Assembly Bill A9689

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9689
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Economic Development
 
 AN  ACT  to amend the cannabis law, in relation to permitting any police
   officer to enforce licensure requirements of  retail  dispensaries  by
   closing retail locations which sell cannabis without a license; allows
   seizure  of  the instrumentality of the unlawful sales, including real
   estate

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 8 of section 132 of the cannabis law, as added
 by section 17 of part UU of chapter 56 of the laws of 2023,  is  amended
 to read as follows:
   8.  Any person who knowingly and unlawfully sells, gives, or causes to
 be sold or given, IN CONNECTION WITH THE OPERATION OF A BUSINESS  OR  AT
 THE  BUSINESS  LOCATION, any cannabis or cannabis products for which the
 sale of such products requires a license, permit, or registration  under
 this  chapter  where  such person owns and/or is principally responsible
 for the operation of a business where such products were sold, given, or
 caused to be sold or given without  having  obtained  a  valid  license,
 permit  or  registration therefor shall be guilty of a class A misdemea-
 nor. ANY POLICE OFFICER SHALL HAVE THE AUTHORITY TO: ORDER THE IMMEDIATE
 CLOSURE OF ANY BUSINESS WHICH IS FOUND TO HAVE VIOLATED  THE  PROVISIONS
 OF THIS SECTION, OR OF ANY BUSINESS WHERE A VIOLATION OF THIS SECTION OR
 ANY  OTHER  VIOLATION  EXISTS  THAT  POSES AN IMMEDIATE THREAT TO PUBLIC
 HEALTH AND  SAFETY;  AND  TO  SEIZE  ANY  MERCHANDISE  RELATED  TO  SUCH
 VIOLATION  OR  VIOLATIONS INCLUDING CANNABIS, CANNABIS RELATED PRODUCTS,
 TOBACCO, TOBACCO RELATED PRODUCTS  AND  ANY  PROCEEDS  RELATING  THERETO
 PURSUANT TO THE PROVISIONS OF TITLE W OF PART FOUR OF THE PENAL LAW. FOR
 THE  PURPOSES OF THIS SUBDIVISION, AN "IMMEDIATE THREAT TO PUBLIC HEALTH
 AND SAFETY" SHALL INCLUDE, BUT IS NOT LIMITED TO: THE  PRESENCE  OF  ANY
 CANNABIS  OR  CANNABIS  PRODUCTS  IN CONNECTION WITH A VIOLATION OF THIS
 SECTION; THE PRESENCE OF ANY CIGARETTE OR TOBACCO PRODUCTS IN CONNECTION
 WITH A VIOLATION OF SECTION EIGHTEEN HUNDRED FOURTEEN OF  THE  TAX  LAW;
 THE  PRESENCE  OF ANY SCHEDULE I SUBSTANCE AS DEFINED BY SECTION THIRTY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14938-01-4
 A. 9689                             2
 
 THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW; OR A  VIOLATION  OF  ARTICLE
 THIRTEEN-F  OF  THE  PUBLIC  HEALTH  LAW,  INCLUDING  THE  PRESENCE OF A
 SUBSTANCE OR PRODUCT WHOSE SALE IS PROHIBITED UNDER  SUCH  ARTICLE.  For
 the  purposes  of  this  section,  "operation  of a business" shall mean
 engaging in the sale of, or  otherwise  offering  for  sale,  goods  and
 services to the general public, including through indirect retail sales.
   § 2. This act shall take effect immediately.