Senate Bill S3040

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Finance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2017-S3040 - Details

See Assembly Version of this Bill:
A3506
Current Committee:
Senate Finance
Law Section:
Appropriations
Laws Affected:
Amd Various Laws, generally
Versions Introduced in Other Legislative Sessions:
2013-2014: S6005, A8341
2015-2016: S1747, A3089
2019-2020: S1527, A1617
2021-2022: S854, A1248

2017-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

2017-S3040 - Sponsor Memo

2017-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".
   § 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.
              

co-Sponsors

2017-S3040A - Details

See Assembly Version of this Bill:
A3506
Current Committee:
Senate Finance
Law Section:
Appropriations
Laws Affected:
Amd Various Laws, generally
Versions Introduced in Other Legislative Sessions:
2013-2014: S6005, A8341
2015-2016: S1747, A3089
2019-2020: S1527, A1617
2021-2022: S854, A1248

2017-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

2017-S3040A - Sponsor Memo

2017-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

              

co-Sponsors

2017-S3040B - Details

See Assembly Version of this Bill:
A3506
Current Committee:
Senate Finance
Law Section:
Appropriations
Laws Affected:
Amd Various Laws, generally
Versions Introduced in Other Legislative Sessions:
2013-2014: S6005, A8341
2015-2016: S1747, A3089
2019-2020: S1527, A1617
2021-2022: S854, A1248

2017-S3040B - 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

2017-S3040B - Sponsor Memo

2017-S3040B - 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.
              

co-Sponsors

2017-S3040C (ACTIVE) - Details

See Assembly Version of this Bill:
A3506
Current Committee:
Senate Finance
Law Section:
Appropriations
Laws Affected:
Amd Various Laws, generally
Versions Introduced in Other Legislative Sessions:
2013-2014: S6005, A8341
2015-2016: S1747, A3089
2019-2020: S1527, A1617
2021-2022: S854, A1248

2017-S3040C (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

2017-S3040C (ACTIVE) - Sponsor Memo

2017-S3040C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3040--C
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced by Sens. KRUEGER, ALCANTARA, BAILEY, COMRIE, DILAN, GIANARIS,
   HAMILTON,  HOYLMAN,  MONTGOMERY,  PARKER,  PERALTA, RIVERA, SEPULVEDA,
   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  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee  on  Finance  in  accordance  with  Senate Rule 6, sec. 8 --
   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  amend the alcoholic beverage control law, in
   relation to alcohol  or  substance  use  disorder  training  awareness
   programs;  to  amend the state finance law, in relation to a revolving
   loan fund; to amend the  family  court  act,  in  relation  to  making
   conforming changes; to repeal sections 221.05, 221.10, 221.15, 221.20,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets