|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 20, 2022||referred to codes|
senate Bill S9365
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S9365 (ACTIVE) - Details
S9365 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9365 SPONSOR: O'MARA TITLE OF BILL: An act to amend the penal law and the cannabis law, in relation to including certain acts and subsequent penalties in the criminal sale of cannabis PURPOSE: The purpose of this bill is to define unlawful activities of persons utilizing commercial establishments as a front to distribute cannabis in violation of the Cannabis Control Law, and to impose civil penalties against these entities for initial and recurrent violations. SUMMARY OF PROVISIONS: Section 1: Adds a new sub-division 3 to section 222.50 of the penal law to prohibit "any person, while employed or operating a commercial estab- lishment, store, club, or facility, who knowingly and unlawfully sells, transfers, gifts or trades cannabis without appropriate license or
S9365 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9365 I N S E N A T E May 20, 2022 ___________ Introduced by Sen. O'MARA -- 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 including certain acts and subsequent penalties 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[.]; OR 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 AN APPROPRIATE LICENSE OR AUTHORITY UNDER THE CANNABIS LAW. ANY PERSON CONVICTED UNDER THIS SUBDIVISION SHALL ACT TO PRECLUDE SUCH 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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