Assembly Bill A5802

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5802
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced by M. of A. GIGLIO -- read once and referred to the Committee
   on Economic Development
 
 AN  ACT  to  amend  the  cannabis law, in relation to warnings on retail
   packaging of adult-use cannabis products; and to amend the penal  law,
   in relation to criminalizing certain violations of restrictions on the
   sale of adult-use cannabis

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2, 3 and 7 of section 81 of the  cannabis  law
 are amended to read as follows:
   2.  Such  regulations  shall include, but not be limited to, requiring
 that:
   (a) packaging meets OR EXCEEDS requirements  similar  to  the  federal
 "poison prevention packaging act of 1970," 15 U.S.C. Sec 1471 et seq.;
   (b)  prior  to  delivery  or sale at a retailer, cannabis and cannabis
 products shall be labeled according  to  regulations  and  placed  in  a
 resealable,  child-resistant package ACCOMPANIED BY CONSPICUOUS WARNINGS
 IN LARGE, BOLD-FACE, LEGIBLE, UNOBSCURED,  AND  VISIBLE  FONT  CONTAINED
 EITHER  ON  THE  RETAIL  PACKAGING, OR IF A MARKETING LAYER IS USED, THE
 MARKETING LAYER; AND THE MAJORITY OF SAID PACKAGE SHALL DEPICT  THAT  IT
 IS  A  CANNABIS  PRODUCT,  INCLUDING  UNCONVENTIONAL METHODS OF ADMINIS-
 TRATION OR INGESTION OR EDIBLE CONSUMPTION OF CANNABIS PRODUCTS; and
   (c) packages, labels, shapes and products shall  not  be  made  to  be
 attractive to or target persons under the age of twenty-one.
   3.  Such  regulations shall include requiring labels warning consumers
 of any potential impact on human health resulting from  the  consumption
 of  cannabis products that shall be affixed to those products when sold,
 if such labels are deemed warranted  by  the  board  and  may  establish
 standardized  and/or  uniform  packaging  and  labeling requirements for
 adult-use products. ALL LABELS SHALL BE REQUIRED TO  WARN  CONSUMERS  TO

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04399-01-5
 A. 5802                             2
              

 
 KEEP  SAID  CANNABIS PRODUCTS OUT OF REACH OF CHILDREN AND THAT THEY ARE
 FOR USE BY PERSONS TWENTY-ONE YEARS OF AGE AND OLDER.
   7.  The packaging, sale, marketing, branding, advertising, labeling or
 possession by any licensee  of  any  cannabis  product  not  labeled  or
 offered  in conformity with rules and regulations promulgated in accord-
 ance with this section shall be  grounds  for  CRIMINAL  PROSECUTION  AS
 PROVIDED IN ARTICLE TWO HUNDRED TWENTY-TWO OF THE PENAL LAW, IN ADDITION
 TO  the  imposition  of  a  fine,  and/or  the suspension, revocation or
 cancellation of a license in accordance  with  the  provisions  of  this
 chapter.
   §  2.  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  [he  or  she] SUCH PERSON knowingly and unlawfully sells more than
 five pounds  of  cannabis  or  more  than  two  pounds  of  concentrated
 cannabis,  OR ADVERTISES, DECEPTIVELY ADVERTISES, BRANDS, MARKETS, PACK-
 AGES, DISPLAYS, LABELS, OFFERS FOR INGESTION OUTSIDE  OF  PACKAGING,  OR
 ADMINISTERS  CANNABIS  PRODUCTS,  INCLUDING  UNCONVENTIONAL  METHODS  OF
 ADMINISTRATION OR INGESTION OR EDIBLE CONSUMPTION OF CANNABIS  PRODUCTS,
 IN  CONTRAVENTION OF SECTION EIGHTY-ONE OF THE CANNABIS LAW OR RULES AND
 REGULATIONS PROMULGATED BY THE NEW YORK STATE CANNABIS CONTROL BOARD  OR
 OFFICE OF CANNABIS MANAGEMENT.
   Criminal sale of cannabis in the first degree is a class D felony.
   § 3. This act shall take effect immediately.