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.