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This entry was published on 2021-04-09
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Penalties for violation of this chapter
§ 132. Penalties for violation of this chapter. 1. Any person who
cultivates for sale or sells cannabis, cannabis products, or medical
cannabis without having an appropriate registration, license or permit
therefor, or whose registration, license, or permit has been revoked,
surrendered or cancelled, may be subject to prosecution in accordance
with article two hundred twenty-two of the penal law.

2. Any registered organization or licensee, who has received
notification of a registration or license suspension pursuant to the
provisions of this chapter, who sells cannabis, cannabis products,
medical cannabis or cannabinoid hemp or hemp extract during the
suspension period, shall be subject to prosecution as provided in
article two hundred twenty-two of the penal law, and upon conviction
thereof under this section may be subject to a civil penalty of not more
than five thousand dollars.

3. Any person who shall knowingly make any materially false statement
in the application for a registration, license or a permit under this
chapter may be subject to license or registration suspension,
revocation, or denial subject to the board, and may be subject to a
civil penalty of not more than two thousand dollars.

4. Any person under the age of twenty-one found to be in possession of
cannabis or cannabis products who is not a certified patient pursuant to
article three of this chapter shall be in violation of this chapter and
shall be subject to the following penalty:

(a) (i) The person shall be subject to a civil penalty of not more
than fifty dollars. The civil penalty shall be payable to the office of
cannabis management.

(ii) Any identifying information provided by the enforcement agency
for the purpose of facilitating payment of the civil penalty shall not
be shared or disclosed under any circumstances with any other agency or
law enforcement division.

(b) The person shall, upon payment of the required civil penalty, be
provided with information related to the dangers of underage use of
cannabis and information related to cannabis use disorder by the office.

(c) The issuance and subsequent payment of such civil penalty shall in
no way qualify as a criminal accusation, admission of guilt, or a
criminal conviction and shall in no way operate as a disqualification of
any such person from holding public office, attaining public employment,
or as a forfeiture of any right or privilege.

5. Cannabis recovered from individuals who are found to be in
violation of this chapter may after notice and opportunity for a hearing
be considered a nuisance and shall be disposed of or destroyed.

6. After due notice and opportunity to be heard, as established by
rules and regulations, nothing in this section shall prohibit the board
from suspending, revoking, or denying a license, permit, registration,
or application in addition to the penalties prescribed in this section.