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This entry was published on 2022-04-08
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SECTION 496-C
Illicit cannabis penalty
Tax (TAX) CHAPTER 60, ARTICLE 20-C
§ 496-c. Illicit cannabis penalty. (a) In addition to any other civil
or criminal penalties that may apply, any person knowingly in possession
of or knowingly having control over illicit cannabis, as defined in
section four hundred ninety-two of this article, after notice and an
opportunity for a hearing, shall be liable for a civil penalty of not
less than two hundred dollars per ounce of illicit cannabis flower, five
dollars per milligram of the total weight of any illicit cannabis edible
product, fifty dollars per gram of the total weight of any product
containing illicit cannabis concentrate, and five hundred dollars per
illicit cannabis plant, but not to exceed four hundred dollars per ounce
of illicit cannabis flower, ten dollars per milligram of the total
weight of any illicit cannabis edible product, one hundred dollars per
gram of the total weight of any product containing illicit cannabis
concentrate, and one thousand dollars per illicit cannabis plant for a
first violation, and for a second and subsequent violation within three
years following a prior violation shall be liable for a civil penalty of
not less than four hundred dollars per ounce of illicit cannabis flower,
ten dollars per milligram of the total weight of any illicit cannabis
edible product, one hundred dollars per gram of the total weight of any
product containing illicit cannabis concentrate, and one thousand
dollars per illicit cannabis plant, but not to exceed five hundred
dollars per ounce of illicit cannabis flower, twenty dollars per
milligram of the total weight of any illicit cannabis edible product,
two hundred dollars per gram of the total weight of any product
containing illicit cannabis concentrate, and two thousand dollars per
illicit cannabis plant.

(b) No enforcement action taken under this section shall be construed
to limit any other criminal or civil liability of anyone in possession
of illicit cannabis.

(c) The penalty imposed by this section shall not apply to persons
lawfully in possession of less than two ounces of adult-use cannabis or
ten grams of concentrated cannabis in accordance with the cannabis law
or penal law.