S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4702
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law and  the  cannabis  law,  in  relation  to
   prohibiting  the  possession  and use of cannabis by persons under the
   age of twenty-one

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding two new sections 222.11
 and 222.26 to read as follows:
 § 222.11 RESTRICTIONS ON CANNABIS USE; PERSONS UNDER AGE TWENTY-ONE.
   NO PERSON UNDER THE AGE OF TWENTY-ONE YEARS SHALL SMOKE, VAPE, INGEST,
 CONSUME OR OTHERWISE USE CANNABIS OR  CONCENTRATED  CANNABIS;  PROVIDED,
 HOWEVER,  THAT  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO ANY
 PERSON WHO IS A CERTIFIED PATIENT  PURSUANT  TO  ARTICLE  THREE  OF  THE
 CANNABIS LAW.
   NOTWITHSTANDING  ANY  CONTRARY  PROVISION  OF  LAW, VIOLATIONS OF THIS
 SECTION BY PERSONS UNDER THE AGE OF TWENTY-ONE YEARS SHALL BE SUBJECT TO
 A CIVIL PENALTY NOT EXCEEDING TWO HUNDRED FIFTY DOLLARS, OR AN AMOUNT OF
 COMMUNITY SERVICE NOT EXCEEDING THIRTY HOURS, OR BOTH SUCH CIVIL PENALTY
 AND COMMUNITY SERVICE AS PROVIDED IN SECTIONS ONE HUNDRED THIRTY-TWO AND
 ONE HUNDRED THIRTY-TWO-A OF THE CANNABIS LAW.
 § 222.26 UNLAWFUL POSSESSION OF CANNABIS; PERSONS UNDER AGE TWENTY-ONE.
   1. A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF CANNABIS  WHEN,  BEING
 UNDER  THE  AGE OF TWENTY-ONE YEARS, SUCH PERSON KNOWINGLY POSSESSES ONE
 OR MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES  CONTAINING
 CANNABIS  AND SUCH PERSON IS NOT A CERTIFIED PATIENT PURSUANT TO ARTICLE
 THREE OF THE CANNABIS LAW.
   2. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, VIOLATIONS  OF  THIS
 SECTION  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT EXCEEDING TWO HUNDRED
 FIFTY DOLLARS, OR AN AMOUNT OF COMMUNITY SERVICE  NOT  EXCEEDING  THIRTY
 HOURS,  OR  BOTH SUCH CIVIL PENALTY AND COMMUNITY SERVICE AS PROVIDED IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09549-01-3
              

 S. 4702                             2
 
 SECTIONS ONE HUNDRED THIRTY-TWO AND  ONE  HUNDRED  THIRTY-TWO-A  OF  THE
 CANNABIS LAW.
   § 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 132
 of  the cannabis law is amended and a new paragraph (d) is added to read
 as follows:
   (i) The person shall be subject to a civil penalty of  not  more  than
 TWO  HUNDRED  fifty  dollars,  OR  AN AMOUNT OF COMMUNITY SERVICE NOT TO
 EXCEED THIRTY HOURS, OR BOTH SUCH CIVIL PENALTY AND  COMMUNITY  SERVICE,
 AS  PROVIDED  IN  SECTION  ONE HUNDRED THIRTY-TWO-A OF THIS ARTICLE. The
 civil penalty shall be payable to the office of cannabis management.
   (D) THE ISSUANCE OF A SUMMONS BY A COURT HAVING JURISDICTION  OF  SUCH
 VIOLATION  AS PROVIDED IN SECTION ONE HUNDRED THIRTY-TWO-A OF THIS ARTI-
 CLE.
   § 3. Subdivision 5 of section 132 of the cannabis law  is  amended  to
 read as follows:
   5.  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;
 PROVIDED,  HOWEVER,  THAT  CANNABIS  RECOVERED  FROM INDIVIDUALS WHO ARE
 FOUND TO BE IN VIOLATION OF SUBDIVISION FOUR OF THIS SECTION, OR SECTION
 222.11 OR 222.26 OF THE PENAL LAW SHALL BE DECLARED A NUISANCE AND SHALL
 BE DISPOSED OF IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE  HUNDRED
 THIRTY-TWO-A OF THIS ARTICLE.
   § 4. The cannabis law is amended by adding a new section 132-a to read
 as follows:
   §  132-A.   PENALTIES FOR VIOLATION OF THIS CHAPTER; PERSONS UNDER AGE
 TWENTY-ONE. 1. (A) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS  ARTI-
 CLE OR ANY OTHER LAW, ANY PERSON UNDER THE AGE OF TWENTY-ONE FOUND TO BE
 IN  VIOLATION  OF  SUBDIVISION FOUR OF SECTION ONE HUNDRED THIRTY-TWO OF
 THIS ARTICLE OR SECTION 222.11  OR  222.26  OF  THE  PENAL  LAW  MAY  BE
 SUMMONED  BEFORE  AND  EXAMINED  BY  A COURT HAVING JURISDICTION OF SUCH
 CHARGE; PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN  SHALL  AUTHOR-
 IZE, OR BE CONSTRUED TO AUTHORIZE, A PEACE OFFICER AS DEFINED IN SECTION
 2.10  OF  THE  CRIMINAL  PROCEDURE LAW OR A POLICE OFFICER AS DEFINED IN
 SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF SUCH LAW TO ARREST  A  PERSON
 WHO UNLAWFULLY POSSESSES CANNABIS OR CANNABIS PRODUCTS.
   (B)  UPON A DETERMINATION SUSTAINING ANY CHARGE DESCRIBED IN PARAGRAPH
 (A) OF THIS SUBDIVISION, THE  COURT  MAY  IMPOSE  A  CIVIL  PENALTY  NOT
 EXCEEDING TWO HUNDRED FIFTY DOLLARS OR AN APPROPRIATE AMOUNT OF COMMUNI-
 TY  SERVICE  NOT  TO  EXCEED THIRTY HOURS OR BOTH SUCH CIVIL PENALTY AND
 COMMUNITY SERVICE; PROVIDED, HOWEVER, THAT NO SUCH  DETERMINATION  SHALL
 QUALIFY  AS  A  CRIMINAL  ACCUSATION,  ADMISSION OF GUILT, OR A CRIMINAL
 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.
   2. WHENEVER A PEACE OFFICER AS DEFINED IN SECTION 2.10 OF THE CRIMINAL
 PROCEDURE LAW OR POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF
 SECTION  1.20 OF THE CRIMINAL PROCEDURE LAW SHALL OBSERVE A PERSON UNDER
 TWENTY-ONE YEARS OF AGE OPENLY IN POSSESSION OF CANNABIS,  IN  VIOLATION
 OF  SECTION  ONE HUNDRED THIRTY-TWO OF THIS ARTICLE OR SECTION 222.11 OR
 222.26 OF THE PENAL LAW, SUCH OFFICER MAY SEIZE SUCH CANNABIS, AND SHALL
 DELIVER IT TO THE CUSTODY OF SUCH OFFICER'S DEPARTMENT.
   3. NOTWITHSTANDING ANY CONTRARY PROVISION OF SECTION ONE HUNDRED THIR-
 TY-TWO OF THIS ARTICLE OR ANY OTHER PROVISION OF  LAW,  CANNABIS  SEIZED
 PURSUANT  TO THIS SECTION IS HEREBY DECLARED A NUISANCE. THE OFFICIAL TO
 WHOM THE CANNABIS HAS BEEN DELIVERED SHALL, NO EARLIER THAN  THREE  DAYS
 S. 4702                             3
 
 FOLLOWING THE RETURN DATE FOR INITIAL APPEARANCE ON THE SUMMONS, DISPOSE
 OF  OR  DESTROY  THE  CANNABIS  SEIZED  OR CAUSE IT TO BE DISPOSED OF OR
 DESTROYED. ANY PERSON CLAIMING OWNERSHIP OF CANNABIS SEIZED  UNDER  THIS
 SECTION  MAY,  ON  THE  INITIAL RETURN DATE OF THE SUMMONS OR EARLIER ON
 FIVE DAYS' NOTICE TO THE OFFICIAL OR DEPARTMENT  IN  POSSESSION  OF  THE
 CANNABIS,  APPLY TO THE COURT FOR AN ORDER PREVENTING THE DESTRUCTION OR
 DISPOSAL OF THE CANNABIS SEIZED AND ORDERING THE RETURN OF  SUCH  CANNA-
 BIS.  THE COURT MAY ORDER THE CANNABIS RETURNED IF IT IS DETERMINED THAT
 RETURN OF THE CANNABIS WOULD BE IN THE INTEREST OF JUSTICE OR  THAT  THE
 CANNABIS WAS IMPROPERLY SEIZED.
   § 5. This act shall take effect immediately.