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Senate Bill S8511

2021-2022 Legislative Session

Includes certain acts in the criminal sale of cannabis

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2021-S8511 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§222.50, 222.55 & 222.60, Pen L

2021-S8511 (ACTIVE) - Summary

Includes, while employed or operating a commercial establishment, store, club, or facility, knowingly and unlawfully selling, transferring, gifting or trading cannabis without appropriate license or authority under the cannabis law in the crime of the criminal sale of cannabis.

2021-S8511 (ACTIVE) - Sponsor Memo

2021-S8511 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8511
 
                             I N  S E N A T E
 
                               March 8, 2022
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to including certain acts  in
   the criminal sale of cannabis
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 222.50 of the penal law, as added by chapter 92  of
 the laws of 2021, is amended to read as follows:
 § 222.50 Criminal sale of cannabis in the third degree.
   A  person  is  guilty of criminal sale of cannabis in the third degree
 when:
   1. he or she knowingly and unlawfully sells more than three ounces  of
 cannabis or more than twenty-four grams of concentrated cannabis; or
   2.  being  twenty-one  years  of age or older, he or she knowingly and
 unlawfully sells or gives, or causes to be given or  sold,  cannabis  or
 concentrated  cannabis  to  a  person less than twenty-one years of age;
 except that in any prosecution under this subdivision, it is  a  defense
 that the defendant was less than three years older than the person under
 the age of twenty-one at the time of the offense. This subdivision shall
 not apply to designated caregivers, practitioners, employees of a regis-
 tered  organization  or  employees  of  a  designated caregiver facility
 acting in compliance with article three of the cannabis law.
   3. ANY PERSON, WHILE EMPLOYED OR OPERATING A COMMERCIAL ESTABLISHMENT,
 STORE, CLUB, OR FACILITY, WHO KNOWINGLY AND UNLAWFULLY SELLS, TRANSFERS,
 GIFTS OR TRADES CANNABIS WITHOUT APPROPRIATE LICENSE OR AUTHORITY  UNDER
 THE  CANNABIS LAW. ANY PERSON CONVICTED UNDER THIS SUBDIVISION SHALL ACT
 TO PRECLUDE THE PERSON FROM SEEKING, QUALIFYING OR RECEIVING ANY PERMIT,
 LICENSE OR AUTHORITY TO PERFORM ANY ACTIVITIES UNDER THE CANNABIS LAW.
   Criminal sale of cannabis in the third degree is a class  A  misdemea-
 nor.
   §  2.  Section  222.55 of the penal law, as added by chapter 92 of the
 laws of 2021, is amended to read as follows:
 § 222.55 Criminal sale of cannabis in the second degree.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14894-01-2

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