senate Bill S854

Signed By Governor
2021-2022 Legislative Session

Enacts the "marihuana regulation and taxation act"; repealer

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 31, 2021 signed chap.92
Mar 30, 2021 delivered to governor
returned to senate
passed assembly
ordered to third reading rules cal.46
substituted for a1248a
referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.641
reported and committed to rules
Mar 27, 2021 print number 854a
Mar 27, 2021 amend (t) and recommit to finance
Jan 06, 2021 referred to finance

Votes

view votes

Mar 30, 2021 - Finance committee Vote

S854A
16
7
committee
16
Aye
7
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Mar 30, 2021 - Rules committee Vote

S854A
13
7
committee
13
Aye
7
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

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

S854 - Details

See Assembly Version of this Bill:
A1248
Law Section:
Public Health Law
Laws Affected:
Amd Various Laws, generally
Versions Introduced in Other Legislative Sessions:
2013-2014: S6005, A8341
2015-2016: S1747, A3089
2017-2018: S3040, A3506
2019-2020: S1527, A1617

S854 - Summary

Enacts the "marihuana regulation and taxation act"; establishes the cannabis law; defines terms; establishes the New York state cannabis control board and the office of cannabis management (view more) outlines powers and duties thereof; authorizes the lawful use of medical cannabis; authorizes research programs related thereto; establishes a cannabis research license to permit a licensee to produce, process, purchase and/or possess cannabis for certain limited research purposes; relates to adult-use cannabis; authorizes a person to apply for a license to cultivate, process, distribute, deliver or dispense cannabis for sale in this state; relates to the description of cannabis, and the growing of and use of cannabis by persons twenty-one years of age or older; makes technical changes regarding the definition of cannabis; relates to removing certain references to marijuana relating to forfeiture actions; relates to the qualification of certain offenses involving cannabis; exempts certain persons from prosecution for the use, consumption, display, production or distribution of cannabis; relates to the definition of smoking; provides for the licensure of persons authorized to produce, process and sell marihuana; relates to the criminal sale of cannabis; relates to drug paraphernalia; adds a new article on cannabis to the penal law; authorizes a motion for resentence for persons convicted of certain marihuana offenses; levies an excise tax on certain sales of cannabis; creates the New York state cannabis revenue fund, the New York state drug treatment and public education fund and the New York state community grants reinvestment fund.

S854 - Sponsor Memo

S854 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    854
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. KRUEGER, BAILEY, BIAGGI, COMRIE, GIANARIS, HOYLMAN,
   JACKSON, KENNEDY, LIU, MAY, MYRIE,  PARKER,  RAMOS,  RIVERA,  SALAZAR,
   SANDERS, SAVINO, SEPULVEDA, SERRANO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance

 AN ACT in relation to constituting chapter 7-A of the consolidated laws,
   in relation to the creation of a new office of cannabis management, as
   an  independent  entity  within  the  division  of  alcoholic beverage
   control, providing for the licensure of persons authorized  to  culti-
   vate, process, distribute and sell cannabis and the use of cannabis by
   persons  aged  twenty-one or older; to amend the public health law, in
   relation to the description of cannabis; to amend the  penal  law,  in
   relation  to  the  growing  and  use of cannabis by persons twenty-one
   years of age or older; to amend the tax law, in relation to  providing
   for  the levying of taxes on cannabis; 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, the alcoholic
   beverage control law, the general obligations law, the social services
   law, the agriculture and markets law and the vehicle and traffic  law,
   in  relation  to making conforming changes; to amend the public health
   law, in relation to the definition of  smoking;  to  amend  the  state
   finance  law,  in relation to establishing the New York state cannabis
   revenue fund, the New York state drug treatment and  public  education
   fund  and  the  New  York state community grants reinvestment fund; to
   amend chapter 90 of the laws of 2014 amending the public  health  law,
   the  tax  law,  the  state  finance law, the general business law, the
   penal law and the criminal procedure law relating to  medical  use  of
   marihuana, in relation to the effectiveness thereof; to repeal certain
   provisions  of  the  public health law relating to growing of cannabis
   and medical use of marihuana; to repeal article 221 of the  penal  law
   relating  to  offenses involving marihuana; to repeal paragraph (f) of
   subdivision 2 of section 850 of the general business law  relating  to
   drug related paraphernalia; to repeal certain provisions of the crimi-
   nal  procedure law relating to certain criminal actions; and to repeal
 

Co-Sponsors

view additional co-sponsors

S854A (ACTIVE) - Details

See Assembly Version of this Bill:
A1248
Law Section:
Public Health Law
Laws Affected:
Amd Various Laws, generally
Versions Introduced in Other Legislative Sessions:
2013-2014: S6005, A8341
2015-2016: S1747, A3089
2017-2018: S3040, A3506
2019-2020: S1527, A1617

S854A (ACTIVE) - Summary

Enacts the "marihuana regulation and taxation act"; establishes the cannabis law; defines terms; establishes the New York state cannabis control board and the office of cannabis management (view more) outlines powers and duties thereof; authorizes the lawful use of medical cannabis; authorizes research programs related thereto; establishes a cannabis research license to permit a licensee to produce, process, purchase and/or possess cannabis for certain limited research purposes; relates to adult-use cannabis; authorizes a person to apply for a license to cultivate, process, distribute, deliver or dispense cannabis for sale in this state; relates to the description of cannabis, and the growing of and use of cannabis by persons twenty-one years of age or older; makes technical changes regarding the definition of cannabis; relates to removing certain references to marijuana relating to forfeiture actions; relates to the qualification of certain offenses involving cannabis; exempts certain persons from prosecution for the use, consumption, display, production or distribution of cannabis; relates to the definition of smoking; provides for the licensure of persons authorized to produce, process and sell marihuana; relates to the criminal sale of cannabis; relates to drug paraphernalia; adds a new article on cannabis to the penal law; authorizes a motion for resentence for persons convicted of certain marihuana offenses; levies an excise tax on certain sales of cannabis; creates the New York state cannabis revenue fund, the New York state drug treatment and public education fund and the New York state community grants reinvestment fund.

S854A (ACTIVE) - Sponsor Memo

S854A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  854--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  KRUEGER, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BRIS-
   PORT, BROUK, COMRIE,  COONEY,  GIANARIS,  HINCHEY,  HOYLMAN,  JACKSON,
   KENNEDY,  LIU,  MAY,  MYRIE,  PARKER, RAMOS, RIVERA, SALAZAR, SANDERS,
   SAVINO, 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 committee
 
 AN ACT in relation to constituting chapter 7-A of the consolidated laws,
   in relation to the creation of a new office of cannabis management, as
   an  independent  entity  within  the  division  of  alcoholic beverage
   control, providing for the licensure of persons authorized  to  culti-
   vate, process, distribute and sell cannabis and the use of cannabis by
   persons  aged  twenty-one or older; to amend the public health law, in
   relation to the description of cannabis; to amend the  penal  law,  in
   relation  to  the  growing  and  use of cannabis by persons twenty-one
   years of age or older; to amend the tax law, in relation to  providing
   for  the levying of taxes on cannabis; 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, the alcoholic
   beverage control law, the general obligations law, the social services
   law, the labor law, the family court act, and the vehicle and  traffic
   law,  in  relation  to  making conforming changes; to amend the public
   health law, in relation to the definition of  smoking;  to  amend  the
   state  finance  law,  in  relation  to establishing the New York state
   cannabis revenue fund, the New York state drug  treatment  and  public
   education  fund  and  the New York state community grants reinvestment
   fund; to amend chapter 90 of the laws  of  2014  amending  the  public
   health  law,  the tax law, the state finance law, the general business
   law, the penal law and the criminal procedure law relating to  medical
   use  of  marihuana, in relation to the effectiveness thereof; to amend
   chapter 174 of the laws of 1968  constituting  the  urban  development
   corporation  act,  in  relation to loans to social and economic equity
   applicants,  providing  increased  drug  recognition   awareness   and