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This entry was published on 2024-04-28
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SECTION 16
Violations of cannabis laws or regulations; penalties and injunctions
Cannabis (CAN) CHAPTER 7-A, ARTICLE 2
³ 16. Violations of cannabis laws or regulations; penalties and
injunctions. 1. Any person who violates, disobeys or disregards any term
or provision of this chapter or of any lawful notice, order or
regulation pursuant thereto for which a civil penalty is not otherwise
expressly prescribed in this chapter by law, may be liable to the people
of the state for a civil penalty of not to exceed five thousand dollars
for each such violation or subsequent violation. In assessing the civil
penalty under this subdivision, the board or office, as may be
applicable shall take into consideration the nature of such violation
and shall assess a penalty that is proportionate to the violation.

2. The penalty provided for in subdivision one of this section may be
recovered by an action or proceeding in a court of competent
jurisdiction brought by the board or the office, as may be applicable,
or by the attorney general at the request of the board or the office.

3. Such civil penalty may be released or compromised by the board or
the office, as may be applicable, before the matter has been referred to
the attorney general, and where such matter has been referred to the
attorney general, any such penalty may be released or compromised and
any action or proceeding commenced to recover the same may be settled
and discontinued by the attorney general with the consent of the board.

4. It shall be the duty of the attorney general upon the request of
the board or office, as may be applicable, to bring an action or
proceeding against any person who violates, disobeys or disregards any
term or provision of this chapter or of any lawful notice, order or
regulation pursuant thereto for any relief authorized under this
chapter, including equitable and/or injunctive relief and the recovery
of civil penalties; provided, however, that the board or executive
director shall furnish the attorney general with such material,
evidentiary matter or proof as may be requested by the attorney general
for the prosecution of such an action or proceeding.

5. It is the purpose of this section to provide additional and
cumulative remedies, and nothing herein contained shall abridge or alter
rights of action or remedies now or hereafter existing, nor shall any
provision of this section, nor any action done by virtue of this
section, be construed as estopping the state, persons or municipalities
in the exercising of their respective rights.

6. The board or the office, as may be applicable, shall forward any
final findings of a violation under this chapter to any other statewide
licensing agency where such findings were entered against a business
holding any other such license, for any such other licensing agency to
review the findings to determine if there has been a violation of any
such license issued by such agency.

7. Any request for a temporary closing order or a temporary
restraining order to be issued without notice in connection with an
action or proceeding brought pursuant to this section or section
sixteen-a of this article or section one hundred thirty-eight-a of this
chapter may be filed under temporary seal pending order of the court
granting or refusing a preliminary injunction and until further order of
the court, and the clerk shall provide a sealed index number upon
request of the office or the attorney general. If temporary sealing
cannot be implemented via the court's electronic filing system, such
action or proceeding shall be permitted by the court to be filed through
hard copy.