Senate Bill S8332

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8332
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 3, 2025
                                ___________
 
 Introduced  by  Sen. C. RYAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the cannabis law, in relation  to  enacting  the  "small
   cannabis  farmer  relief  act";  and  providing for the repeal of such
   provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "small cannabis farmer relief act".
   § 2. The cannabis law is amended by adding a new section 68-c to  read
 as follows:
   § 68-C. LIMITED CANOPY EXPANSION. 1. FOR THE PURPOSES OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "CANOPY"  OR "CULTIVATION CANOPY" SHALL MEAN AN AREA TO BE CALCU-
 LATED IN SQUARE FEET AND MEASURED USING CLEARLY IDENTIFIABLE  BOUNDARIES
 OF  ALL  AREAS  THAT  WILL  CONTAIN NON-IMMATURE CANNABIS, INCLUDING THE
 SPACES WITHIN THE BOUNDARIES. CANOPY  MAY  BE  NONCONTIGUOUS,  BUT  EACH
 UNIQUE AREA INCLUDED IN THE TOTAL CANOPY CALCULATIONS SHALL BE SEPARATED
 BY  AN  IDENTIFIABLE  BOUNDARY,  INCLUDING, BUT NOT LIMITED TO, INTERIOR
 WALLS, SHELVES, GREENHOUSE WALLS,  HOOP  HOUSE  WALLS,  GARDEN  BENCHES,
 HEDGE  ROWS,  FENCING,  GARDEN  BEDS,  OR  GARDEN PLOTS. CANOPY DOES NOT
 INCLUDE AREAS USED FOR SEEDLING PRODUCTION, PROPAGATION OF CLONES, MAIN-
 TENANCE OF MOTHER PLANTS USED FOR CLONING, OR NURSERY AREA.
   (B) "GREENHOUSE" SHALL MEAN A STRUCTURE OR THERMALLY ISOLATED ENCLOSED
 AREA WITH RIGID WALLS  THAT  MAINTAINS  A  SPECIALIZED  CONDITIONED  AND
 SUNLIT   ENVIRONMENT   USED   FOR  AND  ESSENTIAL  TO  THE  CULTIVATION,
 PROTECTION, OR MAINTENANCE OF PLANTS. A  GREENHOUSE  MAY  INCLUDE  ADDI-
 TIONAL  ARTIFICIAL  LIGHTING  AND  CLIMATE CONTROLS BASED ON CULTIVATION
 TECHNIQUES USED.
   (C) "HOOP HOUSE" SHALL  MEAN  SPECIALIZED  UNCONDITIONED  AGRICULTURAL
 EQUIPMENT  HAVING A FRAMEWORK COVERED WITH DEMOUNTABLE NON-RIGID MATERI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13306-01-5
              

 S. 8332                             2
 
 ALS UNSEALED FROM THE OUTDOOR ELEMENTS, WHICH ALLOWS FOR PENETRATION  OF
 SUNLIGHT  TO  CANNABIS  PLANTS,  SPECIFICALLY DESIGNED, CONSTRUCTED, AND
 USED FOR AGRICULTURAL PRODUCTION. A HOOP HOUSE MAY INCLUDE UP TO  TWENTY
 ARTIFICIAL  LIGHTS  FOR  THE  PROPAGATION  OF  SEEDLINGS OR CLONES. SUCH
 LIGHTS SHALL MEET PHOTOSYNTHETIC PHOTON EFFICACY REQUIREMENTS AS  DETER-
 MINED BY THE OFFICE.
   (D)  "IMMATURE CANNABIS PLANT" OR "IMMATURE PLANT" SHALL MEAN A CANNA-
 BIS PLANT WHICH DOES NOT HAVE A FLOWER OR BUDS THAT MAY BE  OBSERVED  BY
 VISUAL EXAMINATION.
   (E) "MOTHER PLANT" SHALL MEAN AN IMMATURE CANNABIS PLANT THAT IS MAIN-
 TAINED  IN  AN  IMMATURE  STATE INDEFINITELY AND INTENDED TO BE USED FOR
 PROPAGATION.
   (F) "NURSERY AREA" SHALL MEAN AN AREA TO BE CALCULATED IN SQUARE  FEET
 AND  MEASURED  USING  CLEARLY  IDENTIFIABLE BOUNDARIES OF ALL AREAS THAT
 WILL BE USED TO PRODUCE CLONES,  SEEDLINGS,  IMMATURE  CANNABIS  PLANTS,
 CLONED  PROPAGATION MATERIAL, TISSUE CULTURE AND CANNABIS SEEDS, INCLUD-
 ING THE SPACES WITHIN THE BOUNDARIES. PROVIDED THAT THE PRIMARY  PURPOSE
 OF  THE  AREA IS TO PRODUCE CLONES, SEEDLINGS, IMMATURE CANNABIS PLANTS,
 CLONED PROPAGATION MATERIAL, TISSUE CULTURE OR CANNABIS SEEDS, A NURSERY
 AREA MAY ALSO CONTAIN MATURE AND IMMATURE  CANNABIS  PLANTS.  A  NURSERY
 AREA  MAY  BE  NONCONTIGUOUS, BUT EACH UNIQUE AREA INCLUDED IN THE TOTAL
 AREA CALCULATIONS  SHALL  BE  SEPARATED  BY  AN  IDENTIFIABLE  BOUNDARY,
 INCLUDING,  BUT  NOT  LIMITED  TO,  INTERIOR  WALLS, SHELVES, GREENHOUSE
 WALLS, HOOP HOUSE WALLS, GARDEN BENCHES,  HEDGE  ROWS,  FENCING,  GARDEN
 BEDS, OR GARDEN PLOTS.
   (G)  "PHOTOSYNTHETIC PHOTON EFFICACY" SHALL MEAN THE MEASURE OF PHOTON
 OUTPUT IN MICROMOLES PER SECOND DIVIDED BY THE WATTS NEEDED  TO  PRODUCE
 THE LIGHT.
   2.  (A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, ANY
 LICENSEE WHO QUALIFIES AS  A  DISTRESSED  FARMER  LICENSEE  AND  LEGALLY
 CULTIVATED  CANNABIS  DURING THE TWO THOUSAND TWENTY-TWO OR TWO THOUSAND
 TWENTY-THREE CALENDAR YEAR SHALL BE ELIGIBLE TO APPLY  TO  EXPAND  THEIR
 CANOPY AS PROVIDED IN THIS SUBDIVISION.
   (B)  SUCH  ELIGIBLE  LICENSEES  MAY  APPLY  TO  THE  OFFICE, IN A FORM
 PRESCRIBED BY THE OFFICE, TO EXPAND  THEIR  CANOPY.  ELIGIBLE  LICENSEES
 MAKING  SUCH  AN  APPLICATION  TO  THE  OFFICE  SHALL ALSO SUBMIT TO THE
 OFFICE, IN A  FORM  PRESCRIBED  BY  THE  OFFICE,  VERIFICATION  OF  SUCH
 LICENSEE'S  CANOPY CULTIVATED IN TWO THOUSAND TWENTY-TWO OR TWO THOUSAND
 TWENTY-THREE.  DENIALS OF APPLICATIONS MADE PURSUANT TO  THIS  PARAGRAPH
 MAY BE APPEALED TO THE CANNABIS CONTROL BOARD.
   (C)  UPON APPROVAL OF SUCH APPLICATION, A LICENSEE SHALL BE AUTHORIZED
 TO EXPAND THEIR CULTIVATION CANOPY TO UP TO  TWICE  THE  MAXIMUM  SQUARE
 FOOTAGE  CULTIVATED  IN  TWO THOUSAND TWENTY-TWO OR TWO THOUSAND TWENTY-
 THREE; PROVIDED, HOWEVER, THAT (I) A LICENSEE WHO CULTIVATED UP TO TWEN-
 TY-FIVE THOUSAND SQUARE FEET OF MIXED LIGHT CANOPY IN EITHER  TWO  THOU-
 SAND  TWENTY-TWO  OR  TWO  THOUSAND  TWENTY-THREE  MAY ADD AN EQUIVALENT
 AMOUNT OF ADDITIONAL CANOPY TO THEIR LICENSED CANOPY  PURSUANT  TO  THIS
 SUBDIVISION;  AND  (II)  A  LICENSEE  WHO  CULTIVATED  UP TO ONE ACRE OF
 OUTDOOR CANOPY IN EITHER TWO THOUSAND TWENTY-TWO OR TWO  THOUSAND  TWEN-
 TY-THREE  MAY  ADD  AN  EQUIVALENT  AMOUNT OF ADDITIONAL CANOPY TO THEIR
 LICENSED CANOPY PURSUANT TO THIS  SUBDIVISION;  AND  PROVIDED,  FURTHER,
 HOWEVER,  THAT  THE  EXPANDED  AREA OF ANY LICENSEE SHALL NOT EXCEED THE
 CANOPY MAXIMUM ESTABLISHED BY THE OFFICE FOR SUCH  LICENSEE'S  ADULT-USE
 CULTIVATOR LICENSE.
 S. 8332                             3
 
   (D) NO ADDITIONAL FEES SHALL BE ASSESSED FOR CANOPY EXPANSIONS AUTHOR-
 IZED  PURSUANT  TO  THIS SUBDIVISION, INCLUDING STANDARD LICENSE RENEWAL
 FEES.
   (E)  A  MICROBUSINESS  LICENSEE  WHO  QUALIFIES AS A DISTRESSED FARMER
 LICENSEE SHALL ALSO BE ELIGIBLE TO APPLY FOR CANOPY  EXPANSION  PURSUANT
 TO THIS SUBDIVISION.
   3.  NOTWITHSTANDING  ANY PROVISIONS OF THIS SECTION, NO LICENSEE SHALL
 BE AUTHORIZED TO EXPAND THEIR CANOPY BEYOND THE CANOPY  MAXIMUMS  ESTAB-
 LISHED BY THE OFFICE FOR SUCH LICENSEE'S ADULT-USE CULTIVATOR LICENSE.
   4.  EXPANSIONS  MADE  PURSUANT TO THIS SECTION SHALL REMAIN SUBJECT TO
 COMPLIANCE WITH ALL  APPLICABLE  ENVIRONMENTAL,  SECURITY,  AND  TESTING
 REGULATIONS.
   § 3. This act shall take effect immediately and shall expire on Decem-
 ber  31,  2028,  when upon such date the provisions of this act shall be
 deemed repealed.