Senate Bill S1488

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1488
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2025
                                ___________
 
 Introduced  by Sens. O'MARA, BORRELLO -- 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
   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] SUCH PERSON 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] SUCH PERSON
 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  registered  organization  or employees of a designated
 caregiver facility acting in compliance with article three of the canna-
 bis 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01895-01-5
 S. 1488                             2
              

 
 ANY  PERMIT,  LICENSE  OR  AUTHORITY TO PERFORM ANY ACTIVITIES UNDER THE
 CANNABIS LAW.
   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] SUCH PERSON 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]  SUCH  PERSON
 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 canna-
 bis 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 [he or she]:
   1. SUCH PERSON 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 by adding a new subdi-
 vision 1-b to read as follows:
   1-B. ANY COMMERCIAL ESTABLISHMENT,  STORE,  CLUB,  OR  FACILITY,  THAT
 KNOWINGLY 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.
   § 5. This act shall take effect immediately.