Senate Bill S9924

                                 
BILL NUMBER: S9924

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the cannabis law, in relation to enforcement actions by
the office of cannabis management

 
PURPOSE:

The purpose of this bill is to clarify and strengthen the enforcement
authority of the Office of Cannabis Management by expressly authorizing
reasonable administrative searches and seizures where probable cause of
unlawful cannabis related conduct exists.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 2 of section 138-a of the
cannabis law, by allowing that upon receiving information establishing
probable cause of unlawful conduct, the Office of Cannabis Management
may conduct reasonable searches and seize cannabis, cannabis products,
cannabinoid hemp or hemp extract products, or products marketed or
              

labeled as such.

Such authority extends to items found in the possession of a person
engaged in unlawful conduct and at their place of business, including
vehicles used for such business. The bill specifies that such searches
must be conducted in a reasonable manner, administrative in nature,
designed to detect administrative violations in furtherance of the
state's regulatory scheme, and structured to ensure certainty and regu-
larity of application.

Section two provides the effective date.

 
JUSTIFICATION:

New York's regulated cannabis market depends on fair enforcement and
consistent oversight to protect licensed businesses, consumers, and
public safety. Illegal and unlicensed operators undermine compliant
businesses, evade regulatory requirements, and may sell untested or
mislabeled products. This legislation clarifies the scope of the Office
of Cannabis Management's authority to conduct administrative inspections
and seize unlawful products when probable cause exists, while also
requiring that such actions be carried out reasonably and within the
bounds of the regulatory framework. Clear statutory authority will
strengthen enforcement efforts and support the integrity of the legal
marketplace.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

This bill will have minimal fiscal impact on the State and local govern-
ments. Any costs associated with enforcement activities are expected to
be minimal and absorbable within existing agency resources.

 
EFFECTIVE DATE:
This act shall take effect immediately.