S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4220
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2023
                                ___________
 
 Introduced  by  M.  of A. PALMESANO, ANGELINO, K. BROWN, BYRNES, FRIEND,
   GALLAHAN, McDONOUGH, MIKULIN -- read once and referred to the  Commit-
   tee 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05444-01-3
              

 A. 4220                             2
 
   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:
 § 222.55 Criminal sale of cannabis in the second degree.
   A person is guilty of criminal sale of cannabis in the  second  degree
 when:
   1.  he  or she knowingly and unlawfully sells more than sixteen ounces
 of cannabis or more than five ounces 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, more than
 three ounces of cannabis or more than twenty-four grams of  concentrated
 cannabis  to  a person less than eighteen years of age. This subdivision
 shall not apply to designated caregivers, practitioners, employees of  a
 registered  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 second degree is a class E felony.
   § 3. Section 222.60 of the penal law, as added by chapter  92  of  the
 laws of 2021, is amended to read as follows:
 § 222.60 Criminal sale of cannabis in the first degree.
   A  person  is  guilty of criminal sale of cannabis in the first degree
 when:
   1. he or she knowingly and unlawfully sells more than five  pounds  of
 cannabis or more than two pounds of concentrated cannabis; OR
   2. 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 first degree is a class D felony.
   § 4. Section 132 of the cannabis law is amended to read as follows:
   §  132.  Penalties  for  violation  of this chapter. 1. Any person who
 cultivates for sale or sells cannabis,  cannabis  products,  or  medical
 cannabis  without  having an appropriate registration, license or permit
 therefor, or whose registration, license, or permit  has  been  revoked,
 surrendered  or  cancelled,  may be subject to prosecution in accordance
 with article two hundred twenty-two of the penal law.
   2. ANY COMMERCIAL ESTABLISHMENT, STORE, CLUB, OR FACILITY, THAT  KNOW-
 INGLY  AND  UNLAWFULLY  SELLS,  TRANSFERS, GIFTS OR TRADES ANY AMOUNT OF
 CANNABIS WITHOUT AN APPROPRIATE LICENSE OR AUTHORITY UNDER THIS  CHAPTER
 SHALL  BE  SUBJECT  TO  A  CIVIL  PENALTY  OF NOT MORE THAN TEN THOUSAND
 DOLLARS FOR A  FIRST  VIOLATION;  NOT  MORE  THAN  TWENTY-FIVE  THOUSAND
 DOLLARS FOR A SECOND VIOLATION; AND NOT MORE THAN FIFTY THOUSAND DOLLARS
 FOR  A  THIRD  VIOLATION  AND  EACH SUBSEQUENT VIOLATION THEREAFTER. THE
 CIVIL PENALTY SHALL BE PAYABLE TO THE OFFICE OF CANNABIS MANAGEMENT, WHO
 SHALL BE REQUIRED TO REMIT SUCH PAYMENTS TO  THE  COUNTY  IN  WHICH  THE
 VIOLATING ESTABLISHMENT IS LOCATED.
 A. 4220                             3
 
   3. Any registered organization or licensee, who has received notifica-
 tion  of a registration or license suspension pursuant to the provisions
 of this chapter, who sells cannabis, cannabis products, medical cannabis
 or cannabinoid hemp or hemp extract during the suspension period,  shall
 be  subject to prosecution as provided in article two hundred twenty-two
 of the penal law, and upon conviction thereof under this section may  be
 subject to a civil penalty of not more than five thousand dollars.
   [3.]  4.  Any  person  who  shall  knowingly make any materially false
 statement in the application for a registration,  license  or  a  permit
 under this chapter may be subject to license or registration suspension,
 revocation,  or  denial  subject  to  the board, and may be subject to a
 civil penalty of not more than two thousand dollars.
   [4.] 5. Any person  under  the  age  of  twenty-one  found  to  be  in
 possession  of  cannabis  or  cannabis  products  who is not a certified
 patient pursuant to article three of this chapter shall be in  violation
 of this chapter and shall be subject to the following penalty:
   (a)  (i)  The  person  shall be subject to a civil penalty of not more
 than fifty dollars. The civil penalty shall be payable to the office  of
 cannabis management.
   (ii)  Any  identifying  information provided by the enforcement agency
 for the purpose of facilitating payment of the civil penalty  shall  not
 be  shared or disclosed under any circumstances with any other agency or
 law enforcement division.
   (b) The person shall, upon payment of the required civil  penalty,  be
 provided  with  information  related  to  the dangers of underage use of
 cannabis and information related to cannabis use disorder by the office.
   (c) The issuance and subsequent payment of such civil penalty shall in
 no way qualify as a criminal accusation, admission of guilt, or a crimi-
 nal conviction and shall in no way operate as a disqualification of  any
 such  person from holding public office, attaining public employment, or
 as a forfeiture of any right or privilege.
   [5.] 6. Cannabis recovered from individuals who are  found  to  be  in
 violation of this chapter may after notice and opportunity for a hearing
 be considered a nuisance and shall be disposed of or destroyed.
   [6.]  7.  After due notice and opportunity to be heard, as established
 by rules and regulations, nothing in this  section  shall  prohibit  the
 board from suspending, revoking, or denying a license, permit, registra-
 tion,  or  application  in  addition to the penalties prescribed in this
 section.
   § 5. This act shall take effect immediately.