Senate Bill S9263

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9263
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law and  the  cannabis  law,  in  relation  to
   prohibiting  the  possession  and use of cannabis by persons under the
   age of twenty-one
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding two new sections 222.11
 and 222.26 to read as follows:
 § 222.11 RESTRICTIONS ON CANNABIS USE; PERSONS UNDER AGE TWENTY-ONE.
   NO PERSON UNDER THE AGE OF TWENTY-ONE YEARS SHALL SMOKE, VAPE, INGEST,
 CONSUME OR OTHERWISE USE CANNABIS OR  CONCENTRATED  CANNABIS;  PROVIDED,
 HOWEVER,  THAT  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO ANY
 PERSON WHO IS A CERTIFIED PATIENT  PURSUANT  TO  ARTICLE  THREE  OF  THE
 CANNABIS LAW.
   NOTWITHSTANDING  ANY  CONTRARY  PROVISION  OF  LAW, VIOLATIONS OF THIS
 SECTION BY PERSONS UNDER THE AGE OF TWENTY-ONE YEARS SHALL BE SUBJECT TO
 A CIVIL PENALTY NOT EXCEEDING TWO HUNDRED FIFTY DOLLARS, OR AN AMOUNT OF
 COMMUNITY SERVICE NOT EXCEEDING THIRTY HOURS, OR BOTH SUCH CIVIL PENALTY
 AND COMMUNITY SERVICE AS PROVIDED IN SECTIONS ONE HUNDRED THIRTY-TWO AND
 ONE HUNDRED THIRTY-TWO-A OF THE CANNABIS LAW.
 § 222.26 UNLAWFUL POSSESSION OF CANNABIS; PERSONS UNDER AGE TWENTY-ONE.
   1. A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF CANNABIS  WHEN,  BEING
 UNDER  THE  AGE OF TWENTY-ONE YEARS, SUCH PERSON KNOWINGLY POSSESSES ONE
 OR MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES  CONTAINING
 CANNABIS  AND SUCH PERSON IS NOT A CERTIFIED PATIENT PURSUANT TO ARTICLE
 THREE OF THE CANNABIS LAW.
   2. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, VIOLATIONS  OF  THIS
 SECTION  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT EXCEEDING TWO HUNDRED
 FIFTY DOLLARS, OR AN AMOUNT OF COMMUNITY SERVICE  NOT  EXCEEDING  THIRTY
 HOURS,  OR  BOTH SUCH CIVIL PENALTY AND COMMUNITY SERVICE AS PROVIDED IN
 SECTIONS ONE HUNDRED THIRTY-TWO AND  ONE  HUNDRED  THIRTY-TWO-A  OF  THE
 CANNABIS LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15388-01-2
              

 S. 9263                             2
 
   § 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 132
 of  the cannabis law is amended and a new paragraph (d) is added to read
 as follows:
   (i)  The  person  shall be subject to a civil penalty of not more than
 TWO HUNDRED fifty dollars, OR AN AMOUNT  OF  COMMUNITY  SERVICE  NOT  TO
 EXCEED  THIRTY  HOURS, OR BOTH SUCH CIVIL PENALTY AND COMMUNITY SERVICE,
 AS PROVIDED IN SECTION ONE HUNDRED THIRTY-TWO-A  OF  THIS  ARTICLE.  The
 civil penalty shall be payable to the office of cannabis management.
   (D)  THE  ISSUANCE OF A SUMMONS BY A COURT HAVING JURISDICTION OF SUCH
 VIOLATION AS PROVIDED IN SECTION ONE HUNDRED THIRTY-TWO-A OF THIS  ARTI-
 CLE.
   §  3.  Subdivision  5 of section 132 of the cannabis law is amended to
 read as follows:
   5. Cannabis  recovered  from  individuals  who  are  found  to  be  in
 violation of this chapter may after notice and opportunity for a hearing
 be  considered  a  nuisance  and  shall  be  disposed  of  or destroyed;
 PROVIDED, HOWEVER, THAT CANNABIS  RECOVERED  FROM  INDIVIDUALS  WHO  ARE
 FOUND TO BE IN VIOLATION OF SUBDIVISION FOUR OF THIS SECTION, OR SECTION
 222.11 OR 222.26 OF THE PENAL LAW SHALL BE DECLARED A NUISANCE AND SHALL
 BE  DISPOSED OF IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED
 THIRTY-TWO-A OF THIS ARTICLE.
   § 4. The cannabis law is amended by adding a new section 132-a to read
 as follows:
   § 132-A.  PENALTIES FOR VIOLATION OF THIS CHAPTER; PERSONS  UNDER  AGE
 TWENTY-ONE.  1. (A) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS ARTI-
 CLE OR ANY OTHER LAW, ANY PERSON UNDER THE AGE OF TWENTY-ONE FOUND TO BE
 IN VIOLATION OF SUBDIVISION FOUR OF SECTION ONE  HUNDRED  THIRTY-TWO  OF
 THIS  ARTICLE  OR  SECTION  222.11  OR  222.26  OF  THE PENAL LAW MAY BE
 SUMMONED BEFORE AND EXAMINED BY A  COURT  HAVING  JURISDICTION  OF  SUCH
 CHARGE;  PROVIDED,  HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL AUTHOR-
 IZE, OR BE CONSTRUED TO AUTHORIZE, A PEACE OFFICER AS DEFINED IN SECTION
 2.10 OF THE CRIMINAL PROCEDURE LAW OR A POLICE  OFFICER  AS  DEFINED  IN
 SUBDIVISION  THIRTY-FOUR  OF SECTION 1.20 OF SUCH LAW TO ARREST A PERSON
 WHO UNLAWFULLY POSSESSES CANNABIS OR CANNABIS PRODUCTS.
   (B) UPON A DETERMINATION SUSTAINING ANY CHARGE DESCRIBED IN  PARAGRAPH
 (A)  OF  THIS  SUBDIVISION,  THE  COURT  MAY  IMPOSE A CIVIL PENALTY NOT
 EXCEEDING TWO HUNDRED FIFTY DOLLARS OR AN APPROPRIATE AMOUNT OF COMMUNI-
 TY SERVICE NOT TO EXCEED THIRTY HOURS OR BOTH  SUCH  CIVIL  PENALTY  AND
 COMMUNITY  SERVICE;  PROVIDED, HOWEVER, THAT NO SUCH DETERMINATION SHALL
 QUALIFY AS A CRIMINAL ACCUSATION, ADMISSION  OF  GUILT,  OR  A  CRIMINAL
 CONVICTION AND SHALL IN NO WAY OPERATE AS A DISQUALIFICATION OF ANY SUCH
 PERSON  FROM HOLDING PUBLIC OFFICE, ATTAINING PUBLIC EMPLOYMENT, OR AS A
 FORFEITURE OF ANY RIGHT OR PRIVILEGE.
   2. WHENEVER A PEACE OFFICER AS DEFINED IN SECTION 2.10 OF THE CRIMINAL
 PROCEDURE LAW OR POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF
 SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW SHALL OBSERVE A PERSON  UNDER
 TWENTY-ONE  YEARS  OF AGE OPENLY IN POSSESSION OF CANNABIS, IN VIOLATION
 OF SECTION ONE HUNDRED THIRTY-TWO OF THIS ARTICLE OR SECTION  222.11  OR
 222.26 OF THE PENAL LAW, SUCH OFFICER MAY SEIZE SUCH CANNABIS, AND SHALL
 DELIVER IT TO THE CUSTODY OF SUCH OFFICER'S DEPARTMENT.
   3. NOTWITHSTANDING ANY CONTRARY PROVISION OF SECTION ONE HUNDRED THIR-
 TY-TWO  OF  THIS  ARTICLE OR ANY OTHER PROVISION OF LAW, CANNABIS SEIZED
 PURSUANT TO THIS SECTION IS HEREBY DECLARED A NUISANCE. THE OFFICIAL  TO
 WHOM  THE  CANNABIS HAS BEEN DELIVERED SHALL, NO EARLIER THAN THREE DAYS
 FOLLOWING THE RETURN DATE FOR INITIAL APPEARANCE ON THE SUMMONS, DISPOSE
 OF OR DESTROY THE CANNABIS SEIZED OR CAUSE  IT  TO  BE  DISPOSED  OF  OR
 S. 9263                             3

 DESTROYED.  ANY  PERSON CLAIMING OWNERSHIP OF CANNABIS SEIZED UNDER THIS
 SECTION MAY, ON THE INITIAL RETURN DATE OF THE  SUMMONS  OR  EARLIER  ON
 FIVE  DAYS'  NOTICE  TO  THE OFFICIAL OR DEPARTMENT IN POSSESSION OF THE
 CANNABIS,  APPLY TO THE COURT FOR AN ORDER PREVENTING THE DESTRUCTION OR
 DISPOSAL OF THE CANNABIS SEIZED AND ORDERING THE RETURN OF  SUCH  CANNA-
 BIS.  THE COURT MAY ORDER THE CANNABIS RETURNED IF IT IS DETERMINED THAT
 RETURN OF THE CANNABIS WOULD BE IN THE INTEREST OF JUSTICE OR  THAT  THE
 CANNABIS WAS IMPROPERLY SEIZED.
   § 5. This act shall take effect immediately.