Bill Text: NY A03281 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes additional penalties for firms, partnerships, associations, corporations, and retailers for conducting unlawful cannabis business.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2024-01-03 - referred to economic development [A03281 Detail]

Download: New_York-2023-A03281-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3281

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by  M.  of  A.  PAULIN, ZEBROWSKI, THIELE, SIMON, SEAWRIGHT,
          BUTTENSCHON,  CONRAD,  FAHY,  GUNTHER,  MAGNARELLI,  McMAHON,   STERN,
          STIRPE, WALLACE, WOERNER -- read once and referred to the Committee on
          Economic Development

        AN ACT to amend the cannabis law, in relation to establishing additional
          penalties for the unlawful 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 132 of the cannabis law is amended by adding a  new
     2  subdivision 7 to read as follows:
     3    7.  (a)  In addition to any other civil or criminal penalties that may
     4  apply, any firm, partnership, association, corporation, or retailer,  as
     5  defined  in  section  three  of this chapter, doing business as a retail
     6  dispensary without a proper license or while under suspension or revoca-
     7  tion, or in violation of an  order  directing  cessation  of  unlicensed
     8  retail  dispensing  issued by the office of cannabis management pursuant
     9  to article four of this chapter or a local police department is  subject
    10  to  a civil penalty of not less than twenty-five hundred dollars for the
    11  first violation, five thousand dollars for a second such violation,  and
    12  a  claiming  authority may direct a claiming agent to levy upon property
    13  by seizure for a third such  violation  and  any  subsequent  violation.
    14  Before seizure, the claiming authority shall give the firm, partnership,
    15  association, corporation, or retailer ten days' notice in writing, to be
    16  served  in  a manner consistent with article three of the civil practice
    17  law and rules, of a hearing  for  the  firm,  partnership,  association,
    18  corporation,  or  retailer to show cause why such property should not be
    19  seized. Following such hearing, the claiming authority  shall  render  a
    20  decision  in  writing and file with the office, and a copy thereof shall
    21  be served personally or by mail to the firm,  partnership,  association,
    22  corporation,  or retailer. The decision shall be subject to review under
    23  article seventy-eight of the civil practice  law  and  rules  instituted

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02092-01-3
        A. 3281                             2

     1  within thirty days after receipt of the claiming authority's decision by
     2  the  firm,  partnership, association, corporation, or retailer.  For the
     3  purposes of this subdivision, an entity is "doing business as  a  retail
     4  dispensary"  when unlicensed adult use cannabis is sold or offered to be
     5  sold to multiple persons from the same premises on more than one day and
     6  after notice to cease and desist has been given by the office of  canna-
     7  bis management or a local police department.
     8    (b)  For  purposes  of this subdivision, a "claiming authority" may be
     9  either the office of cannabis management or the appropriate local county
    10  attorney or corporation counsel upon consent of the office  of  cannabis
    11  management.  A  "claiming agent" means all persons described in subdivi-
    12  sion thirty-four of section 1.20 of  the  criminal  procedure  law,  and
    13  sheriffs, undersheriffs, and deputy sheriffs of counties within the city
    14  of  New  York  acting  upon  direction of a claiming authority. Property
    15  subject to seizure includes cannabis kept or maintained at the  location
    16  of  retail  dispensing  and  any property which contributes directly and
    17  materially to unlawful retail sale of cannabis. Nothing in this subdivi-
    18  sion shall prevent the immediate seizure of illicit cannabis  as  other-
    19  wise authorized by law.
    20    § 2. This act shall take effect immediately.