving marihuana and exempts certain persons from prosecution for the use, consumption, display, production or distribution of marihuana (view more) provides for the licensure of persons authorized to produce, process and sell marihuana; levies an excise tax on certain sales of marihuana; repeals certain provisions of the penal law relating to the criminal sale of marihuana and provisions of the general business law relating to drug paraphernalia; makes an appropriation therefor.

S3040 - Sponsor Memo

S3040 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3040

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 19, 2017
                               ___________

Introduced by Sens. KRUEGER, BAILEY, DILAN, HOYLMAN, MONTGOMERY, PARKER,
  PERALTA,  PERKINS,  RIVERA, SERRANO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance

AN ACT to amend the public health law, in relation to the description of
  marihuana, and the growing of and use of marihuana by persons eighteen
  years of age or older; to  amend  the  vehicle  and  traffic  law,  in
  relation to making technical changes regarding the definition of mari-
  huana;  to  amend  the  penal law, in relation to the qualification of
  certain offenses involving marihuana and  to  exempt  certain  persons
  from  prosecution  for  the  use,  consumption, display, production or
  distribution of marihuana; to amend  the  alcoholic  beverage  control
  law,  in relation to providing for the licensure of persons authorized
  to produce, process and sell marihuana;  to  amend  the  tax  law,  in
  relation  to  providing  for  the  levying of an excise tax on certain
  sales of marihuana; to amend the criminal  procedure  law,  the  civil
  practice  law  and  rules, the general business law, the state finance
  law, the executive law, the penal law and the vehicle and traffic law,
  in relation to making conforming changes; to repeal  sections  221.10,
  221.25,  221.30,  221.50  and  221.55 of the penal law relating to the
  criminal possession and sale of marihuana; to repeal paragraph (f)  of
  subdivision  2  of section 850 of the general business law relating to
  drug related paraphernalia; and making an appropriation therefor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as the "marihuana
regulation and taxation act".
  S 2. Legislative findings  and  intent.  The  legislature  finds  that
decades of arresting marihuana users has failed to prevent marihuana use
or prevent minors from accessing marihuana. Existing marihuana laws have
created a violent, illegal drug market that consumes millions of dollars
in  criminal  justice resources each year.  Existing marihuana laws have

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05327-03-7

Co-Sponsors

view additional co-sponsors

S3040A - Details

Law Section:
Public Health Law
Laws Affected:
Amd Various Laws, generally
Versions Introduced in Previous Legislative Sessions:
2015-2016: S1747
2013-2014: S6005

S3040A - Summary

Enacts the "marihuana regulation and taxation act"; relates to the description of marihuana, and the growing of and use of marihuana by persons twenty-one years of age or older; makes technical changes regarding the definition of marihuana; relates to the qualification of certain offenses involving marihuana and exempts certain persons from prosecution for the use, consumption, display, production or distribution of marihuana (view more) provides for the licensure of persons authorized to produce, process and sell marihuana; levies an excise tax on certain sales of marihuana; repeals certain provisions of the penal law relating to the criminal sale of marihuana and provisions of the general business law relating to drug paraphernalia; makes an appropriation therefor.

S3040A - Sponsor Memo

S3040A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3040--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 19, 2017
                               ___________

Introduced by Sens. KRUEGER, ALCANTARA, BAILEY, COMRIE, DILAN, HAMILTON,
  HOYLMAN,  MONTGOMERY,  PARKER,  PERALTA, RIVERA, SERRANO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public health law, in relation to the description of
  marihuana, and the growing of and use of marihuana by persons  twenty-
  one  years of age or older; to amend the civil practice law and rules,
  in relation to removing certain references to  marihuana  relating  to
  forfeiture  actions; to amend the vehicle and traffic law, in relation
  to making technical changes regarding the definition of marihuana;  to
  amend  the  penal  law,  in  relation  to the qualification of certain
  offenses involving marihuana and to exempt certain persons from prose-
  cution for the use, consumption, display, production  or  distribution
  of marihuana; to amend the alcoholic beverage control law, in relation
  to providing for the licensure of persons authorized to produce, proc-
  ess and sell marihuana; to amend the state finance law, in relation to
  establishing  the  marihuana  control  fund  and the marihuana revenue
  fund; to amend the tax law, in relation to providing for  the  levying
  of  an excise tax on certain sales of marihuana; to amend the criminal
  procedure law, the civil practice law and rules, the general  business
  law,  the  state finance law, the executive law, the penal law and the
  vehicle and traffic law, in relation to making conforming changes;  to
  repeal sections 221.05, 221.10, 221.15, 221.20, 221.25, 221.30, 221.35
  and  221.40  of  the penal law relating to the criminal possession and
  sale of marihuana; to repeal paragraph (f) of subdivision 2 of section
  850 of the general business law relating  to  drug  related  parapher-
  nalia; and making an appropriation therefor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05327-04-7

S. 3040--A                          2

Co-Sponsors

view additional co-sponsors

S3040B (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Amd Various Laws, generally
Versions Introduced in Previous Legislative Sessions:
2015-2016: S1747
2013-2014: S6005

S3040B (ACTIVE) - Summary

Enacts the "marihuana regulation and taxation act"; relates to the description of marihuana, and the growing of and use of marihuana by persons twenty-one years of age or older; makes technical changes regarding the definition of marihuana; relates to the qualification of certain offenses involving marihuana and exempts certain persons from prosecution for the use, consumption, display, production or distribution of marihuana (view more) provides for the licensure of persons authorized to produce, process and sell marihuana; levies an excise tax on certain sales of marihuana; repeals certain provisions of the penal law relating to the criminal sale of marihuana and provisions of the general business law relating to drug paraphernalia; makes an appropriation therefor.

S3040B (ACTIVE) - Sponsor Memo

S3040B (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3040--B

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 19, 2017
                               ___________

Introduced by Sens. KRUEGER, ALCANTARA, BAILEY, COMRIE, DILAN, HAMILTON,
  HOYLMAN,  MONTGOMERY,  PARKER,  PERALTA, RIVERA, SERRANO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the public health law, in relation to the description of
  marihuana, and the growing of and use of marihuana by persons  twenty-
  one  years of age or older; to amend the civil practice law and rules,
  in relation to removing certain references to  marihuana  relating  to
  forfeiture  actions; to amend the vehicle and traffic law, in relation
  to making technical changes regarding the definition of marihuana;  to
  amend  the  penal  law,  in  relation  to the qualification of certain
  offenses involving marihuana and to exempt certain persons from prose-
  cution for the use, consumption, display, production  or  distribution
  of marihuana; to amend the alcoholic beverage control law, in relation
  to providing for the licensure of persons authorized to produce, proc-
  ess and sell marihuana; to amend the state finance law, in relation to
  establishing  the  New York state marihuana revenue fund, the New York
  state drug treatment education fund and the New York  state  community
  grants reinvestment fund; to amend the tax law, in relation to provid-
  ing for the levying of an excise tax on certain sales of marihuana; to
  amend  the  criminal  procedure law, the civil practice law and rules,
  the general business law, the state finance law,  the  executive  law,
  the  penal  law and the vehicle and traffic law, in relation to making
  conforming changes; to repeal sections 221.05, 221.10, 221.15, 221.20,
  221.25, 221.30, 221.35 and 221.40 of the penal  law  relating  to  the
  criminal  possession and sale of marihuana; to repeal paragraph (f) of
  subdivision 2 of section 850 of the general business law  relating  to
  drug  related  paraphernalia; to repeal section 150.75 of the criminal
  procedure law relating to appearance  tickets  for  certain  marihuana
  offenses; and making an appropriation therefor

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05327-06-7

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