S T A T E O F N E W Y O R K
________________________________________________________________________
4220
2023-2024 Regular Sessions
I N A S S E M B L Y
February 13, 2023
___________
Introduced by M. of A. PALMESANO, ANGELINO, K. BROWN, BYRNES, FRIEND,
GALLAHAN, McDONOUGH, MIKULIN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law and the cannabis law, in relation to
including certain acts and subsequent penalties in the criminal sale
of cannabis
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 222.50 of the penal law, as added by chapter 92 of
the laws of 2021, is amended to read as follows:
§ 222.50 Criminal sale of cannabis in the third degree.
A person is guilty of criminal sale of cannabis in the third degree
when:
1. he or she knowingly and unlawfully sells more than three ounces of
cannabis or more than twenty-four grams of concentrated cannabis; or
2. being twenty-one years of age or older, he or she knowingly and
unlawfully sells or gives, or causes to be given or sold, cannabis or
concentrated cannabis to a person less than twenty-one years of age;
except that in any prosecution under this subdivision, it is a defense
that the defendant was less than three years older than the person under
the age of twenty-one at the time of the offense. This subdivision shall
not apply to designated caregivers, practitioners, employees of a regis-
tered organization or employees of a designated caregiver facility
acting in compliance with article three of the cannabis law[.]; OR
3. ANY PERSON, WHILE EMPLOYED OR OPERATING A COMMERCIAL ESTABLISHMENT,
STORE, CLUB, OR FACILITY, WHO KNOWINGLY AND UNLAWFULLY SELLS, TRANSFERS,
GIFTS OR TRADES CANNABIS WITHOUT AN APPROPRIATE LICENSE OR AUTHORITY
UNDER THE CANNABIS LAW. ANY PERSON CONVICTED UNDER THIS SUBDIVISION
SHALL ACT TO PRECLUDE SUCH PERSON FROM SEEKING, QUALIFYING OR RECEIVING
ANY PERMIT, LICENSE OR AUTHORITY TO PERFORM ANY ACTIVITIES UNDER THE
CANNABIS LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05444-01-3
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Criminal sale of cannabis in the third degree is a class A misdemea-
nor.
§ 2. Section 222.55 of the penal law, as added by chapter 92 of the
laws of 2021, is amended to read as follows:
§ 222.55 Criminal sale of cannabis in the second degree.
A person is guilty of criminal sale of cannabis in the second degree
when:
1. he or she knowingly and unlawfully sells more than sixteen ounces
of cannabis or more than five ounces of concentrated cannabis; or
2. being twenty-one years of age or older, he or she knowingly and
unlawfully sells or gives, or causes to be given or sold, more than
three ounces of cannabis or more than twenty-four grams of concentrated
cannabis to a person less than eighteen years of age. This subdivision
shall not apply to designated caregivers, practitioners, employees of a
registered organization or employees of a designated caregiver facility
acting in compliance with article three of the cannabis law[.]; OR
3. ANY PERSON, WHILE EMPLOYED OR OPERATING A COMMERCIAL ESTABLISHMENT,
STORE, CLUB, OR FACILITY, WHO KNOWINGLY AND UNLAWFULLY SELLS, TRANSFERS,
GIFTS OR TRADES CANNABIS WITHOUT AN APPROPRIATE LICENSE OR AUTHORITY
UNDER THE CANNABIS LAW. ANY PERSON CONVICTED UNDER THIS SUBDIVISION
SHALL ACT TO PRECLUDE SUCH PERSON FROM SEEKING, QUALIFYING OR RECEIVING
ANY PERMIT, LICENSE OR AUTHORITY TO PERFORM ANY ACTIVITIES UNDER THE
CANNABIS LAW.
Criminal sale of cannabis in the second degree is a class E felony.
§ 3. Section 222.60 of the penal law, as added by chapter 92 of the
laws of 2021, is amended to read as follows:
§ 222.60 Criminal sale of cannabis in the first degree.
A person is guilty of criminal sale of cannabis in the first degree
when:
1. he or she knowingly and unlawfully sells more than five pounds of
cannabis or more than two pounds of concentrated cannabis; OR
2. ANY PERSON, WHILE EMPLOYED OR OPERATING A COMMERCIAL ESTABLISHMENT,
STORE, CLUB, OR FACILITY, WHO KNOWINGLY AND UNLAWFULLY SELLS, TRANSFERS,
GIFTS OR TRADES CANNABIS WITHOUT AN APPROPRIATE LICENSE OR AUTHORITY
UNDER THE CANNABIS LAW. ANY PERSON CONVICTED UNDER THIS SUBDIVISION
SHALL ACT TO PRECLUDE SUCH PERSON FROM SEEKING, QUALIFYING OR RECEIVING
ANY PERMIT, LICENSE OR AUTHORITY TO PERFORM ANY ACTIVITIES UNDER THE
CANNABIS LAW.
Criminal sale of cannabis in the first degree is a class D felony.
§ 4. Section 132 of the cannabis law is amended to read as follows:
§ 132. Penalties for violation of this chapter. 1. Any person who
cultivates for sale or sells cannabis, cannabis products, or medical
cannabis without having an appropriate registration, license or permit
therefor, or whose registration, license, or permit has been revoked,
surrendered or cancelled, may be subject to prosecution in accordance
with article two hundred twenty-two of the penal law.
2. ANY COMMERCIAL ESTABLISHMENT, STORE, CLUB, OR FACILITY, THAT KNOW-
INGLY AND UNLAWFULLY SELLS, TRANSFERS, GIFTS OR TRADES ANY AMOUNT OF
CANNABIS WITHOUT AN APPROPRIATE LICENSE OR AUTHORITY UNDER THIS CHAPTER
SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND
DOLLARS FOR A FIRST VIOLATION; NOT MORE THAN TWENTY-FIVE THOUSAND
DOLLARS FOR A SECOND VIOLATION; AND NOT MORE THAN FIFTY THOUSAND DOLLARS
FOR A THIRD VIOLATION AND EACH SUBSEQUENT VIOLATION THEREAFTER. THE
CIVIL PENALTY SHALL BE PAYABLE TO THE OFFICE OF CANNABIS MANAGEMENT, WHO
SHALL BE REQUIRED TO REMIT SUCH PAYMENTS TO THE COUNTY IN WHICH THE
VIOLATING ESTABLISHMENT IS LOCATED.
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3. Any registered organization or licensee, who has received notifica-
tion of a registration or license suspension pursuant to the provisions
of this chapter, who sells cannabis, cannabis products, medical cannabis
or cannabinoid hemp or hemp extract during the suspension period, shall
be subject to prosecution as provided in article two hundred twenty-two
of the penal law, and upon conviction thereof under this section may be
subject to a civil penalty of not more than five thousand dollars.
[3.] 4. Any person who shall knowingly make any materially false
statement in the application for a registration, license or a permit
under this chapter may be subject to license or registration suspension,
revocation, or denial subject to the board, and may be subject to a
civil penalty of not more than two thousand dollars.
[4.] 5. Any person under the age of twenty-one found to be in
possession of cannabis or cannabis products who is not a certified
patient pursuant to article three of this chapter shall be in violation
of this chapter and shall be subject to the following penalty:
(a) (i) The person shall be subject to a civil penalty of not more
than fifty dollars. The civil penalty shall be payable to the office of
cannabis management.
(ii) Any identifying information provided by the enforcement agency
for the purpose of facilitating payment of the civil penalty shall not
be shared or disclosed under any circumstances with any other agency or
law enforcement division.
(b) The person shall, upon payment of the required civil penalty, be
provided with information related to the dangers of underage use of
cannabis and information related to cannabis use disorder by the office.
(c) The issuance and subsequent payment of such civil penalty shall in
no way qualify as a criminal accusation, admission of guilt, or a crimi-
nal 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.
[5.] 6. 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.
[6.] 7. After due notice and opportunity to be heard, as established
by rules and regulations, nothing in this section shall prohibit the
board from suspending, revoking, or denying a license, permit, registra-
tion, or application in addition to the penalties prescribed in this
section.
§ 5. This act shall take effect immediately.