NY State Senate Bill 2023-S7998A

Senate Bill S7998A

2023-2024 Legislative Session

Enacts the stop marijuana over-proliferation and keep empty operators of unlicensed transactions (SMOKEOUT) act

download bill text pdf

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 15, 2024	print number 7998a
Feb 15, 2024	amend and recommit to investigations and government operations
Jan 04, 2024	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2023-S7998 - Details

See Assembly Version of this Bill:: A8428
Current Committee:: Senate Investigations And Government Operations
Law Section:: Cannabis Law
Laws Affected:: Amd §132, Cannabis L; amd Part 4 Title W Title Head, add Art 455 §455.00, Pen L

2023-S7998 - Summary

Permits municipalities 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.

2023-S7998 - Sponsor Memo

                                 
BILL NUMBER: S7998

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the cannabis law and the penal law, in relation to
forfeiture of property involved in the unlawful sale of cannabis

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize all municipalities to stop operations of unlicensed canna-
bis retailers and seize merchandise.

 
SUMMARY OF PROVISIONS:

Section 1 is the short title.

Section 2 amends 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, to
make operation of a business unlawfully selling cannabis a class a
misdemeanor, and grants municipalities the authority to order the imme-
diate closure of such business and seize all merchandise.

Section 3 amends the title heading of title W of part 4 of the penal
law, as amended by chapter 920 of the laws of 1969, to add cannabis.

Section 4 amends the penal law by adding a new section 455 providing for
the seizure and forfeiture of property involved in the unlawful sale of
cannabis, and the permitted sale of property other than cannabis and
cannabis-infused products.

Section 5 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Click here to enter text.

 
JUSTIFICATION:

The Marijuana Regulation and Taxation Act of 2021 established a licen-
sure process for retail dispensaries legally to sell recreational adult
use cannabis. It vested a Cannabis Control Board with the authority to
issue stop work orders and direct seizure of merchandise from unlawful
retailers. The lack of authority for municipalities to interdict unlaw-
ful retailers, combined with limited resources from the Board, has
resulted in the proliferation of so-called "smoke shops" openly selling
illegal, unregulated cannabis and other contraband with near total impu-
nity. In New York City alone, there are an estimated 1,500 illegal smoke
shops. Mayor Eric Adams remarked, "I could clear up the smoke shops
problem in 30 days. They haven't given us the power."

The vast amount of contraband and loose cash in these smoke shops have
made them tantalizing targets for robberies and hotbeds of crime.  This
has put communities, shop employees, and their customers in, extreme
danger. Robberies of smoke shops in New York City increased from 137 in
2021 to 593 in 2022. At least five people were fatally shot in smoke
shops in 2023. These shops are also unfair competition to licensed
dispensaries, who cannot afford to sell their rigorously tested and
regulated cannabis at the prices smoke shops offer.  The Stop Marijuana
Over-proliferation and Keep Empty Operators of Unlicensed Transactions
(SMOKEOUT) Act grants all municipalities across our Great State the
authority to order the closure of unlicensed cannabis retailers and
seize all merchandise, swiftly ending the blight of illegal smoke shops
once and for all.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7998 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7998
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 and  the  penal  law,  in  relation  to
   forfeiture of property involved in the unlawful sale of cannabis
 
   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 "stop mari-
 juana over-proliferation and keep empty operators of  unlicensed  trans-
 actions (SMOKEOUT) act".
   §  2.  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.  A MUNICIPALITY SHALL HAVE THE AUTHORITY  TO  ORDER  THE  IMMEDIATE
 CLOSURE  OF  ANY BUSINESS WHICH IS FOUND TO HAVE VIOLATED THE PROVISIONS
 OF THIS SECTION AND TO SEIZE ANY MERCHANDISE RELATED  TO  SUCH  UNLAWFUL
 SALE  INCLUDING  CANNABIS,  CANNABIS  RELATED PRODUCTS, TOBACCO, TOBACCO
 RELATED PRODUCTS AND ANY  PROCEEDS  RELATING  THERETO  PURSUANT  TO  THE
 PROVISIONS  OF ARTICLE FOUR HUNDRED FIFTY-FIVE OF THE PENAL LAW. 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.
   § 3. The title heading of title W of part  4  of  the  penal  law,  as
 amended  by  chapter  920  of  the  laws  of 1969, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13780-02-3

 S. 7998                             2
 
           PROVISIONS RELATING TO FIREARMS, FIREWORKS, PORNOGRAPHY
               EQUIPMENT, CANNABIS AND VEHICLES USED IN THE
                    TRANSPORTATION OF GAMBLING RECORDS
   §  4.  The penal law is amended by adding a new article 455 to read as
 follows:
                                 ARTICLE 455
    SEIZURE AND FORFEITURE OF PROPERTY INVOLVED IN THE UNLAWFUL SALE OF
                                 CANNABIS
 
 SECTION 455.00 SEIZURE AND FORFEITURE OF PROPERTY INVOLVED IN THE UNLAW-
                  FUL SALE OF CANNABIS.
 § 455.00 SEIZURE AND FORFEITURE OF PROPERTY  INVOLVED  IN  THE  UNLAWFUL
            SALE OF CANNABIS.
   1.  ANY  PROPERTY CONSTITUTING THE PROCEEDS OR SUBSTITUTED PROCEEDS OF
 AN OFFENSE INVOLVING THE UNLAWFUL OR UNLICENSED SALE  OF  CANNABIS;  AND
 ANY  PROPERTY CONSTITUTING AN INSTRUMENTALITY OF SUCH OFFENSE, INCLUDING
 REAL PROPERTY, IS SUBJECT TO FORFEITURE PURSUANT TO  THIS  ARTICLE.  ANY
 PEACE  OFFICER, ACTING PURSUANT TO THE SPECIAL DUTIES OF THE PEACE OFFI-
 CER, OR POLICE OFFICER OF THIS STATE MAY SEIZE ANY PROPERTY INVOLVED  IN
 THE UNLAWFUL OR UNLICENSED SALE OF CANNABIS.
   2.  THE  SEIZED  PROPERTY  SHALL BE DELIVERED BY THE POLICE OFFICER OR
 PEACE OFFICER HAVING MADE THE SEIZURE TO THE  CUSTODY  OF  THE  DISTRICT
 ATTORNEY  OF THE COUNTY WHEREIN THE SEIZURE WAS MADE, EXCEPT THAT IN THE
 CITIES OF NEW YORK, YONKERS AND BUFFALO, THE SEIZED  PROPERTY  SHALL  BE
 DELIVERED TO THE CUSTODY OF THE POLICE DEPARTMENT OF SUCH CITIES TOGETH-
 ER WITH A REPORT OF ALL THE FACTS AND CIRCUMSTANCES OF THE SEIZURE.
   3. IT SHALL BE THE DUTY OF THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN
 THE  SEIZURE  WAS  MADE,  IF ELSEWHERE THAN IN THE CITIES OF NEW YORK OR
 BUFFALO, AND WHERE THE SEIZURE IS MADE IN EITHER SUCH CITY IT  SHALL  BE
 THE  DUTY  OF  THE  CORPORATION COUNSEL OF THE CITY, TO INQUIRE INTO THE
 FACTS OF THE SEIZURE SO REPORTED TO HIM OR HER AND IF IT APPEARS  PROBA-
 BLE  THAT A FORFEITURE HAS BEEN INCURRED, FOR THE DETERMINATION OF WHICH
 THE INSTITUTION OF PROCEEDINGS IN THE SUPREME  COURT  IS  NECESSARY,  TO
 CAUSE THE PROPER PROCEEDINGS TO BE COMMENCED AND PROSECUTED, AT ANY TIME
 AFTER  THIRTY DAYS FROM THE DATE OF SEIZURE, TO DECLARE SUCH FORFEITURE,
 UNLESS, UPON INQUIRY AND EXAMINATION SUCH DISTRICT  ATTORNEY  OR  CORPO-
 RATION   COUNSEL  DECIDES  THAT  SUCH  PROCEEDINGS  CANNOT  PROBABLY  BE
 SUSTAINED OR THAT THE ENDS OF PUBLIC JUSTICE DO NOT  REQUIRE  THAT  THEY
 SHOULD BE INSTITUTED OR PROSECUTED, IN WHICH CASE, THE DISTRICT ATTORNEY
 OR  CORPORATION  COUNSEL SHALL CAUSE SUCH SEIZED PROPERTY TO BE RETURNED
 TO THE OWNER THEREOF.
   4. NOTICE OF THE INSTITUTION OF THE  FORFEITURE  PROCEEDING  SHALL  BE
 SERVED EITHER (A) PERSONALLY ON THE OWNERS OF THE SEIZED PROPERTY OR (B)
 BY  REGISTERED MAIL TO THE OWNERS' LAST KNOWN ADDRESS AND BY PUBLICATION
 OF THE NOTICE ONCE A WEEK  FOR  TWO  SUCCESSIVE  WEEKS  IN  A  NEWSPAPER
 PUBLISHED OR CIRCULATED IN THE COUNTY WHEREIN THE SEIZURE WAS MADE.
   5.  FORFEITURE  SHALL  NOT BE ADJUDGED WHERE THE OWNERS ESTABLISHED BY
 PREPONDERANCE OF THE EVIDENCE THAT THE USE OF SUCH SEIZED  PROPERTY  WAS
 NOT INTENTIONAL ON THE PART OF ANY OWNER.
   6.  THE  DISTRICT  ATTORNEY OR THE POLICE DEPARTMENT HAVING CUSTODY OF
 THE SEIZED PROPERTY, AFTER SUCH JUDICIAL  DETERMINATION  OF  FORFEITURE,
 SHALL,  BY  A  PUBLIC  NOTICE OF AT LEAST FIVE DAYS, SELL SUCH FORFEITED
 PROPERTY AT PUBLIC SALE; PROVIDED, HOWEVER, THAT CANNABIS AND  CANNABIS-
 INFUSED  PRODUCTS  SHALL  NOT  BE SOLD. ANY CANNABIS OR CANNABIS-INFUSED
 PRODUCTS WHICH HAVE BEEN DETERMINED TO BE SUBJECT TO FORFEITURE SHALL BE
 DESTROYED IN ACCORDANCE WITH REGULATIONS TO BE ESTABLISHED BY THE  DIVI-
 S. 7998                             3
 
 SION  OF THE STATE POLICE. THE NET PROCEEDS OF ANY PERMITTED SALE, AFTER
 DEDUCTION OF THE LAWFUL EXPENSES INCURRED, SHALL BE PAID INTO THE GENER-
 AL FUND OF THE COUNTY WHEREIN THE SEIZURE WAS MADE EXCEPT THAT  THE  NET
 PROCEEDS  OF  THE PERMITTED SALE OF PROPERTY SEIZED IN THE CITIES OF NEW
 YORK AND BUFFALO SHALL BE PAID INTO THE RESPECTIVE GENERAL FUNDS OF SUCH
 CITIES.
   7. WHENEVER ANY PERSON INTERESTED IN ANY PROPERTY WHICH IS SEIZED  AND
 DECLARED  FORFEITED  UNDER  THE  PROVISIONS OF THIS SECTION FILES WITH A
 JUSTICE OF THE SUPREME  COURT  A  PETITION  FOR  THE  RECOVERY  OF  SUCH
 FORFEITED  PROPERTY,  THE  JUSTICE OF THE SUPREME COURT MAY RESTORE SAID
 FORFEITED PROPERTY UPON SUCH TERMS AND CONDITIONS AS  HE  OR  SHE  DEEMS
 REASONABLE AND JUST, IF THE PETITIONER ESTABLISHES THE DEFENSE SET FORTH
 IN  SUBDIVISION FIVE OF THIS SECTION AND THAT THE PETITIONER WAS WITHOUT
 PERSONAL OR ACTUAL KNOWLEDGE OF THE FORFEITURE PROCEEDING. IF THE  PETI-
 TION  BE FILED AFTER THE SALE OF THE FORFEITED PROPERTY, ANY JUDGMENT IN
 FAVOR OF THE PETITIONER SHALL BE LIMITED TO THE  NET  PROCEEDS  OF  SUCH
 SALE,  AFTER  DEDUCTION OF THE LAWFUL EXPENSES AND COSTS INCURRED BY THE
 DISTRICT ATTORNEY, POLICE DEPARTMENT OR CORPORATION COUNSEL.
   8. NO SUIT OR ACTION UNDER THIS SECTION FOR WRONGFUL SEIZURE SHALL  BE
 INSTITUTED  UNLESS  SUCH  SUIT  OR  ACTION IS COMMENCED WITHIN TWO YEARS
 AFTER THE TIME WHEN THE PROPERTY WAS SEIZED.
   § 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S7998A (ACTIVE) - Details

See Assembly Version of this Bill:: A8428
Current Committee:: Senate Investigations And Government Operations
Law Section:: Cannabis Law
Laws Affected:: Amd §132, Cannabis L; amd Part 4 Title W Title Head, add Art 455 §455.00, Pen L

2023-S7998A (ACTIVE) - Summary

2023-S7998A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7998A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the cannabis law and the penal law, in relation to
forfeiture of property involved in the unlawful sale of cannabis

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize all municipalities to stop operations of unlicensed canna-
bis retailers and seize merchandise.

 
SUMMARY OF PROVISIONS:

Section 1 is the short title.

Section 2 amends 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, to
make unlawfully selling cannabis in connection with a business a class a
misdemeanor, and grants municipalities the authority to order the imme-
diate closure of such business and seize all merchandise.

Section 3 amends the title heading of title W of part 4 of the penal
law, as amended by chapter 920 of the laws of 1969, to add cannabis.

Section 4 amends the penal law by adding a new section 455 providing for
the seizure and forfeiture of property involved in the unlawful sale of
cannabis, and the permitted sale of property other than cannabis and
cannabis-infused products.

Section 5 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The A-print amends Section 2 to clarify the terms to order closure.

 
JUSTIFICATION:

The Marihuana Regulation and Taxation Act of 2021 established a licen-
sure process for retail dispensaries legally to sell recreational adult
use cannabis. It vested a Cannabis Control Board with the authority to
issue stop work orders and direct seizure of merchandise from unlawful
retailers. The lack of authority for municipalities to interdict unlaw-
ful retailers, combined with limited resources from the Board, has
resulted in the proliferation of so-called "smoke shops" openly selling
illegal, unregulated cannabis and other contraband with near total impu-
nity. In New York City alone, there are an estimated 1,500 illegal smoke
shops. Mayor Eric Adams remarked, "I could clear up the smoke shops
problem in 30 days.  They haven't given us the power."

The vast amount of contraband and loose cash in these smoke shops have
made them tantalizing targets for robberies and hotbeds of crime.  This
has put communities, shop employees, and their customers in extreme
danger. Robberies of smoke shops in New York City increased from 137 in
2021 to 593 in 2022. At least five people were fatally shot in smoke
shops in 2023. These shops are also unfair competition to licensed
dispensaries, who cannot afford to sell their rigorously tested and
regulated cannabis at the prices smoke shops offer.
The Stop Marijuana Over-proliferation and Keep Empty Operators of Unli-
censed Transactions (SMOKEOUT) Act grants all municipalities across our
Great State the authority to order the closure of unlicensed cannabis
retailers and seize all merchandise, swiftly ending the blight of ille-
gal smoke shops once and for all.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7998A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7998--A
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 and the penal law, in relation to
   forfeiture of property involved in the unlawful sale of cannabis

   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 "stop mari-
 juana  over-proliferation  and keep empty operators of unlicensed trans-
 actions (SMOKEOUT) act".
   § 2. 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.    A  MUNICIPALITY  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 ARTICLE FOUR HUNDRED FIFTY-FIVE 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13780-10-4
 S. 7998--A                          2
 
 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-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 busi-
 ness" shall mean engaging in the sale  of,  or  otherwise  offering  for
 sale,  goods and services to the general public, including through indi-
 rect retail sales.
   § 3. The title heading of title W of part  4  of  the  penal  law,  as
 amended  by  chapter  920  of  the  laws  of 1969, is amended to read as
 follows:
           PROVISIONS RELATING TO FIREARMS, FIREWORKS, PORNOGRAPHY
               EQUIPMENT, CANNABIS AND VEHICLES USED IN THE
                    TRANSPORTATION OF GAMBLING RECORDS
   § 4. The penal law is amended by adding a new article 455 to  read  as
 follows:
                                 ARTICLE 455
    SEIZURE AND FORFEITURE OF PROPERTY INVOLVED IN THE UNLAWFUL SALE OF
                                 CANNABIS
 
 SECTION 455.00 SEIZURE AND FORFEITURE OF PROPERTY INVOLVED IN THE UNLAW-
                  FUL SALE OF CANNABIS.
 § 455.00 SEIZURE  AND  FORFEITURE  OF  PROPERTY INVOLVED IN THE UNLAWFUL
            SALE OF CANNABIS.
   1. ANY PROPERTY CONSTITUTING THE PROCEEDS OR SUBSTITUTED  PROCEEDS  OF
 AN  OFFENSE  INVOLVING  THE UNLAWFUL OR UNLICENSED SALE OF CANNABIS; AND
 ANY PROPERTY CONSTITUTING AN INSTRUMENTALITY OF SUCH OFFENSE,  INCLUDING
 REAL  PROPERTY,  IS  SUBJECT TO FORFEITURE PURSUANT TO THIS ARTICLE. ANY
 PEACE OFFICER, ACTING PURSUANT TO THE SPECIAL DUTIES OF THE PEACE  OFFI-
 CER,  OR POLICE OFFICER OF THIS STATE MAY SEIZE ANY PROPERTY INVOLVED IN
 THE UNLAWFUL OR UNLICENSED SALE OF CANNABIS.
   2. THE SEIZED PROPERTY SHALL BE DELIVERED BY  THE  POLICE  OFFICER  OR
 PEACE  OFFICER  HAVING  MADE  THE SEIZURE TO THE CUSTODY OF THE DISTRICT
 ATTORNEY OF THE COUNTY WHEREIN THE SEIZURE WAS MADE, EXCEPT THAT IN  THE
 CITIES  OF  NEW  YORK, YONKERS AND BUFFALO, THE SEIZED PROPERTY SHALL BE
 DELIVERED TO THE CUSTODY OF THE POLICE DEPARTMENT OF SUCH CITIES TOGETH-
 ER WITH A REPORT OF ALL THE FACTS AND CIRCUMSTANCES OF THE SEIZURE.
   3. IT SHALL BE THE DUTY OF THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN
 THE SEIZURE WAS MADE, IF ELSEWHERE THAN IN THE CITIES OF NEW YORK, YONK-
 ERS OR BUFFALO, AND WHERE THE SEIZURE IS MADE IN  EITHER  SUCH  CITY  IT
 SHALL  BE  THE  DUTY  OF THE CORPORATION COUNSEL OF THE CITY, TO INQUIRE
 INTO THE FACTS OF THE SEIZURE SO REPORTED  TO  HIM  OR  HER  AND  IF  IT
 APPEARS  PROBABLE  THAT A FORFEITURE HAS BEEN INCURRED, FOR THE DETERMI-
 NATION OF WHICH THE INSTITUTION OF PROCEEDINGS IN THE SUPREME  COURT  IS
 NECESSARY,  TO  CAUSE  THE PROPER PROCEEDINGS TO BE COMMENCED AND PROSE-
 CUTED, AT ANY TIME AFTER THIRTY  DAYS  FROM  THE  DATE  OF  SEIZURE,  TO
 DECLARE  SUCH  FORFEITURE,  UNLESS,  UPON  INQUIRY  AND EXAMINATION SUCH
 DISTRICT ATTORNEY OR CORPORATION COUNSEL DECIDES THAT  SUCH  PROCEEDINGS
 CANNOT  PROBABLY  BE SUSTAINED OR THAT THE ENDS OF PUBLIC JUSTICE DO NOT
 REQUIRE THAT THEY SHOULD BE INSTITUTED OR PROSECUTED, IN WHICH CASE, THE
 DISTRICT ATTORNEY OR CORPORATION COUNSEL SHALL CAUSE SUCH SEIZED PROPER-
 TY TO BE RETURNED TO THE OWNER THEREOF.
   4. NOTICE OF THE INSTITUTION OF THE  FORFEITURE  PROCEEDING  SHALL  BE
 SERVED EITHER (A) PERSONALLY ON THE OWNERS OF THE SEIZED PROPERTY OR (B)
 BY  REGISTERED MAIL TO THE OWNERS' LAST KNOWN ADDRESS AND BY PUBLICATION
 S. 7998--A                          3

 OF THE NOTICE ONCE A WEEK  FOR  TWO  SUCCESSIVE  WEEKS  IN  A  NEWSPAPER
 PUBLISHED OR CIRCULATED IN THE COUNTY WHEREIN THE SEIZURE WAS MADE.
   5.  FORFEITURE  SHALL  NOT BE ADJUDGED WHERE THE OWNERS ESTABLISHED BY
 PREPONDERANCE OF THE EVIDENCE THAT THE USE OF SUCH SEIZED  PROPERTY  WAS
 NOT INTENTIONAL ON THE PART OF ANY OWNER.
   6.  THE  DISTRICT  ATTORNEY OR THE POLICE DEPARTMENT HAVING CUSTODY OF
 THE SEIZED PROPERTY, AFTER SUCH JUDICIAL  DETERMINATION  OF  FORFEITURE,
 SHALL,  BY  A  PUBLIC  NOTICE OF AT LEAST FIVE DAYS, SELL SUCH FORFEITED
 PROPERTY AT PUBLIC SALE; PROVIDED, HOWEVER, THAT CANNABIS AND  CANNABIS-
 INFUSED  PRODUCTS  SHALL  NOT  BE SOLD. ANY CANNABIS OR CANNABIS-INFUSED
 PRODUCTS WHICH HAVE BEEN DETERMINED TO BE SUBJECT TO FORFEITURE SHALL BE
 DESTROYED IN ACCORDANCE WITH REGULATIONS TO BE ESTABLISHED BY THE  DIVI-
 SION  OF THE STATE POLICE. THE NET PROCEEDS OF ANY PERMITTED SALE, AFTER
 DEDUCTION OF THE LAWFUL EXPENSES INCURRED, SHALL BE PAID INTO THE GENER-
 AL FUND OF THE COUNTY WHEREIN THE SEIZURE WAS MADE EXCEPT THAT  THE  NET
 PROCEEDS  OF  THE PERMITTED SALE OF PROPERTY SEIZED IN THE CITIES OF NEW
 YORK, YONKERS AND BUFFALO SHALL BE  PAID  INTO  THE  RESPECTIVE  GENERAL
 FUNDS OF SUCH CITIES.
   7.  WHENEVER ANY PERSON INTERESTED IN ANY PROPERTY WHICH IS SEIZED AND
 DECLARED FORFEITED UNDER THE PROVISIONS OF THIS  SECTION  FILES  WITH  A
 JUSTICE  OF  THE  SUPREME  COURT  A  PETITION  FOR  THE RECOVERY OF SUCH
 FORFEITED PROPERTY, THE JUSTICE OF THE SUPREME COURT  MAY  RESTORE  SAID
 FORFEITED  PROPERTY  UPON  SUCH  TERMS AND CONDITIONS AS HE OR SHE DEEMS
 REASONABLE AND JUST, IF THE PETITIONER ESTABLISHES THE DEFENSE SET FORTH
 IN SUBDIVISION FIVE OF THIS SECTION AND THAT THE PETITIONER WAS  WITHOUT
 PERSONAL  OR ACTUAL KNOWLEDGE OF THE FORFEITURE PROCEEDING. IF THE PETI-
 TION BE FILED AFTER THE SALE OF THE FORFEITED PROPERTY, ANY JUDGMENT  IN
 FAVOR  OF  THE  PETITIONER  SHALL BE LIMITED TO THE NET PROCEEDS OF SUCH
 SALE, AFTER DEDUCTION OF THE LAWFUL EXPENSES AND COSTS INCURRED  BY  THE
 DISTRICT ATTORNEY, POLICE DEPARTMENT OR CORPORATION COUNSEL.
   8.  NO SUIT OR ACTION UNDER THIS SECTION FOR WRONGFUL SEIZURE SHALL BE
 INSTITUTED UNLESS SUCH SUIT OR ACTION  IS  COMMENCED  WITHIN  TWO  YEARS
 AFTER THE TIME WHEN THE PROPERTY WAS SEIZED.
   § 5. This act shall take effect immediately.

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Senate Bill S7998A

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Leroy Comrie