senate Bill S9452

2021-2022 Legislative Session

Relates to penalties and enforcement of adult-use cannabis laws

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2022 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1801
committee discharged and committed to rules
May 29, 2022 referred to investigations and government operations

Co-Sponsors

S9452 (ACTIVE) - Details

Law Section:
Tax Law
Laws Affected:
Amd §§494 & 496-c, add §§496-d & 1814-b, Tax L; amd §16, Cannabis L; amd §222.00, Pen L

S9452 (ACTIVE) - Summary

Authorizes the commissioner of taxation and finance to revoke the certificate of registration of the sale of adult-use cannabis; increases certain penalties relating to the sale of illicit cannabis; authorizes the commissioner of taxation and finance and the duly authorized representatives of the office of cannabis management to provide enforcement; makes it a class A misdemeanor for a distributor of adult-use cannabis products or a retail seller of adult-use cannabis products to sell any such products while not registered to do so.

S9452 (ACTIVE) - Sponsor Memo

S9452 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9452
 
                             I N  S E N A T E
 
                               May 29, 2022
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the tax law, in relation  to  making  certain  technical
   corrections  to  tax on adult-use cannabis pursuant to article 20-C of
   such law; to amend the cannabis law, in relation to certain penalties;
   and to amend the penal law, in relation to clarifying  the  definition
   of selling cannabis
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (b) of section 494 of the tax law, as added  by
 chapter 92 of the laws of 2021, is amended to read as follows:
   (b)  [(1)]  The  commissioner  shall  refuse to issue a certificate of
 registration to any applicant and shall revoke the certificate of regis-
 tration of any such person who does not possess a valid license from the
 office of cannabis management. (1) The commissioner may refuse to  issue
 a  certificate  of  registration  to any applicant where such applicant:
 (i) has a past-due liability as that term  is  defined  in  section  one
 hundred  seventy-one-v  of  this  chapter; (ii) has had a certificate of
 registration under this article, a license from the office  of  cannabis
 management,  or any license or registration provided for in this chapter
 revoked or suspended where such revocation or suspension was  in  effect
 on  the date the application was filed or ended within one year from the
 date on which such application was filed; (iii) has been convicted of  a
 crime  provided  for  in  this  chapter within one year from the date on
 which such application was filed  or  the  certificate  was  issued,  as
 applicable;  (iv) willfully fails to file a report or return required by
 this article; (v) willfully files, causes to be filed, gives  or  causes
 to  be given a report, return, certificate or affidavit required by this
 article which is false; or (vi) willfully fails to collect or truthfully
 account for or pay over any tax imposed by this article.
   (2) THE COMMISSIONER MAY REVOKE THE CERTIFICATE OF REGISTRATION ISSUED
 TO ANY PERSON WHO:  (I) HAS HAD A CERTIFICATE OF REGISTRATION UNDER THIS
 ARTICLE, OR ANY LICENSE OR REGISTRATION PROVIDED  FOR  IN  THIS  CHAPTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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