Assembly Bill A4618B

Signed By Governor
2023-2024 Legislative Session

Relates to unlawful possession and sale of cannabis

download bill text pdf

Sponsored By

Current Bill Status Via S7505 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2023-A4618 - Details

See Senate Version of this Bill:
S7505
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.46-a, CP L

2023-A4618 - Summary

Makes technical corrections regarding the unlawful possession and sale of cannabis.

2023-A4618 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4618
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the cannabis law, the penal law, and the criminal proce-
   dure law, in relation to unlawful possession and sale of cannabis
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening paragraph of subdivision 4 of section 132 of
 the cannabis law is amended to read as follows:
   Any person under the age of twenty-one found to be  in  possession  of
 THREE  OUNCES  OR  LESS  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:
   §  2.  Paragraph  (d)  of subdivision 3 of section 222.05 of the penal
 law, as added by chapter 92 of the laws of 2021, is amended to  read  as
 follows:
   (d)  the possession of multiple containers of cannabis OR CONCENTRATED
 CANNABIS without evidence of [concentrated cannabis] POSSESSION in  MORE
 THAN the amounts authorized in this article;
   §  3.  The first undesignated paragraph of section 222.25 of the penal
 law, as added by chapter 92 of the laws of 2021, is amended to  read  as
 follows:
   A  person  is guilty of unlawful possession of cannabis when he or she
 knowingly and unlawfully possesses ONE OR MORE PREPARATIONS,  COMPOUNDS,
 MIXTURES  OR  SUBSTANCES  CONTAINING cannabis and [such cannabis weighs]
 SAID PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE
 WEIGHT OF more than three  ounces  or  concentrated  cannabis  and  such
 concentrated  cannabis  [weighs]  HAS  AN  AGGREGATE WEIGHT OF more than
 twenty-four grams.
   § 4. Subdivisions 1 and 2 of section 222.30 of the penal law, as added
 by chapter 92 of the laws of 2021, are amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07443-01-3
 A. 4618                             2

co-Sponsors

2023-A4618A - Details

See Senate Version of this Bill:
S7505
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.46-a, CP L

2023-A4618A - Summary

Makes technical corrections regarding the unlawful possession and sale of cannabis.

2023-A4618A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4618--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced by M. of A. PEOPLES-STOKES, LUPARDO -- read once and referred
   to the Committee on Codes -- reported and referred to the Committee on
   Codes  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the cannabis law, the penal law, and the criminal proce-
   dure law, in relation to unlawful possession and sale of cannabis
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening paragraph of subdivision 4 of section 132 of
 the cannabis law is amended to read as follows:
   Any person under the age of twenty-one found to be  in  possession  of
 THREE  OUNCES  OR  LESS  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:
   §  2.  Paragraph  (d)  of subdivision 3 of section 222.05 of the penal
 law, as added by chapter 92 of the laws of 2021, is amended to  read  as
 follows:
   (d)  the possession of multiple containers of cannabis OR CONCENTRATED
 CANNABIS without evidence of [concentrated cannabis] POSSESSION in  MORE
 THAN the amounts authorized in this article;
   §  3.  Subdivision  2  of section 222.50 of the penal law, as added by
 chapter 92 of the laws of 2021, is amended to read as follows:
   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] ANOTHER person AND THAT PERSON IS 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 registered organization or employees of  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07443-02-3
 A. 4618--A                          2

co-Sponsors

2023-A4618B (ACTIVE) - Details

See Senate Version of this Bill:
S7505
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.46-a, CP L

2023-A4618B (ACTIVE) - Summary

Makes technical corrections regarding the unlawful possession and sale of cannabis.

2023-A4618B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4618--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced by M. of A. PEOPLES-STOKES, LUPARDO -- read once and referred
   to the Committee on Codes -- reported and referred to the Committee on
   Codes  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee
 
 AN ACT to amend the criminal procedure law, in relation to making  tech-
   nical corrections regarding the unlawful possession and sale of canna-
   bis
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (ii) of paragraph  (b)  of  subdivision  2  of
 section  440.46-a  of the criminal procedure law, as added by chapter 92
 of the laws of 2021, is amended to read as follows:
   (ii) If the petition meets the criteria in subparagraph [(i)] (II)  of
 paragraph (a) of this subdivision, the court after affording the parties
 an  opportunity to be heard and present evidence, may substitute, unless
 it is not in the interests of justice to do  so,  a  conviction  for  an
 appropriate  lesser  offense under article two hundred twenty-two of the
 penal law.
   § 2. This act shall take effect immediately, and shall  be  deemed  to
 have been in full force and effect on and after March 31, 2021.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07443-05-3

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