S T A T E O F N E W Y O R K
________________________________________________________________________
3281
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
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Introduced by M. of A. PAULIN, ZEBROWSKI, THIELE, SIMON, SEAWRIGHT,
BUTTENSCHON, CONRAD, FAHY, GUNTHER, MAGNARELLI, McMAHON, STERN,
STIRPE, WALLACE, WOERNER -- read once and referred to the Committee on
Economic Development
AN ACT to amend the cannabis law, in relation to establishing additional
penalties for the unlawful sale of cannabis
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 132 of the cannabis law is amended by adding a new
subdivision 7 to read as follows:
7. (A) IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL PENALTIES THAT MAY
APPLY, ANY FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION, OR RETAILER, AS
DEFINED IN SECTION THREE OF THIS CHAPTER, DOING BUSINESS AS A RETAIL
DISPENSARY WITHOUT A PROPER LICENSE OR WHILE UNDER SUSPENSION OR REVOCA-
TION, OR IN VIOLATION OF AN ORDER DIRECTING CESSATION OF UNLICENSED
RETAIL DISPENSING ISSUED BY THE OFFICE OF CANNABIS MANAGEMENT PURSUANT
TO ARTICLE FOUR OF THIS CHAPTER OR A LOCAL POLICE DEPARTMENT IS SUBJECT
TO A CIVIL PENALTY OF NOT LESS THAN TWENTY-FIVE HUNDRED DOLLARS FOR THE
FIRST VIOLATION, FIVE THOUSAND DOLLARS FOR A SECOND SUCH VIOLATION, AND
A CLAIMING AUTHORITY MAY DIRECT A CLAIMING AGENT TO LEVY UPON PROPERTY
BY SEIZURE FOR A THIRD SUCH VIOLATION AND ANY SUBSEQUENT VIOLATION.
BEFORE SEIZURE, THE CLAIMING AUTHORITY SHALL GIVE THE FIRM, PARTNERSHIP,
ASSOCIATION, CORPORATION, OR RETAILER TEN DAYS' NOTICE IN WRITING, TO BE
SERVED IN A MANNER CONSISTENT WITH ARTICLE THREE OF THE CIVIL PRACTICE
LAW AND RULES, OF A HEARING FOR THE FIRM, PARTNERSHIP, ASSOCIATION,
CORPORATION, OR RETAILER TO SHOW CAUSE WHY SUCH PROPERTY SHOULD NOT BE
SEIZED. FOLLOWING SUCH HEARING, THE CLAIMING AUTHORITY SHALL RENDER A
DECISION IN WRITING AND FILE WITH THE OFFICE, AND A COPY THEREOF SHALL
BE SERVED PERSONALLY OR BY MAIL TO THE FIRM, PARTNERSHIP, ASSOCIATION,
CORPORATION, OR RETAILER. THE DECISION SHALL BE SUBJECT TO REVIEW UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES INSTITUTED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02092-01-3
A. 3281 2
WITHIN THIRTY DAYS AFTER RECEIPT OF THE CLAIMING AUTHORITY'S DECISION BY
THE FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION, OR RETAILER. FOR THE
PURPOSES OF THIS SUBDIVISION, AN ENTITY IS "DOING BUSINESS AS A RETAIL
DISPENSARY" WHEN UNLICENSED ADULT USE CANNABIS IS SOLD OR OFFERED TO BE
SOLD TO MULTIPLE PERSONS FROM THE SAME PREMISES ON MORE THAN ONE DAY AND
AFTER NOTICE TO CEASE AND DESIST HAS BEEN GIVEN BY THE OFFICE OF CANNA-
BIS MANAGEMENT OR A LOCAL POLICE DEPARTMENT.
(B) FOR PURPOSES OF THIS SUBDIVISION, A "CLAIMING AUTHORITY" MAY BE
EITHER THE OFFICE OF CANNABIS MANAGEMENT OR THE APPROPRIATE LOCAL COUNTY
ATTORNEY OR CORPORATION COUNSEL UPON CONSENT OF THE OFFICE OF CANNABIS
MANAGEMENT. A "CLAIMING AGENT" MEANS ALL PERSONS DESCRIBED IN SUBDIVI-
SION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, AND
SHERIFFS, UNDERSHERIFFS, AND DEPUTY SHERIFFS OF COUNTIES WITHIN THE CITY
OF NEW YORK ACTING UPON DIRECTION OF A CLAIMING AUTHORITY. PROPERTY
SUBJECT TO SEIZURE INCLUDES CANNABIS KEPT OR MAINTAINED AT THE LOCATION
OF RETAIL DISPENSING AND ANY PROPERTY WHICH CONTRIBUTES DIRECTLY AND
MATERIALLY TO UNLAWFUL RETAIL SALE OF CANNABIS. NOTHING IN THIS SUBDIVI-
SION SHALL PREVENT THE IMMEDIATE SEIZURE OF ILLICIT CANNABIS AS OTHER-
WISE AUTHORIZED BY LAW.
§ 2. This act shall take effect immediately.