senate Bill S9365

2021-2022 Legislative Session

Includes certain acts and subsequent penalties in the criminal sale of cannabis

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 20, 2022 referred to codes

S9365 (ACTIVE) - Details

See Assembly Version of this Bill:
A9815
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§222.50, 222.55 & 222.60, Pen L; amd §132, Cannabis L

S9365 (ACTIVE) - Summary

Includes certain acts and subsequent penalties in the criminal sale of cannabis.

S9365 (ACTIVE) - Sponsor Memo

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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