Provides that any applicant who cultivates for sale or sells cannabis, cannabis products, medical cannabis, or any product marketed or labeled as such, without having an appropriate registration, license or permit therefor, shall be deemed ineligible to receive or renew a license to sell cannabis.
S T A T E O F N E W Y O R K
________________________________________________________________________
9834
I N A S S E M B L Y
April 11, 2024
___________
Introduced by M. of A. JEAN-PIERRE -- read once and referred to the
Committee on Economic Development
AN ACT to amend the cannabis law, in relation to prohibiting any person
or applicant from receiving a license from the office of cannabis
management in certain circumstances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 16 of the cannabis law is amended by adding a new
subdivision 7 to read as follows:
7. THE BOARD OR THE OFFICE SHALL DEEM ANY APPLICANT, AS DEFINED IN
SUBDIVISION ONE OF SECTION THREE OF THIS CHAPTER, WHO IS FOUND IN
VIOLATION OF SUBDIVISION FIVE OF SECTION ONE HUNDRED THIRTY-SIX OF THIS
CHAPTER, TO BE INELIGIBLE TO RECEIVE A LICENSE AS DEFINED IN SUBDIVISION
THIRTY-ONE OF SECTION THREE OF THIS CHAPTER.
§ 2. The opening paragraph of paragraph (a) of subdivision 1 of
section 132 of the cannabis law, as amended by section 17 of part UU of
chapter 56 of the laws of 2023, is amended to read as follows:
Any person OR APPLICANT AS DEFINED IN SUBDIVISION ONE OF SECTION THREE
OF THIS CHAPTER who cultivates for sale or sells cannabis, cannabis
products, medical cannabis, or any product marketed or labeled as such,
without having an appropriate registration, license or permit therefor,
including a person whose registration, license, or permit has been
revoked, surrendered or cancelled, where such person is engaging in
activity for which a license would be required under this chapter, may
be subject to a civil penalty of not more than ten thousand dollars for
each day during which such violation continues, SHALL BE DEEMED INELIGI-
BLE TO RECEIVE OR RENEW A LICENSE AS DEFINED IN SUBDIVISION THIRTY-ONE
OF SECTION THREE OF THIS CHAPTER, and an additional civil penalty in an
amount of no more than five times the revenue from such prohibited sales
or, in an amount of no more than three times the projected revenue for
any such product found in the possession of such person based on the
retail list price of such products; provided, however, that any such
person who engages in such activity from a residence or other real prop-
erty not otherwise held out as open to the public or otherwise being
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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