STATE OF NEW YORK ________________________________________________________________________ 4220 2023-2024 Regular Sessions IN ASSEMBLY February 13, 2023 ___________ Introduced by M. of A. PALMESANO, ANGELINO, K. BROWN, BYRNES, FRIEND, GALLAHAN, McDONOUGH, MIKULIN -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law and the cannabis law, in relation to including certain acts and subsequent penalties in the criminal sale of cannabis The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 222.50 of the penal law, as added by chapter 92 of 2 the laws of 2021, is amended to read as follows: 3 § 222.50 Criminal sale of cannabis in the third degree. 4 A person is guilty of criminal sale of cannabis in the third degree 5 when: 6 1. he or she knowingly and unlawfully sells more than three ounces of 7 cannabis or more than twenty-four grams of concentrated cannabis; or 8 2. being twenty-one years of age or older, he or she knowingly and 9 unlawfully sells or gives, or causes to be given or sold, cannabis or 10 concentrated cannabis to a person less than twenty-one years of age; 11 except that in any prosecution under this subdivision, it is a defense 12 that the defendant was less than three years older than the person under 13 the age of twenty-one at the time of the offense. This subdivision shall 14 not apply to designated caregivers, practitioners, employees of a regis- 15 tered organization or employees of a designated caregiver facility 16 acting in compliance with article three of the cannabis law[.]; or 17 3. any person, while employed or operating a commercial establishment, 18 store, club, or facility, who knowingly and unlawfully sells, transfers, 19 gifts or trades cannabis without an appropriate license or authority 20 under the cannabis law. Any person convicted under this subdivision 21 shall act to preclude such person from seeking, qualifying or receiving 22 any permit, license or authority to perform any activities under the 23 cannabis law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05444-01-3
A. 4220 2 1 Criminal sale of cannabis in the third degree is a class A misdemea- 2 nor. 3 § 2. Section 222.55 of the penal law, as added by chapter 92 of the 4 laws of 2021, is amended to read as follows: 5 § 222.55 Criminal sale of cannabis in the second degree. 6 A person is guilty of criminal sale of cannabis in the second degree 7 when: 8 1. he or she knowingly and unlawfully sells more than sixteen ounces 9 of cannabis or more than five ounces of concentrated cannabis; or 10 2. being twenty-one years of age or older, he or she knowingly and 11 unlawfully sells or gives, or causes to be given or sold, more than 12 three ounces of cannabis or more than twenty-four grams of concentrated 13 cannabis to a person less than eighteen years of age. This subdivision 14 shall not apply to designated caregivers, practitioners, employees of a 15 registered organization or employees of a designated caregiver facility 16 acting in compliance with article three of the cannabis law[.]; or 17 3. any person, while employed or operating a commercial establishment, 18 store, club, or facility, who knowingly and unlawfully sells, transfers, 19 gifts or trades cannabis without an appropriate license or authority 20 under the cannabis law. Any person convicted under this subdivision 21 shall act to preclude such person from seeking, qualifying or receiving 22 any permit, license or authority to perform any activities under the 23 cannabis law. 24 Criminal sale of cannabis in the second degree is a class E felony. 25 § 3. Section 222.60 of the penal law, as added by chapter 92 of the 26 laws of 2021, is amended to read as follows: 27 § 222.60 Criminal sale of cannabis in the first degree. 28 A person is guilty of criminal sale of cannabis in the first degree 29 when: 30 1. he or she knowingly and unlawfully sells more than five pounds of 31 cannabis or more than two pounds of concentrated cannabis; or 32 2. any person, while employed or operating a commercial establishment, 33 store, club, or facility, who knowingly and unlawfully sells, transfers, 34 gifts or trades cannabis without an appropriate license or authority 35 under the cannabis law. Any person convicted under this subdivision 36 shall act to preclude such person from seeking, qualifying or receiving 37 any permit, license or authority to perform any activities under the 38 cannabis law. 39 Criminal sale of cannabis in the first degree is a class D felony. 40 § 4. Section 132 of the cannabis law is amended to read as follows: 41 § 132. Penalties for violation of this chapter. 1. Any person who 42 cultivates for sale or sells cannabis, cannabis products, or medical 43 cannabis without having an appropriate registration, license or permit 44 therefor, or whose registration, license, or permit has been revoked, 45 surrendered or cancelled, may be subject to prosecution in accordance 46 with article two hundred twenty-two of the penal law. 47 2. Any commercial establishment, store, club, or facility, that know- 48 ingly and unlawfully sells, transfers, gifts or trades any amount of 49 cannabis without an appropriate license or authority under this chapter 50 shall be subject to a civil penalty of not more than ten thousand 51 dollars for a first violation; not more than twenty-five thousand 52 dollars for a second violation; and not more than fifty thousand dollars 53 for a third violation and each subsequent violation thereafter. The 54 civil penalty shall be payable to the office of cannabis management, who 55 shall be required to remit such payments to the county in which the 56 violating establishment is located.
A. 4220 3 1 3. Any registered organization or licensee, who has received notifica- 2 tion of a registration or license suspension pursuant to the provisions 3 of this chapter, who sells cannabis, cannabis products, medical cannabis 4 or cannabinoid hemp or hemp extract during the suspension period, shall 5 be subject to prosecution as provided in article two hundred twenty-two 6 of the penal law, and upon conviction thereof under this section may be 7 subject to a civil penalty of not more than five thousand dollars. 8 [3.] 4. Any person who shall knowingly make any materially false 9 statement in the application for a registration, license or a permit 10 under this chapter may be subject to license or registration suspension, 11 revocation, or denial subject to the board, and may be subject to a 12 civil penalty of not more than two thousand dollars. 13 [4.] 5. Any person under the age of twenty-one found to be in 14 possession of cannabis or cannabis products who is not a certified 15 patient pursuant to article three of this chapter shall be in violation 16 of this chapter and shall be subject to the following penalty: 17 (a) (i) The person shall be subject to a civil penalty of not more 18 than fifty dollars. The civil penalty shall be payable to the office of 19 cannabis management. 20 (ii) Any identifying information provided by the enforcement agency 21 for the purpose of facilitating payment of the civil penalty shall not 22 be shared or disclosed under any circumstances with any other agency or 23 law enforcement division. 24 (b) The person shall, upon payment of the required civil penalty, be 25 provided with information related to the dangers of underage use of 26 cannabis and information related to cannabis use disorder by the office. 27 (c) The issuance and subsequent payment of such civil penalty shall in 28 no way qualify as a criminal accusation, admission of guilt, or a crimi- 29 nal conviction and shall in no way operate as a disqualification of any 30 such person from holding public office, attaining public employment, or 31 as a forfeiture of any right or privilege. 32 [5.] 6. Cannabis recovered from individuals who are found to be in 33 violation of this chapter may after notice and opportunity for a hearing 34 be considered a nuisance and shall be disposed of or destroyed. 35 [6.] 7. After due notice and opportunity to be heard, as established 36 by rules and regulations, nothing in this section shall prohibit the 37 board from suspending, revoking, or denying a license, permit, registra- 38 tion, or application in addition to the penalties prescribed in this 39 section. 40 § 5. This act shall take effect immediately.