NY State Senate Bill 2023-S7295

Senate Bill S7295

2023-2024 Legislative Session

Authorizes conditional adult-use cultivator and processor licensees to sell tested, packaged, and sealed cannabis products and cannabis to a cannabis dispensing facility licensed by a tribal nation for retail

download bill text pdf

Current Bill Status - Passed Senate & Assembly

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 10, 2023	returned to senate passed assembly ordered to third reading rules cal.837 substituted for a7375a
Jun 07, 2023	referred to economic development delivered to assembly passed senate ordered to third reading cal.1710 committee discharged and committed to rules
Jun 01, 2023	print number 7295a
Jun 01, 2023	amend and recommit to investigations and government operations
May 19, 2023	referred to investigations and government operations

Votes

- Jun 7, 2023 - Floor Vote
  S7295
  
  53
  
  Aye
  
  8
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (53)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      nay (8)
      
      Canzoneri-Fitzpatrick
      
      Lanza
      
      Martinez
      
      Martins
      
      Mattera
      
      Murray
      
      Rhoads
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 7, 2023 - Rules Committee Vote
  S7295
  
  16
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2023
      
      aye (16)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (2)
      
      Lanza
      
      Ortt
      
      aye wr (3)
      
      Griffo
      
      Helming
      
      Stec

Bill Amendments

Original

A (Active)

2023-S7295 - Details

See Assembly Version of this Bill:: A7375
Law Section:: Cannabis Law
Laws Affected:: Amd §68-c, Cannabis L

2023-S7295 - Summary

Authorizes conditional adult-use cultivator and processor licensees to sell tested, packaged, and sealed cannabis products or biomass to a cannabis dispensing facility licensed or permitted by a tribal nation for retail sale.

2023-S7295 - Sponsor Memo

                                 
BILL NUMBER: S7295

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the cannabis law, in relation to authorizing conditional
adult-use cultivator and processor licensees to sell tested, packaged,
and sealed cannabis products and cannabis to a cannabis dispensing
facility licensed by a tribal nation for retail sale

 
PURPOSE:

The purpose of this legislation, known as the "Cannabis Crop Rescue
Act," is to provide the opportunity for conditional adult-use cultivator
and processor licensees to sell products grown during the 2022 growing
season to a cannabis dispensing facility licensed by a tribal nation for
retail sale.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes the title of the bill, the "Cannabis Crop Rescue
Act."

Section 2: Legislative findings.

Section 3: Amends section 68-c of the Cannabis Law by adding a new
subdivision 16.

Section 4: States that conditional adult-use cultivator licensees may
select to operate under subdivision 16 of section 68-c of Cannabis Law
until December 31, 2023.

Section 5: Establishes the effective date.

 
JUSTIFICATION:

Chapter 18 of the laws of 2022 created the conditional adult-use culti-
vator license. This license allows select farmers to grow cannabis for
the purpose of adult-use under conditional regulations for a temporary,
2-year growing period. These licenses were offered with the understand-
ing that growers would not be permitted to sell their product outside of
state lines, but that a robust state market would exist during the
conditional license timeframe. Due to a variety of circumstances beyond
the control of New York's cannabis farmers, many licensees are unable to
sell their finished products or afford to process their cannabis. As a
result, their 2022 crops are losing potency, color, and terpene profile
in storage, greatly reducing their value. Without the ability to sell
their product, many are in severe financial distress and will be unable
to afford to plant a crop this growing season.

This bill authorizes conditional adult-use growers and processors to
sell tested cannabis products or cannabis grown during the 2022 growing
season to cannabis dispensaries licensed by tribal nations for retail
sale. This solution protects New York's cannabis industry, including
distressed growers, to ensure a healthy local cannabis economy into the
future. It does so while also opening a meaningful market for New York's
tribal nations. This authorization will expire after December 31, 2023.
This bill also authorizes the Office of Cannabis Management to issue
emergency regulations as necessary to implement subdivision 16.
 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to section 68-c of the Cannabis Law made by section three of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.

2023-S7295 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7295
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the cannabis law, in relation to authorizing conditional
   adult-use cultivator and processor licensees to sell tested, packaged,
   and sealed cannabis products and cannabis  to  a  cannabis  dispensing
   facility licensed by a tribal nation for retail sale
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as  the  "cannabis
 crop rescue act".
   §  2. Legislative findings. Chapter 18 of the laws of 2022 created the
 conditional adult-use cultivator license. Due to a  variety  of  circum-
 stances  beyond  the control of New York's cannabis farmers, many licen-
 sees cannot afford to process their  cannabis  or  sell  their  finished
 products.  As a result, their 2022 crops are losing value while in stor-
 age due to diminished potency, color and aroma.  Without sales, many are
 unable to plant a crop for the  upcoming  growing  season,  and  are  in
 severe financial stress.
   §  3.  Section  68-c  of  the  cannabis law is amended by adding a new
 subdivision 16 to read as follows:
   16.  NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  CHAPTER,  A  CONDI-
 TIONAL ADULT-USE CULTIVATOR OR PROCESSOR LICENSEE SHALL BE AUTHORIZED TO
 SELL  TESTED,  PACKAGED,  AND SEALED CANNABIS PRODUCTS OR CANNABIS GROWN
 DURING THE  TWO  THOUSAND  TWENTY-TWO  GROWING  SEASON,  TO  A  CANNABIS
 DISPENSING FACILITY LICENSED BY A TRIBAL NATION FOR RETAIL SALE. NOTHING
 IN  THIS  SUBDIVISION  SHALL BE CONSTRUED TO ALTER, MODIFY, ABROGATE, OR
 OTHERWISE IMPEDE  OR  INTERFERE  WITH  SUCH  TRIBAL  NATION'S  SOVEREIGN
 AUTHORITY TO LICENSE, SELL, CULTIVATE, PROCESS, MANUFACTURE, DISTRIBUTE,
 DELIVER,  OR TRANSPORT CANNABIS PRODUCT ON OR AMONG ITS TERRITORIES. ANY
 PRODUCT SOLD BY A CONDITIONAL-USE CULTIVATOR OR PROCESSOR LICENSEE SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10606-09-3

 S. 7295                             2
 
 BE SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY-C OF  THE  TAX  LAW;  AND
 PROVIDED,  FURTHER,  THAT  THE  LICENSEE SHALL BEAR THE COST OF ALL SUCH
 TAXES IMPOSED BY SUCH ARTICLE AND SHALL REMIT SUCH TAXES TO THE  DEPART-
 MENT  OF  TAXATION AND FINANCE.  THE OFFICE IS AUTHORIZED TO ISSUE EMER-
 GENCY REGULATIONS, IF NECESSARY, TO IMPLEMENT THIS SUBDIVISION.
   § 4. A conditional adult-use cultivator licensee may select to operate
 under subdivision 16 of section 68-c of the cannabis law until  December
 31, 2023.
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to section 68-c of the cannabis law made by section three
 of this act shall not affect the repeal of such  section  and  shall  be
 deemed repealed therewith.

co-Sponsors

2023-S7295A (ACTIVE) - Details

See Assembly Version of this Bill:: A7375
Law Section:: Cannabis Law
Laws Affected:: Amd §68-c, Cannabis L

2023-S7295A (ACTIVE) - Summary

2023-S7295A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7295A

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the cannabis law, in relation to authorizing conditional
adult-use cultivator and processor licensees to sell tested, packaged,
and sealed cannabis products and cannabis to a cannabis dispensing
facility licensed by a tribal nation for retail sale

 
PURPOSE:

The purpose of this legislation, known as the "Cannabis Crop Rescue
Act," is to provide the opportunity for conditional adult-use cultivator
and processor licensees to sell their products to a cannabis dispensing
facility licensed by a tribal nation for retail sale.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes the title of the bill, the "Cannabis Crop Rescue
Act."

Section 2: Legislative findings.

Section 3: Amends section 68-c of the Cannabis Law by adding two new
subdivisions 16 and 17.

Section 4: Sets a sunset date.

Section 5: Establishes the effective date

 
JUSTIFICATION:

Chapter 18 of the laws of 2022 created the conditional adult-use culti-
vator license. This license allows select farmers to grow cannabis for
the purpose of adult-use under conditional regulations for a temporary,
2-year growing period. These licenses were offered with the understand-
ing that growers would not be permitted to sell their product outside of
state lines, but that a robust state market would exist during the
conditional license timeframe. Due to a variety of circumstances beyond
the control of New York's cannabis farmers, many licensees are unable to
sell their finished products or afford to process their cannabis. As a
result, their 2022 crops are losing potency, color, and aroma in stor-
age, greatly reducing their value. Without the ability to sell their
product, many are in severe financial distress and will be unable to
afford to plant a crop this growing season.

This bill authorizes conditional adult-use growers and processors to
sell tested cannabis and cannabis products to cannabis dispensaries
licensed by tribal nations for retail sale or to an authorized represen-
tative of a tribal nation. This solution protects New York's cannabis
industry, including distressed growers, to ensure a healthy local canna-
bis economy into the future while opening a meaningful market for New
York's tribal nations.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

The State will receive increased revenue from the taxes collected from
licensed cultivators and - processors for the sales of their products.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to section 68-c of the cannabis law made by section three of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.

2023-S7295A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7295--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the cannabis law, in relation to authorizing conditional
   adult-use cultivator and processor licensees to sell tested, packaged,
   and  sealed  cannabis  products  and cannabis to a cannabis dispensing
   facility licensed by a tribal nation for retail sale
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "cannabis
 crop rescue act".
   § 2. Legislative findings. Chapter 18 of the laws of 2022 created  the
 conditional  adult-use  cultivator  license. Due to a variety of circum-
 stances beyond the control of New York's cannabis farmers,  many  licen-
 sees  cannot  afford  to  process  their cannabis or sell their finished
 products. As a result, their 2022 crops are losing value while in  stor-
 age due to diminished potency, color and aroma.  Without sales, many are
 unable  to  plant  a  crop  for  the upcoming growing season, and are in
 severe financial stress.
   § 3. Section 68-c of the cannabis law is amended  by  adding  two  new
 subdivisions 16 and 17 to read as follows:
   16.    NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS CHAPTER, A CONDI-
 TIONAL ADULT-USE CULTIVATOR OR PROCESSOR LICENSEE SHALL BE AUTHORIZED TO
 SELL TESTED, PACKAGED, AND SEALED CANNABIS  PRODUCTS  OR  BIOMASS  TO  A
 CANNABIS  DISPENSING  FACILITY  LICENSED OR PERMITTED BY A TRIBAL NATION
 FOR RETAIL SALE.  TRIBAL NATIONS SHALL NOT BE SUBJECT TO OR  LIMITED  BY
 AGGREGATE  SALES  OR  CONSUMPTION  LIMITS OTHERWISE PROVIDED FOR IN THIS
 CHAPTER.  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO ALTER, MODI-
 FY, ABROGATE, OR OTHERWISE IMPEDE OR INTERFERE WITH SUCH TRIBAL NATION'S
 SOVEREIGN AUTHORITY TO LICENSE, SELL, CULTIVATE,  PROCESS,  MANUFACTURE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10606-11-3

 S. 7295--A                          2
 
 DISTRIBUTE,  DELIVER,  OR  TRANSPORT  CANNABIS  PRODUCT  ON OR AMONG ITS
 TERRITORIES. ANY PRODUCT SOLD BY A CONDITIONAL ADULT-USE  CULTIVATOR  OR
 PROCESSOR  LICENSEE  SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE TWEN-
 TY-C OF THE TAX LAW; AND PROVIDED, FURTHER, THAT THE LICENSEE SHALL BEAR
 THE  COST OF ALL SUCH TAXES IMPOSED BY SUCH ARTICLE AND SHALL REMIT SUCH
 TAXES TO THE DEPARTMENT OF TAXATION AND FINANCE.
   17. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A CONDITIONAL
 ADULT-USE CULTIVATOR OR PROCESSOR LICENSEE SHALL BE AUTHORIZED  TO  SELL
 TESTED,  PACKAGED  AND  SEALED  CANNABIS PRODUCTS DIRECTLY TO CONSUMERS;
 PROVIDED THAT FOR PURPOSES OF THIS SUBDIVISION CONSUMER  SHALL  MEAN  AN
 AUTHORIZED  REPRESENTATIVE  OF  A  TRIBAL  NATION.  CONSUMERS UNDER THIS
 SUBDIVISION SHALL NOT BE SUBJECT TO OR LIMITED  BY  AGGREGATE  SALES  OR
 CONSUMPTION  LIMITS  OTHERWISE  PROVIDED FOR IN THIS CHAPTER. NOTHING IN
 THIS SUBDIVISION SHALL BE CONSTRUED TO ALTER, MODIFY, ABROGATE OR OTHER-
 WISE IMPEDE OR INTERFERE WITH SUCH TRIBAL NATION'S  SOVEREIGN  AUTHORITY
 TO  LICENSE,  SELL, CULTIVATE, PROCESS, MANUFACTURE, DISTRIBUTE, DELIVER
 OR TRANSPORT CANNABIS PRODUCT ON OR AMONG ITS TERRITORIES.  ANY  PRODUCT
 SOLD  BY  A CONDITIONAL ADULT-USE CULTIVATOR OR PROCESSOR LICENSEE SHALL
 BE SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY-C OF  THE  TAX  LAW;  AND
 PROVIDED,  FURTHER,  THAT  THE  LICENSEE SHALL BEAR THE COST OF ALL SUCH
 TAXES IMPOSED BY SUCH ARTICLE AND SHALL REMIT SUCH TAXES TO THE  DEPART-
 MENT OF TAXATION AND FINANCE.
   § 4. A conditional adult-use cultivator licensee may select to operate
 under  subdivision 16 of section 68-c of the cannabis law until December
 31, 2023.
   § 5.  This act shall take effect immediately; provided, however,  that
 the amendments to section 68-c of the cannabis law made by section three
 of  this  act  shall  not affect the repeal of such section and shall be
 deemed repealed therewith.

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