senate Bill S3040B

2017-2018 Legislative Session

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

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Sponsored By

Current Bill Status - In Senate Finance Committee


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 07, 2018 print number 3040c
Nov 07, 2018 amend (t) and recommit to finance
Jan 03, 2018 referred to finance
Jun 16, 2017 print number 3040b
Jun 16, 2017 amend (t) and recommit to finance
Jun 09, 2017 print number 3040a
Jun 09, 2017 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.

S3040 - Details

See Assembly Version of this Bill:
A3506B
Law Section:
Public Health Law
Laws Affected:
Amd Various Laws, generally
Versions Introduced in Previous Legislative Sessions:
2015-2016: S1747, A3089A
2013-2014: S6005, A8341

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; creates the New York state marihuana revenue fund, the New York state community grants reinvestment fund, and the marihuana microbusiness and marihuana license revolving loan fund; makes an appropriation therefor.

S3040 - Bill Text download pdf


          

Co-Sponsors

view additional co-sponsors

S3040A - Details

See Assembly Version of this Bill:
A3506B
Law Section:
Public Health Law
Laws Affected:
Amd Various Laws, generally
Versions Introduced in Previous Legislative Sessions:
2015-2016: S1747, A3089A
2013-2014: S6005, A8341

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; creates the New York state marihuana revenue fund, the New York state community grants reinvestment fund, and the marihuana microbusiness and marihuana license revolving loan fund; 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 - Details

See Assembly Version of this Bill:
A3506B
Law Section:
Public Health Law
Laws Affected:
Amd Various Laws, generally
Versions Introduced in Previous Legislative Sessions:
2015-2016: S1747, A3089A
2013-2014: S6005, A8341

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 (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; creates the New York state marihuana revenue fund, the New York state community grants reinvestment fund, and the marihuana microbusiness and marihuana license revolving loan fund; makes an appropriation therefor.

S3040B - Sponsor Memo

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.
                                                           LBD05327-06-7

Co-Sponsors

view additional co-sponsors

S3040C (ACTIVE) - Details

See Assembly Version of this Bill:
A3506B
Law Section:
Public Health Law
Laws Affected:
Amd Various Laws, generally
Versions Introduced in Previous Legislative Sessions:
2015-2016: S1747, A3089A
2013-2014: S6005, A8341

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 (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; creates the New York state marihuana revenue fund, the New York state community grants reinvestment fund, and the marihuana microbusiness and marihuana license revolving loan fund; makes an appropriation therefor.

S3040C (ACTIVE) - Sponsor Memo

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
                      [ ] is old law to be omitted.

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