S T A T E O F N E W Y O R K
________________________________________________________________________
3141
2025-2026 Regular Sessions
I N S E N A T E
January 23, 2025
___________
Introduced by Sens. COONEY, BAILEY -- read twice and ordered printed,
and when printed to be committed to the Committee on Budget and Reven-
ue
AN ACT to amend the tax law, in relation to exempting certain property
and services used in the cultivation of cannabis for adult-use from
sales and compensating use taxes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 6 of subdivision (a) of section 1115 of the tax
law, as amended by section 5 of part B of chapter 63 of the laws of
2000, is amended to read as follows:
(6) (A) Tangible personal property, whether or not incorporated in a
building or structure, for use or consumption predominantly [either] in
the production for sale of tangible personal property by farming [or],
in a commercial horse boarding operation, or [in both] IN THE CULTI-
VATION OF CANNABIS FOR ADULT-USE PURSUANT TO AN ADULT-USE CULTIVATOR
LICENSE, AN ADULT-USE COOPERATIVE LICENSE, OR A MICROBUSINESS LICENSE
PURSUANT TO ARTICLE FOUR OF THE CANNABIS LAW.
(B) With respect to the exemption of motor vehicles under this para-
graph, (i) use of a motor vehicle [either] in the production phase of
farming [or], in a commercial horse boarding operation, or [in both,] IN
THE CULTIVATION OF CANNABIS FOR ADULT-USE PURSUANT TO AN ADULT-USE
CULTIVATOR LICENSE, AN ADULT-USE COOPERATIVE LICENSE, OR A MICROBUSINESS
LICENSE PURSUANT TO ARTICLE FOUR OF THE CANNABIS LAW shall be defined as
any use of the motor vehicle on property [either] farmed [or], used in a
commercial horse boarding operation, or [both] USED IN THE CULTIVATION
OF CANNABIS FOR ADULT-USE PURSUANT TO AN ADULT-USE CULTIVATOR LICENSE,
AN ADULT-USE COOPERATIVE LICENSE, OR A MICROBUSINESS LICENSE PURSUANT TO
ARTICLE FOUR OF THE CANNABIS LAW, by the motor vehicle purchaser or user
or in direct and uninterrupted trips between properties farmed or used
in such operation[, or both,] OR CULTIVATION by the motor vehicle
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00457-01-5
S. 3141 2
purchaser or user, and (ii) "predominantly" shall mean that more than
fifty percent of the motor vehicle's use is either in the production
phase of farming [or], in a commercial horse boarding operation, or in
[both] THE CULTIVATION OF CANNABIS FOR ADULT-USE PURSUANT TO AN ADULT-
USE CULTIVATOR LICENSE, AN ADULT-USE COOPERATIVE LICENSE, OR A MICRO-
BUSINESS LICENSE PURSUANT TO ARTICLE FOUR OF THE CANNABIS LAW. The
percentage of such vehicle's use [either] in the production phase of
farming [or], in a commercial horse boarding operation, or in [both] THE
CULTIVATION OF CANNABIS FOR ADULT-USE PURSUANT TO AN ADULT-USE CULTIVA-
TOR LICENSE, AN ADULT-USE COOPERATIVE LICENSE, OR A MICROBUSINESS
LICENSE PURSUANT TO ARTICLE FOUR OF THE CANNABIS LAW, may be computed
either on the basis of mileage or hours of use, at the discretion of the
motor vehicle purchaser or user. A person may purchase a motor vehicle
qualifying for exemption under this paragraph without payment of tax
imposed by section eleven hundred five or eleven hundred ten of this
article by furnishing the vendor a properly completed exemption certif-
icate promulgated by the commissioner; and such purchaser may register
such vehicle or apply for a certificate of title for such vehicle with
the commissioner of motor vehicles or a county clerk, without payment of
such taxes, by furnishing such a properly completed certificate to such
commissioner or clerk.
§ 2. This act shall take effect immediately.