Bill Text: NY A03506 | 2017-2018 | General Assembly | Introduced
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Bill Title: Enacts the "marihuana regulation and taxation act"; relates to the description of marihuana, and the growing of and use of marihuana by persons twenty-one years of age or older; makes technical changes regarding the definition of marihuana; relates to the qualification of certain offenses involving marihuana and exempts certain persons from prosecution for the use, consumption, display, production or distribution of marihuana; provides for the licensure of persons authorized to produce, process and sell marihuana; levies an excise tax on certain sales of marihuana; repeals certain provisions of the penal law relating to the criminal sale of marihuana and provisions of the general business law relating to drug paraphernalia; makes an appropriation therefor.
Spectrum: Partisan Bill (Democrat 32-0)
Status: (Introduced - Dead) 2018-11-16 - print number 3506c [A03506 Detail]
Download: New_York-2017-A03506-Introduced.html
Bill Title: Enacts the "marihuana regulation and taxation act"; relates to the description of marihuana, and the growing of and use of marihuana by persons twenty-one years of age or older; makes technical changes regarding the definition of marihuana; relates to the qualification of certain offenses involving marihuana and exempts certain persons from prosecution for the use, consumption, display, production or distribution of marihuana; provides for the licensure of persons authorized to produce, process and sell marihuana; levies an excise tax on certain sales of marihuana; repeals certain provisions of the penal law relating to the criminal sale of marihuana and provisions of the general business law relating to drug paraphernalia; makes an appropriation therefor.
Spectrum: Partisan Bill (Democrat 32-0)
Status: (Introduced - Dead) 2018-11-16 - print number 3506c [A03506 Detail]
Download: New_York-2017-A03506-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3506 2017-2018 Regular Sessions IN ASSEMBLY January 27, 2017 ___________ Introduced by M. of A. PEOPLES-STOKES, GOTTFRIED, LUPARDO, SEPULVEDA, WEPRIN -- Multi-Sponsored by -- M. of A. MOSLEY, SEAWRIGHT, SKARTADOS, STECK -- read once and referred to the Committee on Codes AN ACT to amend the public health law, in relation to the description of marihuana, and the growing of and use of marihuana by persons eighteen years of age or older; to amend the vehicle and traffic law, in relation to making technical changes regarding the definition of mari- huana; to amend the penal law, in relation to the qualification of certain offenses involving marihuana and to exempt certain persons from prosecution for the use, consumption, display, production or distribution of marihuana; to amend the alcoholic beverage control law, in relation to providing for the licensure of persons authorized to produce, process and sell marihuana; to amend the tax law, in relation to providing for the levying of an excise tax on certain sales of marihuana; to amend the criminal procedure law, the civil practice law and rules, the general business law, the state finance law, the executive law, the penal law and the vehicle and traffic law, in relation to making conforming changes; to repeal sections 221.10, 221.25, 221.30, 221.50 and 221.55 of the penal law relating to the criminal possession and sale of marihuana; to repeal paragraph (f) of subdivision 2 of section 850 of the general business law relating to drug related paraphernalia; and making an appropriation therefor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "marihuana 2 regulation and taxation act". 3 § 2. Legislative findings and intent. The legislature finds that 4 decades of arresting marihuana users has failed to prevent marihuana use 5 or prevent minors from accessing marihuana. Existing marihuana laws have 6 created a violent, illegal drug market that consumes millions of dollars 7 in criminal justice resources each year. Existing marihuana laws have EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05327-03-7A. 3506 2 1 also disproportionately impacted African-American and Latino communi- 2 ties. Regulating, controlling, and taxing marihuana like alcohol will 3 save criminal justice resources, reduce violent crime, reduce racial 4 disparities, and generate revenue. 5 Additionally, industrial hemp is produced in at least 30 nations and 6 used to create thousands of products including paper, textiles, food 7 oils, automotive parts, and personal care products. Hundreds of millions 8 of dollars of industrial hemp products are sold in the United States 9 each year. 10 The intent of this act is to regulate, control, and tax marihuana in a 11 manner similar to alcohol, generate millions of dollars in new revenue, 12 prevent access to marihuana by those under the age of eighteen years, 13 reduce the illegal drug market and reduce violent crime, reduce the 14 racially disparate impact of existing marihuana laws, allow industrial 15 hemp to be farmed in New York state, and create new industries and 16 increase employment. 17 Nothing in this act is intended to limit the authority of any district 18 government agency or office or employers to enact and enforce policies 19 pertaining to marihuana in the workplace, to allow driving under the 20 influence of marihuana, to allow individuals to engage in conduct that 21 endangers others, to allow smoking marihuana in any location where smok- 22 ing tobacco is prohibited, or to require any individual to engage in any 23 conduct that violates federal law or to exempt anyone from any require- 24 ment of federal law or pose any obstacle to the federal enforcement of 25 federal law. 26 Nothing in this act is intended to limit any privileges or rights of a 27 medical marihuana patient or medical marihuana caregiver under the New 28 York Compassionate Care Act. 29 § 3. Section 3302 of the public health law, as added by chapter 878 of 30 the laws of 1972, subdivisions 1, 14, 16, 17 and 27 as amended and 31 subdivisions 4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19, 20, 21, 22, 23, 24, 32 25, 26, 28, 29 and 30 as renumbered by chapter 537 of the laws of 1998, 33 subdivisions 9 and 10 as amended and subdivisions 34, 35, 36, 37, 38, 39 34 and 40 as added by chapter 178 of the laws of 2010, paragraph (a) of 35 subdivision 20, the opening paragraph of subdivision 22 and subdivision 36 29 as amended by chapter 163 of the laws of 1973, subdivision 31 as 37 amended by section 4 of part A of chapter 58 of the laws of 2004, subdi- 38 vision 41 as added by section 6 of part A of chapter 447 of the laws of 39 2012, and subdivisions 42 and 43 as added by section 13 of part D of 40 chapter 60 of the laws of 2014, is amended to read as follows: 41 § 3302. Definitions of terms of general use in this article. Except 42 where different meanings are expressly specified in subsequent 43 provisions of this article, the following terms have the following mean- 44 ings: 45 1. "Addict" means a person who habitually uses a controlled substance 46 for a non-legitimate or unlawful use, and who by reason of such use is 47 dependent thereon. 48 2. "Administer" means the direct application of a controlled 49 substance, whether by injection, inhalation, ingestion, or any other 50 means, to the body of a patient or research subject. 51 3. "Agent" means an authorized person who acts on behalf of or at the 52 direction of a manufacturer, distributor, or dispenser. No person may be 53 authorized to so act if under title VIII of the education law such 54 person would not be permitted to engage in such conduct. It does not 55 include a common or contract carrier, public warehouseman, or employeeA. 3506 3 1 of the carrier or warehouseman when acting in the usual and lawful 2 course of the carrier's or warehouseman's business. 3 4. ["Concentrated Cannabis" means4(a) the separated resin, whether crude or purified, obtained from a5plant of the genus Cannabis; or6(b) a material, preparation, mixture, compound or other substance7which contains more than two and one-half percent by weight of delta-98tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering9system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-10terpene numbering system.115.] "Controlled substance" means a substance or substances listed in 12 section thirty-three hundred six of this [chapter] title. 13 [6.] 5. "Commissioner" means commissioner of health of the state of 14 New York. 15 [7.] 6. "Deliver" or "delivery" means the actual, constructive or 16 attempted transfer from one person to another of a controlled substance, 17 whether or not there is an agency relationship. 18 [8.] 7. "Department" means the department of health of the state of 19 New York. 20 [9.] 8. "Dispense" means to deliver a controlled substance to an ulti- 21 mate user or research subject by lawful means, including by means of the 22 internet, and includes the packaging, labeling, or compounding necessary 23 to prepare the substance for such delivery. 24 [10.] 9. "Distribute" means to deliver a controlled substance, includ- 25 ing by means of the internet, other than by administering or dispensing. 26 [11.] 10. "Distributor" means a person who distributes a controlled 27 substance. 28 [12.] 11. "Diversion" means manufacture, possession, delivery or use 29 of a controlled substance by a person or in a manner not specifically 30 authorized by law. 31 [13.] 12. "Drug" means 32 (a) substances recognized as drugs in the official United States Phar- 33 macopoeia, official Homeopathic Pharmacopoeia of the United States, or 34 official National Formulary, or any supplement to any of them; 35 (b) substances intended for use in the diagnosis, cure, mitigation, 36 treatment, or prevention of disease in man or animals; and 37 (c) substances (other than food) intended to affect the structure or a 38 function of the body of man or animal. It does not include devices or 39 their components, parts, or accessories. 40 [14.] 13. "Federal agency" means the Drug Enforcement Administration, 41 United States Department of Justice, or its successor agency. 42 [15.] 14. "Federal controlled substances act" means the Comprehensive 43 Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, and 44 any act or acts amendatory or supplemental thereto or regulations 45 promulgated thereunder. 46 [16.] 15. "Federal registration number" means such number assigned by 47 the Federal agency to any person authorized to manufacture, distribute, 48 sell, dispense or administer controlled substances. 49 [17.] 16. "Habitual user" means any person who is, or by reason of 50 repeated use of any controlled substance for non-legitimate or unlawful 51 use is in danger of becoming, dependent upon such substance. 52 [18.] 17. "Institutional dispenser" means a hospital, veterinary 53 hospital, clinic, dispensary, maternity home, nursing home, mental 54 hospital or similar facility approved and certified by the department as 55 authorized to obtain controlled substances by distribution and toA. 3506 4 1 dispense and administer such substances pursuant to the order of a prac- 2 titioner. 3 [19.] 18. "License" means a written authorization issued by the 4 department or the New York state department of education permitting 5 persons to engage in a specified activity with respect to controlled 6 substances. 7 [20.] 19. "Manufacture" means the production, preparation, propa- 8 gation, compounding, cultivation, conversion or processing of a 9 controlled substance, either directly or indirectly or by extraction 10 from substances of natural origin, or independently by means of chemical 11 synthesis, or by a combination of extraction and chemical synthesis, and 12 includes any packaging or repackaging of the substance or labeling or 13 relabeling of its container, except that this term does not include the 14 preparation, compounding, packaging or labeling of a controlled 15 substance: 16 (a) by a practitioner as an incident to his administering or dispens- 17 ing of a controlled substance in the course of his professional prac- 18 tice; or 19 (b) by a practitioner, or by his authorized agent under his super- 20 vision, for the purpose of, or as an incident to, research, teaching, or 21 chemical analysis and not for sale; or 22 (c) by a pharmacist as an incident to his dispensing of a controlled 23 substance in the course of his professional practice. 24 [21. "Marihuana" means all parts of the plant of the genus Cannabis,25whether growing or not; the seeds thereof; the resin extracted from any26part of the plant; and every compound, manufacture, salt, derivative,27mixture, or preparation of the plant, its seeds or resin. It does not28include the mature stalks of the plant, fiber produced from the stalks,29oil or cake made from the seeds of the plant, any other compound, manu-30facture, salt, derivative, mixture, or preparation of the mature stalks31(except the resin extracted therefrom), fiber, oil, or cake, or the32sterilized seed of the plant which is incapable of germination.3322.] 20. "Narcotic drug" means any of the following, whether produced 34 directly or indirectly by extraction from substances of vegetable 35 origin, or independently by means of chemical synthesis, or by a combi- 36 nation of extraction and chemical synthesis: 37 (a) opium and opiate, and any salt, compound, derivative, or prepara- 38 tion of opium or opiate; 39 (b) any salt, compound, isomer, derivative, or preparation thereof 40 which is chemically equivalent or identical with any of the substances 41 referred to in [subdivision] paragraph (a) of this subdivision, but not 42 including the isoquinoline alkaloids of opium; 43 (c) opium poppy and poppy straw. 44 [23.] 21. "Opiate" means any substance having an addiction-forming or 45 addiction-sustaining liability similar to morphine or being capable of 46 conversion into a drug having addiction-forming or addiction-sustaining 47 liability. It does not include, unless specifically designated as 48 controlled under section [3306] thirty-three hundred six of this [arti-49cle] title, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and 50 its salts (dextromethorphan). It does include its racemic and levorota- 51 tory forms. 52 [24.] 22. "Opium poppy" means the plant of the species Papaver 53 somniferum L., except its seeds. 54 [25.] 23. "Person" means individual, institution, corporation, govern- 55 ment or governmental subdivision or agency, business trust, estate, 56 trust, partnership or association, or any other legal entity.A. 3506 5 1 [26.] 24. "Pharmacist" means any person licensed by the state depart- 2 ment of education to practice pharmacy. 3 [27.] 25. "Pharmacy" means any place registered as such by the New 4 York state board of pharmacy and registered with the Federal agency 5 pursuant to the federal controlled substances act. 6 [28.] 26. "Poppy straw" means all parts, except the seeds, of the 7 opium poppy, after mowing. 8 [29.] 27. "Practitioner" means: 9 A physician, dentist, podiatrist, veterinarian, scientific investi- 10 gator, or other person licensed, or otherwise permitted to dispense, 11 administer or conduct research with respect to a controlled substance in 12 the course of a licensed professional practice or research licensed 13 pursuant to this article. Such person shall be deemed a "practitioner" 14 only as to such substances, or conduct relating to such substances, as 15 is permitted by his license, permit or otherwise permitted by law. 16 [30.] 28. "Prescribe" means a direction or authorization, by 17 prescription, permitting an ultimate user lawfully to obtain controlled 18 substances from any person authorized by law to dispense such 19 substances. 20 [31.] 29. "Prescription" shall mean an official New York state 21 prescription, an electronic prescription, an oral prescription[,] or an 22 out-of-state prescription[, or any one]. 23 [32.] 30. "Sell" means to sell, exchange, give or dispose of to anoth- 24 er, or offer or agree to do the same. 25 [33.] 31. "Ultimate user" means a person who lawfully obtains and 26 possesses a controlled substance for his own use or the use by a member 27 of his household or for an animal owned by him or in his custody. It 28 shall also mean and include a person designated, by a practitioner on a 29 prescription, to obtain such substance on behalf of the patient for whom 30 such substance is intended. 31 [34.] 32. "Internet" means collectively computer and telecommuni- 32 cations facilities which comprise the worldwide network of networks that 33 employ a set of industry standards and protocols, or any predecessor or 34 successor protocol to such protocol, to exchange information of all 35 kinds. "Internet," as used in this article, also includes other 36 networks, whether private or public, used to transmit information by 37 electronic means. 38 [35.] 33. "By means of the internet" means any sale, delivery, 39 distribution, or dispensing of a controlled substance that uses the 40 internet, is initiated by use of the internet or causes the internet to 41 be used. 42 [36.] 34. "Online dispenser" means a practitioner, pharmacy, or person 43 in the United States that sells, delivers or dispenses, or offers to 44 sell, deliver, or dispense, a controlled substance by means of the 45 internet. 46 [37.] 35. "Electronic prescription" means a prescription issued with 47 an electronic signature and transmitted by electronic means in accord- 48 ance with regulations of the commissioner and the commissioner of educa- 49 tion and consistent with federal requirements. A prescription generated 50 on an electronic system that is printed out or transmitted via facsimile 51 is not considered an electronic prescription and must be manually 52 signed. 53 [38.] 36. "Electronic" means of or relating to technology having elec- 54 trical, digital, magnetic, wireless, optical, electromagnetic or similar 55 capabilities. "Electronic" shall not include facsimile.A. 3506 6 1 [39.] 37. "Electronic record" means a paperless record that is 2 created, generated, transmitted, communicated, received or stored by 3 means of electronic equipment and includes the preservation, retrieval, 4 use and disposition in accordance with regulations of the commissioner 5 and the commissioner of education and in compliance with federal law and 6 regulations. 7 [40.] 38. "Electronic signature" means an electronic sound, symbol, or 8 process, attached to or logically associated with an electronic record 9 and executed or adopted by a person with the intent to sign the record, 10 in accordance with regulations of the commissioner and the commissioner 11 of education. 12 [41.] 39. "Registry" or "prescription monitoring program registry" 13 means the prescription monitoring program registry established pursuant 14 to section thirty-three hundred forty-three-a of this article. 15 [42.] 40. "Compounding" means the combining, admixing, mixing, dilut- 16 ing, pooling, reconstituting, or otherwise altering of a drug or bulk 17 drug substance to create a drug with respect to an outsourcing facility 18 under section 503B of the federal Food, Drug and Cosmetic Act and 19 further defined in this section. 20 [43.] 41. "Outsourcing facility" means a facility that: 21 (a) is engaged in the compounding of sterile drugs as defined in 22 section sixty-eight hundred two of the education law; 23 (b) is currently registered as an outsourcing facility pursuant to 24 article one hundred thirty-seven of the education law; and 25 (c) complies with all applicable requirements of federal and state 26 law, including the Federal Food, Drug and Cosmetic Act. 27 Notwithstanding any other provision of law to the contrary, when an 28 outsourcing facility distributes or dispenses any drug to any person 29 pursuant to a prescription, such outsourcing facility shall be deemed to 30 be providing pharmacy services and shall be subject to all laws, rules 31 and regulations governing pharmacies and pharmacy services. 32 § 4. Paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 33 26, 27, 28, 29, 30, 31 and 32 of subdivision (d) of schedule I of 34 section 3306 of the public health law, paragraphs 13, 14, 15, 16, 17, 35 18, 19, 20, 21, 22, 23 and 24 as added by chapter 664 of the laws of 36 1985, paragraphs 25, 26, 27, 28, 29 and 30 as added by chapter 589 of 37 the laws of 1996 and paragraphs 31 and 32 as added by chapter 457 of the 38 laws of 2006, are amended to read as follows: 39 (13) [Marihuana.40(14)] Mescaline. 41 [(15)] (14) Parahexyl. Some trade or other names: 3-Hexyl-1-hydroxy- 42 7,8,9,10-tetra hydro-6,6,9-trimethyl-6H-dibenfo{b,d} pyran. 43 [(16)] (15) Peyote. Meaning all parts of the plant presently classi- 44 fied botanically as Lophophora williamsii Lemaire, whether growing or 45 not, the seeds thereof, any extract from any part of such plant, and 46 every compound, manufacture, salts, derivative, mixture, or preparation 47 of such plant, its seeds or extracts. 48 [(17)] (16) N-ethyl-3-piperidyl benzilate. 49 [(18)] (17) N-methyl-3-piperidyl benzilate. 50 [(19)] (18) Psilocybin. 51 [(20)] (19) Psilocyn. 52 [(21)] (20) Tetrahydrocannabinols. Synthetic tetrahydrocannabinols not 53 derived from the cannabis plant that are equivalents of the substances 54 contained in the plant, or in the resinous extractives of cannabis, sp. 55 and/or synthetic substances, derivatives, and their isomers with similar 56 chemical structure and pharmacological activity such as the following:A. 3506 7 1 /\1 cis or trans tetrahydrocannabinol, and their optical isomers 2 /\6 cis or trans tetrahydrocannabinol, and their optical isomers 3 /\3, 4 cis or trans tetrahydrocannabinol, and its optical isomers 4 (since nomenclature of these substances is not internationally standard- 5 ized, compounds of these structures, regardless of numerical designation 6 of atomic positions covered). 7 [(22)] (21) Ethylamine analog of phencyclidine. Some trade or other 8 names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethyla- 9 mine, N-(1-phenylcyclohexyl) ethylamine cyclohexamine, PCE. 10 [(23)] (22) Pyrrolidine analog of phencyclidine. Some trade or other 11 names 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy, PHP. 12 [(24)] (23) Thiophene analog of phencyclidine. Some trade or other 13 names: 1-{1-(2-thienyl)-cyclohexyl}-piperidine, 2-thienylanalog of 14 phencyclidine, TPCP, TCP. 15 [(25)] (24) 3,4-methylenedioxymethamphetamine (MDMA). 16 [(26)] (25) 3,4-methylendioxy-N-ethylamphetamine (also known as 17 N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA, 18 MDE, MDEA. 19 [(27)] (26) N-hydroxy-3,4-methylenedioxyamphetamine (also known as 20 N-hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and 21 N-hydroxy MDA. 22 [(28)] (27) 1-{1- (2-thienyl) cyclohexyl} pyrrolidine. Some other 23 names: TCPY. 24 [(29)] (28) Alpha-ethyltryptamine. Some trade or other names: 25 etryptamine; Monase; Alpha-ethyl-1H-indole-3-ethanamine; 26 3- (2-aminobutyl) indole; Alpha-ET or AET. 27 [(30)] (29) 2,5-dimethoxy-4-ethylamphetamine. Some trade or other 28 names: DOET. 29 [(31)] (30) 4-Bromo-2,5-dimethoxyphenethylamine. Some trade or other 30 names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl 31 DOB; 2C-B, Nexus. 32 [(32)] (31) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its 33 optical isomers, salts and salts of isomers. 34 § 5. Section 3382 of the public health law, as added by chapter 878 of 35 the laws of 1972, is amended to read as follows: 36 § 3382. Growing of the plant known as Cannabis by unlicensed persons. 37 A person who, without being licensed so to do under this article, grows 38 the plant of the genus Cannabis or knowingly allows it to grow on his 39 land without destroying the same, shall be guilty of a class A 40 misdemeanor. The provisions of this section shall not apply to a person 41 eighteen years of age or older who possesses, grows, or transports no 42 more than six marihuana plants, with three or fewer being mature, 43 flowering plants, provided that the plants are grown in an enclosed, 44 locked space, not openly or publicly, and that the marihuana is not 45 sold. 46 § 6. Subdivision 1 of section 3397-b of the public health law, as 47 added by chapter 810 of the laws of 1980, is amended to read as follows: 48 1. ["Marijuana"] "Marihuana" means [marijuana] marihuana as defined in 49 [section thirty-three hundred two of this chapter] subdivision six of 50 section 220.00 of the penal law and shall also include 51 tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinol. 52 § 7. Section 114-a of the vehicle and traffic law, as added by chapter 53 163 of the laws of 1973, is amended to read as follows: 54 § 114-a. Drug. The term "drug" when used in this chapter, means and 55 includes any substance listed in section thirty-three hundred six of theA. 3506 8 1 public health law and marihuana and concentrated cannabis as defined in 2 section 220.00 of the penal law. 3 § 8. Subdivisions 5, 6 and 9 of section 220.00 of the penal law, 4 subdivision 5 as amended by chapter 537 of the laws of 1998, subdivision 5 6 as amended by chapter 1051 of the laws of 1973 and subdivision 9 as 6 amended by chapter 664 of the laws of 1985, are amended and a new subdi- 7 vision 21 is added to read as follows: 8 5. "Controlled substance" means any substance listed in schedule I, 9 II, III, IV or V of section thirty-three hundred six of the public 10 health law other than marihuana, but including concentrated cannabis as 11 defined in [paragraph (a) of subdivision four of section thirty-three12hundred two of such law] subdivision twenty-one of this section. 13 6. "Marihuana" means ["marihuana" or "concentrated cannabis" as those14terms are defined in section thirty-three hundred two of the public15health law] all parts of the plant of the genus Cannabis, whether grow- 16 ing or not; the seeds thereof; the resin extracted from any part of the 17 plant; and every compound, manufacture, salt, derivative, mixture, or 18 preparation of the plant, its seeds or resin. It does not include the 19 mature stalks of the plant, fiber produced from the stalks, oil or cake 20 made from the seeds of the plant, any other compound, manufacture, salt, 21 derivative, mixture, or preparation of the mature stalks (except the 22 resin extracted therefrom), fiber, oil, or cake, or the sterilized seed 23 of the plant which is incapable of germination. It does not include all 24 parts of the plant Cannabis sativa L., whether growing or not, having no 25 more than three-tenths of one percent tetrahydrocannabinol (THC). 26 9. "Hallucinogen" means any controlled substance listed in schedule 27 I(d) (5), [(18), (19), (20), (21) and (22)] (17), (18), (19), (20) and 28 (21). 29 21. "Concentrated cannabis" means: 30 (a) the separated resin, whether crude or purified, obtained from a 31 plant of the genus Cannabis; or 32 (b) a material, preparation, mixture, compound or other substance 33 which contains more than three percent by weight of delta-9 tetrahydro- 34 cannabinol, or its isomer, delta-8 dibenzopyran numbering system, or 35 delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) monoterpene 36 numbering system. 37 § 9. Subdivision 4 of section 220.06 of the penal law, as amended by 38 chapter 537 of the laws of 1998, is amended to read as follows: 39 4. one or more preparations, compounds, mixtures or substances 40 containing concentrated cannabis as defined in [paragraph (a) of subdi-41vision four of section thirty-three hundred two of the public health42law] subdivision twenty-one of section 220.00 of this article and said 43 preparations, compounds, mixtures or substances are of an aggregate 44 weight of one-fourth ounce or more; or 45 § 10. Subdivision 10 of section 220.09 of the penal law, as amended by 46 chapter 537 of the laws of 1998, is amended to read as follows: 47 10. one or more preparations, compounds, mixtures or substances 48 containing concentrated cannabis as defined in [paragraph (a) of subdi-49vision four of section thirty-three hundred two of the public health50law] subdivision twenty-one of section 220.00 of this article and said 51 preparations, compounds, mixtures or substances are of an aggregate 52 weight of one ounce or more; or 53 § 11. Subdivision 3 of section 220.34 of the penal law, as amended by 54 chapter 537 of the laws of 1998, is amended to read as follows:A. 3506 9 1 3. concentrated cannabis as defined in [paragraph (a) of subdivision2four of section thirty-three hundred two of the public health law] 3 subdivision twenty-one of section 220.00 of this article; or 4 § 12. Section 220.50 of the penal law, as amended by chapter 627 of 5 the laws of 1990, is amended to read as follows: 6 § 220.50 Criminally using drug paraphernalia in the second degree. 7 A person is guilty of criminally using drug paraphernalia in the 8 second degree when he knowingly possesses or sells: 9 1. Diluents, dilutants or adulterants, including but not limited to, 10 any of the following: quinine hydrochloride, mannitol, mannite, lactose 11 or dextrose, adapted for the dilution of narcotic drugs or stimulants 12 under circumstances evincing an intent to use, or under circumstances 13 evincing knowledge that some person intends to use, the same for 14 purposes of unlawfully mixing, compounding, or otherwise preparing any 15 narcotic drug or stimulant, other than marihuana or concentrated canna- 16 bis; or 17 2. Gelatine capsules, glassine envelopes, vials, capsules or any other 18 material suitable for the packaging of individual quantities of narcotic 19 drugs or stimulants under circumstances evincing an intent to use, or 20 under circumstances evincing knowledge that some person intends to use, 21 the same for the purpose of unlawfully manufacturing, packaging or 22 dispensing of any narcotic drug or stimulant, other than marihuana or 23 concentrated cannabis; or 24 3. Scales and balances used or designed for the purpose of weighing or 25 measuring controlled substances, under circumstances evincing an intent 26 to use, or under circumstances evincing knowledge that some person 27 intends to use, the same for purpose of unlawfully manufacturing, pack- 28 aging or dispensing of any narcotic drug or stimulant, other than mari- 29 huana or concentrated cannabis. 30 Criminally using drug paraphernalia in the second degree is a class A 31 misdemeanor. 32 § 13. Section 221.05 of the penal law, as added by chapter 360 of the 33 laws of 1977, is amended to read as follows: 34 § 221.05 Unlawful possession of marihuana. 35 A person is guilty of unlawful possession of marihuana when he know- 36 ingly and unlawfully possesses [marihuana]: 37 1. marihuana and is less than eighteen years of age; or 38 2. marihuana in a public place, as defined in section 240.00 of this 39 part, and such marihuana is burning. 40 Unlawful possession of marihuana is a violation punishable only by a 41 fine of not more than one hundred dollars. However, where the defendant 42 has previously been convicted of an offense defined in this article or 43 article [220] two hundred twenty of this [chapter] title, committed 44 within the three years immediately preceding such violation, it shall be 45 punishable (a) only by a fine of not more than two hundred dollars, if 46 the defendant was previously convicted of one such offense committed 47 during such period, and (b) by a fine of not more than two hundred fifty 48 dollars or a term of imprisonment not in excess of fifteen days or both, 49 if the defendant was previously convicted of two such offenses committed 50 during such period. 51 § 14. Section 221.15 of the penal law, as amended by chapter 265 of 52 the laws of 1979, the opening paragraph as amended by chapter 75 of the 53 laws of 1995, is amended to read as follows: 54 § 221.15 Criminal possession of marihuana in the [fourth] second degree. 55 A person is guilty of criminal possession of marihuana in the [fourth] 56 second degree when he knowingly and unlawfully possesses [one or moreA. 3506 10 1preparations, compounds, mixtures or substances containing marihuana and2the preparations, compounds, mixtures or substances are of an aggregate3weight of] more than two ounces of marihuana, more than sixteen ounces 4 for any mixtures or substances containing marihuana in solid form, or 5 more than seventy-two ounces for any mixtures or substances containing 6 marihuana in liquid form, or more than one-fourth of one ounce of 7 concentrated cannabis. 8 Criminal possession of marihuana in the [fourth] second degree is a 9 class [A] B misdemeanor. 10 § 15. Section 221.20 of the penal law, as amended by chapter 265 of 11 the laws of 1979, the opening paragraph as amended by chapter 75 of the 12 laws of 1995, is amended to read as follows: 13 § 221.20 Criminal possession of marihuana in the [third] first degree. 14 A person is guilty of criminal possession of marihuana in the [third] 15 first degree when he knowingly and unlawfully possesses [one or more16preparations, compounds, mixtures or substances containing marihuana and17the preparations, compounds, mixtures or substances are of an aggregate18weight of] more than eight ounces of marihuana, more than sixty-four 19 ounces for any mixtures or substances containing marihuana in solid 20 form, or more than two gallons for any mixtures or substances containing 21 marihuana in liquid form, or more than one ounce of concentrated canna- 22 bis. 23 Criminal possession of marihuana in the [third] first degree is a 24 class [E felony] A misdemeanor. 25 § 16. Sections 221.10, 221.25 and 221.30 of the penal law are 26 REPEALED. 27 § 17. The penal law is amended by adding a new section 221.25 to read 28 as follows: 29 § 221.25 Home cultivation of marihuana exception. 30 The provisions of this article shall not apply to a person eighteen 31 years of age or older who possesses, grows, or transports no more than 32 six marihuana plants, with three or fewer being mature, flowering 33 plants, provided that the plants are grown in an enclosed, locked space, 34 not openly or publicly, and that the marihuana is not sold. 35 § 18. Section 221.35 of the penal law, as amended by chapter 265 of 36 the laws of 1979, the opening paragraph as amended by chapter 75 of the 37 laws of 1995, is amended to read as follows: 38 § 221.35 Criminal sale of marihuana in the [fifth] third degree. 39 A person less than eighteen years of age is guilty of criminal sale of 40 marihuana in the [fifth] third degree when he knowingly and unlawfully 41 sells, without consideration, one or more preparations, compounds, 42 mixtures or substances containing marihuana and the preparations, 43 compounds, mixtures or substances are of an aggregate weight of two 44 grams or less; or one cigarette containing marihuana. 45 Criminal sale of marihuana in the [fifth] third degree is a class B 46 misdemeanor. 47 § 19. Section 221.40 of the penal law, as added by chapter 360 of the 48 laws of 1977, is amended to read as follows: 49 § 221.40 Criminal sale of marihuana in the [fourth] second degree. 50 A person is guilty of criminal sale of marihuana in the [fourth] 51 second degree when he knowingly and unlawfully sells marihuana for 52 consideration except as provided in section 221.35 of this article. 53 Criminal sale of marihuana in the [fourth] second degree is a class A 54 misdemeanor.A. 3506 11 1 § 20. Section 221.45 of the penal law, as amended by chapter 265 of 2 the laws of 1979, the opening paragraph as amended by chapter 75 of the 3 laws of 1995, is amended to read as follows: 4 § 221.45 Criminal sale of marihuana in the [third] first degree. 5 A person is guilty of criminal sale of marihuana in the [third] first 6 degree when he knowingly and unlawfully sells [one or more preparations,7compounds, mixtures or substances containing marihuana and the prepara-8tions, compounds, mixtures or substances are of an aggregate weight of9more than twenty-five grams] two ounces of marihuana, more than sixteen 10 ounces for any mixtures or substances containing marihuana in solid 11 form, or more than seventy-two ounces for any mixtures or substances 12 containing marihuana in liquid form, or more than one-fourth of one 13 ounce of concentrated cannabis. 14 Criminal sale of marihuana in the [third] first degree is a class E 15 felony. 16 § 21. Sections 221.50 and 221.55 of the penal law are REPEALED. 17 § 22. The penal law is amended by adding a new section 221.60 to read 18 as follows: 19 § 221.60 Licensing of marihuana production and distribution. 20 The provisions of this article and of article two hundred twenty of 21 this title shall not apply to any person exempted from criminal penal- 22 ties pursuant to the provisions of this chapter or possessing, manufac- 23 turing, transporting, distributing, selling or transferring marihuana or 24 concentrated cannabis, or engaged in any other action that is in compli- 25 ance with article eleven of the alcoholic beverage control law. 26 § 23. Subdivision 8 of section 1399-n of the public health law, as 27 amended by chapter 13 of the laws of 2003, is amended to read as 28 follows: 29 8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or 30 any other matter or substance which contains tobacco or marihuana. 31 § 24. Section 2 of the alcoholic beverage control law, as amended by 32 chapter 406 of the laws of 2014, is amended to read as follows: 33 § 2. Policy of state and purpose of chapter. It is hereby declared as 34 the policy of the state that it is necessary to regulate and control the 35 manufacture, sale and distribution within the state of alcoholic bever- 36 ages and marihuana products for the purpose of fostering and promoting 37 temperance in their consumption and respect for and obedience to law; 38 for the primary purpose of promoting the health, welfare and safety of 39 the people of the state, promoting temperance in the consumption of 40 alcoholic beverages and marihuana products; and, to the extent possible, 41 supporting economic growth, job development, and the state's alcoholic 42 beverage production industries and its tourism and recreation industry; 43 and which promotes the conservation and enhancement of state agricul- 44 tural lands; provided that such activities do not conflict with the 45 primary regulatory objectives of this chapter. It is hereby declared 46 that such policies will best be carried out by empowering the liquor 47 authority of the state to determine whether public convenience and 48 advantage will be promoted by the issuance of licenses to traffic in 49 alcoholic beverages and marihuana products, the increase or decrease in 50 the number thereof and the location of premises licensed thereby, 51 subject only to the right of judicial review provided for in this chap- 52 ter. It is the purpose of this chapter to carry out these policies in 53 the public interest. 54 § 25. Subdivisions 20-a, 20-b, 20-c, 20-d and 20-e of section 3 of the 55 alcoholic beverage control law are renumbered subdivisions 20-j, 20-k,A. 3506 12 1 20-l, 20-m and 20-n and ten new subdivisions 7-e, 20-a, 20-b, 20-c, 2 20-d, 20-e, 20-f, 20-g, 20-h and 20-i are added to read as follows: 3 7-e. "Concentrated cannabis" means: (a) the separated resin, whether 4 crude or purified, obtained from a plant of the genus Cannabis; or 5 (b) a material, preparation, mixture, compound or other substance 6 which contains more than three percent by weight of delta-9 tetrahydro- 7 cannabinol, or its isomer, delta-8 dibenzopyran numbering system, or 8 delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) monoterpene 9 numbering system. 10 20-a. "Marihuana" means all parts of the plant of the genus Cannabis, 11 whether growing or not; the seeds thereof; the resin extracted from any 12 part of the plant; and every compound, manufacture, salt, derivative, 13 mixture, or preparation of the plant, its seeds or resin. It does not 14 include the mature stalks of the plant, fiber produced from the stalks, 15 oil or cake made from the seeds of the plant, any other compound, manu- 16 facture, salt, derivative, mixture, or preparation of the mature stalks 17 (except the resin extracted therefrom), fiber, oil, or cake, or the 18 sterilized seed of the plant which is incapable of germination. It does 19 not include all parts of the plant Cannabis sativa L., whether growing 20 or not, having no more than three-tenths of one percent tetrahydrocanna- 21 binol (THC). 22 20-b. "Marihuana consumer" means a person twenty-one years of age or 23 older who purchases marihuana or marihuana products for personal use by 24 persons twenty-one years of age or older, but not for resale to others. 25 20-c. "Marihuana processor" means a person licensed by the authority 26 to purchase marihuana and concentrated cannabis from marihuana produc- 27 ers, to process marihuana, concentrated cannabis, and marihuana infused 28 products, package and label marihuana, concentrated cannabis and mari- 29 huana infused products for sale in retail outlets, and sell marihuana, 30 concentrated cannabis and marihuana infused products at wholesale to 31 marihuana retailers. 32 20-d. "Marihuana producer" means a person licensed by the authority to 33 produce, process, and sell marihuana and concentrated cannabis at whole- 34 sale to marihuana processors, marihuana retailers, or other marihuana 35 producers, but not to consumers. 36 20-e. "Marihuana products" means marihuana, concentrated cannabis, and 37 marihuana-infused products. 38 20-f. "Marihuana-infused products" means products that contain mari- 39 huana, marihuana extracts, or concentrated cannabis and are intended for 40 human use or consumption, such as, but not limited to, edible products, 41 ointments, and tinctures. 42 20-g. "Marihuana retailer" means a person licensed by the authority to 43 purchase marihuana, concentrated cannabis, and marihuana-infused 44 products from marihuana producers and marihuana processors and sell 45 marihuana, marihuana infused products, and concentrated cannabis in a 46 retail outlet. 47 20-h. "Marihuana retailer for on-premises consumption" means a person 48 licensed by the authority to purchase marihuana, concentrated cannabis, 49 and marihuana infused products from marihuana producers, marihuana 50 retailers, and marihuana processors and sell marihuana products for a 51 customer to consume while the customer is within a facility. 52 20-i. "Unreasonably impracticable" means that the measures necessary 53 to comply with the regulations require such a high investment of risk, 54 money, time or other resource or asset that the operation of a marihuana 55 establishment is not worthy of being carried out by a reasonably prudent 56 businessperson.A. 3506 13 1 § 26. Subdivision 12 of section 17 of the alcoholic beverage control 2 law, as amended by chapter 549 of the laws of 2001, and the closing 3 paragraph as amended by chapter 435 of the laws of 2010, is amended to 4 read as follows: 5 12. To develop and establish minimum criteria for alcohol and marihua- 6 na abuse training awareness programs which may be given and administered 7 by schools; other entities including trade associations whose members 8 are engaged in or involved in the retail sale of alcoholic beverages or 9 marihuana products; national and regional franchisors who have granted 10 at least five franchises in the state which are licensed to sell beer at 11 retail for off-premises consumption; licensees authorized to sell alco- 12 holic beverages at retail for off-premises consumption operating five or 13 more licensed premises; and persons interested, whether as an individual 14 proprietor or partner or officer or member of a limited liability compa- 15 ny, in five or more licensees authorized to sell alcoholic beverages at 16 retail for off-premises consumption. The authority shall provide for the 17 issuance of certificates of approval to all certified alcohol and mari- 18 huana abuse training awareness programs. Certificates of approval may be 19 revoked by the authority for failure to adhere to the authority's rules 20 and regulations. Such rules and regulations shall afford those who have 21 been issued a certificate of approval an opportunity for a hearing prior 22 to any determination of whether such certificate should be revoked. 23 No licensee shall be required to apply for any such certificate or 24 renewal certificate and the licensee may voluntarily surrender such a 25 certificate or renewal certificate at any time. A fee in the amount of 26 nine hundred dollars shall be paid to the authority with each applica- 27 tion for a certificate of approval or renewal certificate. The authority 28 shall promptly refund such fee to an applicant whose application was 29 denied. Each certificate of approval and renewal thereof shall be issued 30 for a period of three years. To effectuate the provisions of this subdi- 31 vision, the authority is empowered to require in connection with an 32 application the submission of such information as the authority may 33 direct; to prescribe forms of applications and of all reports which it 34 deems necessary to be made by any applicant or certificate holder; to 35 conduct investigations; to require the maintenance of such books and 36 records as the authority may direct; to revoke, cancel, or suspend for 37 cause any certificate provided for in this subdivision. Each entity 38 authorized to give and administer an alcohol training or marihuana abuse 39 awareness program shall issue certificates of completion to all licen- 40 sees and employees who successfully complete such an approved alcohol 41 training or marihuana abuse awareness program. Such entity shall regu- 42 larly transmit to the authority the names, addresses and dates of 43 attendance of all the licensees and employees of licensees who success- 44 fully complete an approved alcohol training or marihuana abuse awareness 45 program. Such transmittal shall be in a form and manner prescribed by 46 the authority. The authority shall adopt rules and regulations to effec- 47 tuate the provisions of this subdivision, including the minimum require- 48 ments for the curriculum of each such training program and the regular 49 ongoing training of employees holding certificates of completion or 50 renewal certificates. Such rules and regulations shall include the mini- 51 mum requirements for a separate curriculum for licensees and their 52 employees authorized to sell alcoholic beverages at retail for off-prem- 53 ises consumption, minimum requirements for a separate curriculum for 54 licensees and their employees authorized to sell alcoholic beverages at 55 retail for on-premises consumption, and the form of a certificate of 56 completion or renewal thereof to be issued in respect to each such typeA. 3506 14 1 of program. A certificate of completion or renewal thereof issued by an 2 entity authorized to give and administer an alcohol training or marihua- 3 na abuse awareness program pursuant to this subdivision to licensees and 4 their employees authorized to sell alcoholic beverages at retail for 5 off-premises consumption shall not be invalidated by a change of employ- 6 ment to another such licensee. A certificate of completion or renewal 7 thereof issued by an entity authorized to give and administer an alcohol 8 training or marihuana abuse awareness program pursuant to this subdivi- 9 sion to licensees and their employees authorized to sell alcoholic 10 beverages at retail for on-premises consumption shall not be invalidated 11 by a change of employment to another such licensee. Attendance at any 12 course established pursuant to this section shall be in person, through 13 distance learning methods, or through an internet based online program. 14 § 27. Section 65-b of the alcoholic beverage control law, as amended 15 by chapter 519 of the laws of 1999, paragraphs (b) and (c) of subdivi- 16 sion 3 as amended by chapter 257 of the laws of 2013 and the opening 17 paragraph of subdivision 6 as amended by chapter 503 of the laws of 18 2000, is amended to read as follows: 19 § 65-b. Offense for one under age of twenty-one years to purchase or 20 attempt to purchase an alcoholic beverage or marihuana products through 21 fraudulent means. 1. As used in this section: (a) "A device capable of 22 deciphering any electronically readable format" or "device" shall mean 23 any commercial device or combination of devices used at a point of sale 24 or entry that is capable of reading the information encoded on the 25 magnetic strip or bar code of a driver's license or non-driver identifi- 26 cation card issued by the commissioner of motor vehicles; 27 (b) "Card holder" means any person presenting a driver's license or 28 non-driver identification card to a licensee, or to the agent or employ- 29 ee of such licensee under this chapter; and 30 (c) "Transaction scan" means the process involving a device capable of 31 deciphering any electronically readable format by which a licensee, or 32 agent or employee of a licensee under this chapter reviews a driver's 33 license or non-driver identification card presented as a precondition 34 for the purchase of an alcoholic beverage or marihuana products as 35 required by subdivision two of this section or as a precondition for 36 admission to an establishment licensed for the on-premises sale of alco- 37 holic beverages or marihuana products where admission is restricted to 38 persons twenty-one years or older. 39 2. (a) No person under the age of twenty-one years shall present or 40 offer to any licensee under this chapter, or to the agent or employee of 41 such licensee, any written evidence of age which is false, fraudulent or 42 not actually his or her own, for the purpose of purchasing or attempting 43 to purchase any alcoholic beverage or marihuana products. 44 (b) No licensee, or agent or employee of such licensee shall accept as 45 written evidence of age by any such person for the purchase of any alco- 46 holic beverage or marihuana products, any documentation other than: (i) 47 a valid driver's license or non-driver identification card issued by the 48 commissioner of motor vehicles, the federal government, any United 49 States territory, commonwealth or possession, the District of Columbia, 50 a state government within the United States or a provincial government 51 of the dominion of Canada, or (ii) a valid passport issued by the United 52 States government or any other country, or (iii) an identification card 53 issued by the armed forces of the United States. Upon the presentation 54 of such driver's license or non-driver identification card issued by a 55 governmental entity, such licensee or agent or employee thereof may 56 perform a transaction scan as a precondition to the sale of any alcohol-A. 3506 15 1 ic beverage. Nothing in this section shall prohibit a licensee or agent 2 or employee from performing such a transaction scan on any of the other 3 documents listed in this subdivision if such documents include a bar 4 code or magnetic strip that [that] may be scanned by a device capable of 5 deciphering any electronically readable format. 6 (c) In instances where the information deciphered by the transaction 7 scan fails to match the information printed on the driver's license or 8 non-driver identification card presented by the card holder, or if the 9 transaction scan indicates that the information is false or fraudulent, 10 the attempted purchase of the alcoholic beverage or marihuana products 11 shall be denied. 12 3. A person violating the provisions of paragraph (a) of subdivision 13 two of this section shall be guilty of a violation and shall be 14 sentenced in accordance with the following: 15 (a) For a first violation, the court shall order payment of a fine of 16 not more than one hundred dollars and/or an appropriate amount of commu- 17 nity service not to exceed thirty hours. In addition, the court may 18 order completion of an alcohol awareness program established pursuant to 19 section 19.25 of the mental hygiene law or a marihuana awareness 20 program. 21 (b) For a second violation, the court shall order payment of a fine of 22 not less than fifty dollars nor more than three hundred fifty dollars 23 and/or an appropriate amount of community service not to exceed sixty 24 hours. The court also shall order completion of an alcohol or marihuana 25 awareness program as referenced in paragraph (a) of this subdivision if 26 such program has not previously been completed by the offender, unless 27 the court determines that attendance at such program is not feasible due 28 to the lack of availability of such program within a reasonably close 29 proximity to the locality in which the offender resides or matriculates, 30 as appropriate. 31 (c) For third and subsequent violations, the court shall order payment 32 of a fine of not less than fifty dollars nor more than seven hundred 33 fifty dollars and/or an appropriate amount of community service not to 34 exceed ninety hours. The court also shall order that such person submit 35 to an evaluation by an appropriate agency certified or licensed by the 36 office of alcoholism and substance abuse services to determine whether 37 the person suffers from the disease of alcoholism or alcohol or marihua- 38 na abuse, unless the court determines that under the circumstances 39 presented such an evaluation is not necessary, in which case the court 40 shall state on the record the basis for such determination. Payment for 41 such evaluation shall be made by such person. If, based on such evalu- 42 ation, a need for treatment is indicated, such person may choose to 43 participate in a treatment plan developed by an agency certified or 44 licensed by the office of alcoholism and substance abuse services. If 45 such person elects to participate in recommended treatment, the court 46 shall order that payment of such fine and community service be suspended 47 pending the completion of such treatment. 48 (d) Evaluation procedures. For purposes of this subdivision, the 49 following shall apply: 50 (i) The contents of an evaluation pursuant to paragraph (c) of this 51 subdivision shall be used for the sole purpose of determining if such 52 person suffers from the disease of alcoholism or alcohol or marihuana 53 abuse. 54 (ii) The agency designated by the court to perform such evaluation 55 shall conduct the evaluation and return the results to the court within 56 thirty days, subject to any state or federal confidentiality law, ruleA. 3506 16 1 or regulation governing the confidentiality of alcohol and substance 2 abuse treatment records. 3 (iii) The office of alcoholism and substance abuse services shall make 4 available to each supreme court law library in this state, or, if no 5 supreme court law library is available in a certain county, to the coun- 6 ty court law library of such county, a list of agencies certified to 7 perform evaluations as required by subdivision (f) of section 19.07 of 8 the mental hygiene law. 9 (iv) All evaluations required under this subdivision shall be in writ- 10 ing and the person so evaluated or his or her counsel shall receive a 11 copy of such evaluation prior to its use by the court. 12 (v) A minor evaluated under this subdivision shall have, and shall be 13 informed by the court of, the right to obtain a second opinion regarding 14 his or her need for alcoholism or substance abuse treatment. 15 4. A person violating the provisions of paragraph (b) of subdivision 16 two of this section shall be guilty of a violation punishable by a fine 17 of not more than one hundred dollars, and/or an appropriate amount of 18 community service not to exceed thirty hours. In addition, the court may 19 order completion of an alcohol or substance abuse training awareness 20 program established pursuant to subdivision twelve of section seventeen 21 of this chapter where such program is located within a reasonably close 22 proximity to the locality in which the offender is employed or resides. 23 5. No determination of guilt pursuant to this section shall operate as 24 a disqualification of any such person subsequently to hold public 25 office, public employment, or as a forfeiture of any right or privilege 26 or to receive any license granted by public authority; and no such 27 person shall be denominated a criminal by reason of such determination. 28 6. In addition to the penalties otherwise provided in subdivision 29 three of this section, if a determination is made sustaining a charge of 30 illegally purchasing or attempting to illegally purchase an alcoholic 31 beverage or marihuana products, the court may suspend such person's 32 license to drive a motor vehicle and the privilege of an unlicensed 33 person of obtaining such license, in accordance with the following and 34 for the following periods, if it is found that a driver's license was 35 used for the purpose of such illegal purchase or attempt to illegally 36 purchase; provided, however, that where a person is sentenced pursuant 37 to paragraph (b) or (c) of subdivision three of this section, the court 38 shall impose such license suspension if it is found that a driver's 39 license was used for the purpose of such illegal purchase or attempt to 40 illegally purchase: 41 (a) For a first violation of paragraph (a) of subdivision two of this 42 section, a three month suspension. 43 (b) For a second violation of paragraph (a) of subdivision two of this 44 section, a six month suspension. 45 (c) For a third or subsequent violation of paragraph (a) of subdivi- 46 sion two of this section, a suspension for one year or until the holder 47 reaches the age of twenty-one, whichever is the greater period of time. 48 Such person may thereafter apply for and be issued a restricted use 49 license in accordance with the provisions of section five hundred thirty 50 of the vehicle and traffic law. 51 7. (a) In any proceeding pursuant to subdivision one of section 52 sixty-five of this article, it shall be an affirmative defense that such 53 person had produced a driver's license or non-driver identification card 54 apparently issued by a governmental entity, successfully completed the 55 transaction scan, and that the alcoholic beverage or marihuana products 56 had been sold, delivered or given to such person in reasonable relianceA. 3506 17 1 upon such identification and transaction scan. In evaluating the appli- 2 cability of such affirmative defense, the liquor authority shall take 3 into consideration any written policy adopted and implemented by the 4 seller to carry out the provisions of this chapter. Use of a transaction 5 scan shall not excuse any licensee under this chapter, or agent or 6 employee of such licensee, from the exercise of reasonable diligence 7 otherwise required by this section. Notwithstanding the above 8 provisions, any such affirmative defense shall not be applicable in any 9 other civil or criminal proceeding, or in any other forum. 10 (b) A licensee or agent or employee of a licensee may electronically 11 or mechanically record and maintain only the information from a trans- 12 action scan necessary to effectuate the purposes of this section. Such 13 information shall be limited to the following: (i) name, (ii) date of 14 birth, (iii) driver's license or non-driver identification number, and 15 (iv) expiration date. The liquor authority and the state commissioner of 16 motor vehicles shall jointly promulgate any regulation necessary to 17 govern the recording and maintenance of these records by a licensee 18 under this chapter. The liquor authority and the commissioner of health 19 shall jointly promulgate any regulations necessary to ensure quality 20 control in the use of transaction scan devices. 21 8. A licensee or agent or employee of such licensee shall only use the 22 information recorded and maintained through the use of such devices for 23 the purposes contained in paragraph (a) of subdivision seven of this 24 section, and shall only use such devices for the purposes contained in 25 subdivision two of this section. No licensee or agent or employee of a 26 licensee shall resell or disseminate the information recorded during 27 such scan to any third person. Such prohibited resale or dissemination 28 includes, but is not limited to, any advertising, marketing or promo- 29 tional activities. Notwithstanding the restrictions imposed by this 30 subdivision, such records may be released pursuant to a court ordered 31 subpoena or pursuant to any other statute that specifically authorizes 32 the release of such information. Each violation of this subdivision 33 shall be punishable by a civil penalty of not more than one thousand 34 dollars. 35 § 28. Section 140 of the alcoholic beverage control law, as amended by 36 chapter 810 of the laws of 1981, is amended to read as follows: 37 § 140. Applicability of chapter before local option. Until such time 38 as it shall become unlawful to sell alcoholic beverages or marihuana 39 products in any town or city by the vote of the voters in such town or 40 city in the manner provided in this article, all of the provisions of 41 this chapter shall apply throughout the entire state. This article shall 42 not apply to the Whiteface mountain ski center, owned by the state and 43 located in the town of Wilmington, county of Essex. 44 § 29. Section 141 of the alcoholic beverage control law, as amended by 45 chapter 319 of the laws of 2007, is amended to read as follows: 46 § 141. Local option for towns. 1. Not less than sixty days nor more 47 than seventy-five days before the general election in any town at which 48 the submission of the questions hereinafter stated is authorized by this 49 article, a petition signed by electors of the town to a number amounting 50 to twenty-five per centum of the votes cast in the town for governor at 51 the then last preceding gubernatorial election, acknowledged by the 52 signers or authenticated by witnesses as provided in the election law in 53 respect of a nominating petition, requesting the submission at such 54 election to the electors of the town of one or more of the following 55 questions, may be filed with the town clerk:A. 3506 18 1 Question 1. Tavern alcoholic beverage license. Shall a person be 2 allowed to obtain a license to operate a tavern with a limited-service 3 menu (sandwiches, salads, soups, etc.) which permits the tavern operator 4 to sell alcoholic beverages for a customer to drink while the customer 5 is within the tavern. In addition, unopened containers of beer (such as 6 six-packs and kegs) may be sold "to go" for the customer to open and 7 drink at another location (such as, for example, at his home)? 8 Question 2. Restaurant alcoholic beverage license. Shall the operator 9 of a full-service restaurant be allowed to obtain a license which 10 permits the restaurant operator to sell alcoholic beverages for a 11 customer to drink while the customer is within the restaurant. In addi- 12 tion, unopened containers of beer (such as six-packs and kegs) may be 13 sold "to go" for the customer to open and drink at another location 14 (such as, for example, at his home)? 15 Question 3. Year-round hotel alcoholic beverage license. Shall the 16 operator of a year-round hotel with a full-service restaurant be allowed 17 to obtain a license which permits the year-round hotel to sell alcoholic 18 beverages for a customer to drink while the customer is within the 19 hotel. In addition, unopened containers of beer (such as six-packs and 20 kegs) may be sold "to go" for the customer to open and drink at another 21 location (such as, for example, at his home)? 22 Question 4. Summer hotel alcoholic beverage license. Shall the opera- 23 tor of a summer hotel with a full-service restaurant, open for business 24 only within the period from May first to October thirty-first in each 25 year, be allowed to obtain a license which permits the summer hotel to 26 sell alcoholic beverages for a customer to drink while the customer is 27 within the hotel. In addition, unopened containers of beer (such as 28 six-packs and kegs) may be sold "to go" for the customer to open and 29 drink at another location (such as, for example, at his home)? 30 Question 5. Retail package liquor or wine store license. Shall a 31 person be allowed to obtain a license to operate a retail package 32 liquor-and-wine or wine-without-liquor store, to sell "to go" unopened 33 bottles of liquor or wine to a customer to be taken from the store for 34 the customer to open and drink at another location (such as, for exam- 35 ple, at his home)? 36 Question 6. Off-premises beer and wine cooler license. Shall the oper- 37 ator of a grocery store, drugstore or supply ship operating in the 38 harbors of Lake Erie be allowed to obtain a license which permits the 39 operator to sell "to go" unopened containers of beer (such as six-packs 40 and kegs) and wine coolers with not more than 6% alcohol to a customer 41 to be taken from the store for the customer to open and drink at another 42 location (such as, for example, at his home)? 43 Question 7. Baseball park, racetrack, athletic field or stadium 44 license. Shall a person be allowed to obtain a license which permits 45 the sale of beer for a patron's consumption while the patron is within a 46 baseball park, racetrack, or other athletic field or stadium where 47 admission fees are charged? 48 Question 8. Marihuana retailer license. Shall a person be allowed to 49 obtain a license to operate a retail marihuana store, to sell unopened 50 marihuana products to a customer to be taken from the store for the 51 customer to open and consume at another location (such as, for example, 52 at his home)? 53 Question 9. On-premises marihuana retailer license. Shall a person be 54 allowed to obtain a license to operate a facility where the service of 55 food is only incidental and permits the facility operator to sell mari-A. 3506 19 1 huana products for a customer to consume while the customer is within 2 the facility? 3 2. Upon the due filing of such petition complying with the foregoing 4 provisions, such questions shall be submitted in accordance therewith. 5 3. The town clerk shall, within five days from the filing of such 6 petition in his office, prepare and file in the office of the board of 7 elections, as defined by the election law, of the county, a certified 8 copy of such petition. Such questions may be submitted only at the time 9 of a general election. At least ten days before such general election, 10 the board of elections shall cause to be printed and posted in at least 11 four public places in such town, a notice of the fact that all of the 12 local option questions will be voted on at such general election; and 13 the said notice shall also be published at least five days before the 14 vote is to be taken once in a newspaper published in the county in which 15 such town is situated, which shall be a newspaper published in the town, 16 if there be one. Whenever such questions are to be submitted under the 17 provisions of this article the board of elections shall cause the proper 18 ballot labels to be printed and placed on all voting machines used in 19 the town in which such questions are to be submitted, in the form 20 prescribed by the election law in respect of other propositions or ques- 21 tions, upon the face of which shall be printed in full the said ques- 22 tions. Any elector qualified to vote for state officers shall be enti- 23 tled to vote upon such local option questions. As soon as the election 24 shall be held, a return of the votes cast and counted shall be made as 25 provided by law and the returns canvassed by the inspectors of election. 26 If a majority of the votes cast shall be in the negative on all or any 27 of the questions, no person shall, after such election, sell alcoholic 28 beverages or marihuana products in such town contrary to such vote or to 29 the provisions of this chapter; provided, however, that the result of 30 such vote shall not shorten the term for which any license may have been 31 lawfully issued under this chapter or affect the rights of the licensee 32 thereunder; and no person shall after such vote apply for or receive a 33 license to sell alcoholic beverages or marihuana products at retail in 34 such town contrary to such vote, until, by referendum as hereinafter 35 provided for, such sale shall again become lawful. 36 § 30. Subdivision 3 of section 142 of the alcoholic beverage control 37 law is amended to read as follows: 38 3. If a majority of the votes cast shall be in the negative on any or 39 all of the questions, no person shall, after such election, sell alco- 40 holic beverages or marihuana products in such city contrary to such vote 41 or to the provisions of this chapter; provided, however, that the result 42 of such vote shall not shorten the term for which any license may have 43 been lawfully issued under this chapter or affect the rights of the 44 licensee thereunder; and no person shall after such vote apply for or 45 receive a license to sell alcoholic beverages or marihuana products at 46 retail in such city contrary to such vote, until, by referendum as here- 47 inafter provided for, such sale shall again become lawful. 48 § 31. Subdivision 2 of section 147 of the alcoholic beverage control 49 law is amended to read as follows: 50 2. If at the time of any subsequent submission of such questions it 51 shall be lawful to sell alcoholic beverages or marihuana products and a 52 majority of the votes cast shall be in the negative on such questions, 53 then all of the provisions of this article applicable thereto shall 54 become effective. 55 § 32. Article 11 and sections 160, 161, 162, 163 and 164 of the alco- 56 holic beverage control law, article 11 and sections 160, 161, 162 andA. 3506 20 1 163 as renumbered by chapter 725 of the laws of 1954, are renumbered 2 article 12 and sections 200, 201, 202, 203 and 204. 3 § 33. The alcoholic beverage control law is amended by adding a new 4 article 11 to read as follows: 5 ARTICLE 11 6 PROVISIONS RELATING TO MARIHUANA 7 Section 165. Licenses issued. 8 166. Producers and processors not to be interested in retailers. 9 167. Actions taken pursuant to a valid license are lawful. 10 168. General prohibitions and restrictions. 11 169. Certain officials not to be interested in manufacture or 12 sale of marihuana. 13 170. Provisions governing initial rulemaking. 14 171. Provisions governing marihuana producers. 15 172. Provisions governing processors. 16 173. Provisions governing marihuana retailers. 17 174. Provisions governing marihuana retailers for consumption on 18 premises. 19 175. Advertising and forms of the issuance of licenses. 20 176. Packaging of marihuana products. 21 177. Labeling of marihuana products. 22 178. Renewals of licenses and permits. 23 179. Information to be requested in applications for licenses or 24 permits. 25 180. Notification to municipalities. 26 181. Licenses, publication, general provisions. 27 182. Revocation of licenses for cause. 28 183. Procedure for revocation or cancellation. 29 184. Decisions of liquor authority and review by the courts. 30 185. Minority and women business enterprises. 31 186. Disposition of moneys received for license fees. 32 187. Persons forbidden to traffic in marihuana. 33 188. Surrender of license; notice to police officials. 34 189. Authority to promulgate rules and regulations. 35 190. Protections for the use of marihuana. 36 191. Civil protections for the use of marihuana. 37 192. Professional and medical record keeping. 38 § 165. Licenses issued. The following kinds of licenses shall be 39 issued by the authority for the manufacture and sale of marihuana: 40 1. marihuana producer license; 41 2. marihuana processor license; 42 3. marihuana retailer license; 43 4. marihuana retailer license for consumption on the premises; and 44 5. any other type of licenses allowed by the authority. 45 § 166. Producers and processors not to be interested in retailers. 46 Neither a licensed producer nor a licensed processor shall have a direct 47 or indirect financial interest in a licensed marihuana retailer or a 48 marihuana retailer license for consumption on the premises. 49 § 167. Actions taken pursuant to a valid license are lawful. No 50 contracts related to the operation of licenses under this chapter shall 51 be deemed unenforceable on the basis that the actions permitted pursuant 52 to the license are prohibited by federal law. The following actions are 53 not unlawful as provided under this chapter, shall not be an offense 54 under New York law or the laws of any locality within New York, and 55 shall not result in any civil fine, seizure, or forfeiture of assets 56 against any person acting in accordance with this chapter:A. 3506 21 1 1. Actions of a licensee, its employees, and its agents, as permitted 2 by this chapter and consistent with rules and regulations of the author- 3 ity, pursuant to a valid license issued by the authority. 4 2. Actions of those who allow property to be used by a licensee, its 5 employees, and its agents, as permitted by this chapter and consistent 6 with rules and regulations of the authority, pursuant to a valid license 7 issued by the authority. 8 3. Actions of any person or entity, their employees, or their agents 9 providing a service to a licensee or potential licensee, as permitted by 10 this chapter and consistent with rules and regulations of the authority, 11 relating to the formation of a business. 12 4. The purchase, possession, or consumption of marihuana, as permitted 13 by this chapter and consistent with rules and regulations of the author- 14 ity, obtained from a validly licensed retailer. 15 § 168. General prohibitions and restrictions. 1. No marihuana products 16 may be imported or exported into New York state by a licensee from or to 17 a jurisdiction in which possession, transport, distribution of marihuana 18 or other marihuana related conduct remains illegal under the laws of 19 that jurisdiction. 20 2. (a) No person holding any license pursuant to this article to grow 21 or process marihuana may employ any person who has been convicted of a 22 class B violent felony offense, a class C violent felony offense, a 23 class D violent felony offense, or a class E violent felony offense as 24 defined by section 70.02 of the penal law, unless, subsequent to such 25 conviction, the person has received: (i) an executive pardon therefor 26 removing any civil disabilities incurred thereby; (ii) a certificate of 27 relief from disabilities or a certificate of good conduct pursuant to 28 article twenty-three of the correction law; (iii) other relief from 29 disabilities provided by law; or (iv) the written approval of the liquor 30 authority permitting such employment as provided in paragraph (b) of 31 this subdivision. 32 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 33 sion, if the liquor authority issues its written approval for the 34 employment by a licensee, in a specified capacity, of a person previous- 35 ly convicted of a felony or any of the offenses above enumerated in 36 paragraph (a) of this subdivision, such person, may, unless he or she is 37 subsequently convicted of a felony or any of such offenses, thereafter 38 be employed in the same capacity by any other licensee without the 39 further written approval of the authority unless the prior approval 40 given by the authority is terminated. 41 3. No license of any kind may be issued to a person under the age of 42 twenty-one years, nor shall any licensee employ anyone under the age of 43 twenty-one years. 44 § 169. Certain officials not to be interested in manufacture or sale 45 of marihuana. 1. Except as otherwise provided in section one hundred 46 twenty-eight-a of this chapter, it shall be unlawful for any police 47 commissioner, police inspector, captain, sergeant, roundsman, patrolman 48 or other police official or subordinate of any police department in the 49 state, to be either directly or indirectly interested in the manufacture 50 or sale of marihuana or to offer for sale, or recommend to any licensee 51 any marihuana. A person may not be denied any license granted under the 52 provisions of sections fifty-four, fifty-five, fifty-nine, sixty-three, 53 sixty-four, seventy-nine, eighty-one, or article seven of this chapter 54 solely on the grounds of being the spouse of a public servant described 55 in this subdivision. The solicitation or recommendation made to any 56 licensee, to purchase any marihuana by any police official or subordi-A. 3506 22 1 nate as hereinabove described, shall be presumptive evidence of the 2 interest of such official or subordinate in the manufacture or sale of 3 marihuana. 4 2. No elective village officer shall be subject to the limitations set 5 forth in subdivision one of this section unless such elective village 6 officer shall be assigned duties directly relating to the operation or 7 management of the police department. 8 § 170. Provisions governing initial rulemaking. 1. Within two hundred 9 forty days after the effective date of this article, the authority shall 10 perform such acts, prescribe such forms and make such rules, regulations 11 and orders as it may deem necessary or proper to fully effectuate the 12 provisions of this article. 13 2. The authority shall promulgate necessary rules and regulations 14 governing the licensing of marihuana producers, marihuana processors, 15 marihuana retailers and marihuana retailers for consumption on the prem- 16 ises, including: 17 (a) prescribing forms and establishing application, reinstatement, and 18 renewal fees; 19 (b) the qualifications for licensure; 20 (c) the books and records to be created and maintained by licensees, 21 the reports to be made thereon to the authority, and inspection of the 22 books and records; 23 (d) methods of producing, processing, and packaging marihuana, mari- 24 huana-infused products, and concentrated cannabis; conditions of sanita- 25 tion, and standards of ingredients, quality, and identity of marihuana 26 products produced, processed, packaged, or sold by licensees; and 27 (e) security requirements for marihuana retailers and premises where 28 marihuana products are produced or processed, and safety protocols for 29 licensees and their employees. 30 3. The liquor authority shall promulgate rules and regulations that 31 are calculated to: 32 (a) prevent the distribution of marihuana to persons under twenty-one 33 years of age; 34 (b) prevent the revenue from the sale of marihuana from going to crim- 35 inal enterprises, gangs, and cartels; 36 (c) prevent the diversion of marihuana from this state to other 37 states; 38 (d) prevent marihuana activity that is legal under state law from 39 being used as a cover or pretext for the trafficking of other illegal 40 drugs or other illegal activity; 41 (e) prevent violence and the use of firearms in the cultivation and 42 distribution of marihuana; 43 (f) prevent drugged driving and the exacerbation of other adverse 44 public health consequences associated with the use of marihuana; 45 (g) prevent the growing of marihuana on public lands and the attendant 46 public safety and environmental dangers posed by marihuana production on 47 public lands; and 48 (h) prevent the possession and use of marihuana on federal property. 49 4. Rules and regulations promulgated by the liquor authority pursuant 50 to subdivision three of this section shall not prohibit the operation of 51 marihuana establishments either expressly or through regulations that 52 make their operation unreasonably impracticable. 53 5. The liquor authority, in consultation with the department of agri- 54 culture and markets and the department of environmental conservation, 55 shall promulgate necessary rules and regulations governing the safeA. 3506 23 1 production of marihuana, including restrictions on the use of pesti- 2 cides. 3 § 171. Provisions governing marihuana producers. 1. No producer shall 4 sell, or agree to sell or deliver in the state any marihuana products, 5 as the case may be, except in sealed containers containing quantities in 6 accordance with size standards pursuant to rules adopted by the liquor 7 authority. Such containers shall have affixed thereto such labels as may 8 be required by the rules of the liquor authority, together with all 9 necessary New York state excise tax stamps, as required by law. 10 2. No producer shall transport marihuana products in any vehicle owned 11 and operated or hired and operated by such producer, unless there shall 12 be attached to or inscribed upon both sides of such vehicle a sign, 13 showing the name and address of the licensee, together with the follow- 14 ing inscription: "New York State Marihuana Producer License Number ..," 15 in uniform letters not less than three and one-half inches in height. In 16 lieu of such sign a producer may have in the cab of such vehicle a 17 photostatic copy of its current license issued by the authority, and 18 such copy duly authenticated by the authority. 19 3. No producer shall deliver any marihuana products, except in vehi- 20 cles owned and operated by such producer, or hired and operated by such 21 producer from a trucking or transportation company registered with the 22 liquor authority, and shall only make deliveries at the licensed prem- 23 ises of the purchaser. 24 4. Each producer shall keep and maintain upon the licensed premises, 25 adequate books and records of all transactions involving the producer 26 and sale of his or its products, which shall include all information 27 required by rules promulgated by the liquor authority. Each sale shall 28 be recorded separately on a numbered invoice, which shall have printed 29 thereon the number, the name of the licensee, the address of the 30 licensed premises, and the current license number. Such producer shall 31 deliver to the purchaser a true duplicate invoice stating the name and 32 address of the purchaser, the quantity purchased, description and the 33 price of the product, and a true, accurate and complete statement of the 34 terms and conditions on which such sale is made. Such books, records and 35 invoices shall be kept for a period of two years and shall be available 36 for inspection by any authorized representative of the liquor authority. 37 5. No producer shall furnish or cause to be furnished to any licensee, 38 any exterior or interior sign, printed, painted, electric or otherwise, 39 except as authorized by the liquor authority. The liquor authority may 40 make such rules as it deems necessary to carry out the purpose and 41 intent of this subdivision. 42 § 172. Provisions governing processors. 1. No processor shall be 43 engaged in any other business on the premises to be licensed; except 44 that nothing contained in this chapter shall prevent a marihuana produc- 45 er and a marihuana processor from operating on the same premises and 46 from a person holding both licenses. 47 2. No processor shall sell, or agree to sell or deliver in the state 48 any marihuana products, except in a sealed package containing quantities 49 in accordance with size standards pursuant to rules adopted by the 50 liquor authority. Such containers shall have affixed thereto such labels 51 as may be required by the rules of the liquor authority, together with 52 all necessary New York state excise tax stamps, as required by law. 53 3. Each processor shall have painted on the front window of the 54 licensed premises, or if there be no window, on a sign affixed to the 55 front of the building containing said licensed premises, the name of the 56 licensee together with the inscription, "New York State MarihuanaA. 3506 24 1 Processor or Marihuana Processor License Number ................"; as 2 the case may be, in uniform letters not less than three and one-half 3 inches in height. 4 4. No processor shall transport marihuana products in any vehicle 5 owned and operated or hired and operated by such processor, unless there 6 shall be attached to or inscribed upon both sides of such vehicle a 7 sign, showing the name and address of the licensee, together with the 8 following inscription: "New York State Marihuana Processor or Marihuana 9 Processor License Number .................," as the case may be, in 10 uniform letters not less than three and one-half inches in height. In 11 lieu of such sign, a processor may have in the cab of such vehicle a 12 photostatic copy of its current license issued by the authority, and 13 such copy duly authenticated by the authority. 14 5. No processor shall deliver any products, except in vehicles owned 15 and operated by such processor, or hired and operated by such processor 16 from a trucking or transportation company registered with the liquor 17 authority, and shall only make deliveries at the licensed premises of 18 the purchaser. 19 6. Each processor shall keep and maintain upon the licensed premises, 20 adequate books and records of all transactions involving the business 21 transacted by such processor, which shall show the amount of marihuana 22 products, purchased by such processor together with the names, license 23 numbers and places of business of the persons from whom the same was 24 purchased and the amount involved in such purchases, as well as the 25 amount of marihuana products sold by such processor together with the 26 names, addresses, and license numbers of such purchasers. Each sale 27 shall be recorded separately on a numbered invoice, which shall have 28 printed thereon the number, the name of the licensee, the address of the 29 licensed premises, and the current license number. Such processor shall 30 deliver to the purchaser a true duplicate invoice stating the name and 31 address of the purchaser, quantity purchased, description and the price 32 of the product, and a true, accurate and complete statement of the terms 33 and conditions on which such sale is made. Such books, records and 34 invoices shall be kept for a period of two years and shall be available 35 for inspection by any authorized representative of the liquor authority. 36 7. No processor shall furnish or cause to be furnished to any licen- 37 see, any exterior or interior sign, printed, painted, electric or other- 38 wise, unless authorized by the liquor authority. 39 § 173. Provisions governing marihuana retailers. 1. No retail license 40 shall be granted for any premises, unless the applicant shall be the 41 owner thereof, or shall be in possession of said premises under a lease, 42 management agreement or other agreement giving the applicant control 43 over the premises, in writing, for a term not less than the license 44 period. 45 2. No premises shall be licensed to sell marihuana products, unless 46 said premises shall be located in a store, the principal entrance to 47 which shall be from the street level and located on a public thorough- 48 fare in premises which may be occupied, operated or conducted for busi- 49 ness, trade or industry or on an arcade or sub-surface thoroughfare 50 leading to a railroad terminal. There may be not more than one addi- 51 tional entrance which shall be from the street level and located on and 52 giving access to and from a public or private parking lot or parking 53 area having space for not less than five automobiles. 54 3. No marihuana retail license shall be granted for any premises which 55 a license would not be allowed to sell at retail for consumption of 56 alcohol off the premises based on its proximity to a building occupiedA. 3506 25 1 exclusively as a school, church, synagogue or other place of worship 2 pursuant to the provisions of section one hundred five of this chapter. 3 4. No marihuana retail licensee shall offer for sale any marihuana 4 products in any other container, except in the original sealed package, 5 as received from the producer or processor. Such containers shall have 6 affixed thereto such labels as may be required by the rules of the 7 liquor authority, together with all New York state excise tax stamps, as 8 required by law. Such containers shall not be opened nor its contents 9 consumed on the premises where sold. 10 5. No marihuana retail licensee shall sell or transfer marihuana 11 products to any person under the age of twenty-one years. 12 6. No marihuana retail licensee shall sell alcoholic beverages on the 13 same premises where marihuana products are sold. 14 7. Each person licensed as a marihuana retailer shall have painted on 15 the front window of the licensed premises, the name of the licensee 16 together with the inscription, "New York State Retail Marihuana Store 17 License Number .........," as the case may be, in uniform letters not 18 less than three and one-half inches in height. 19 8. No sign of any kind printed, painted or electric, advertising any 20 brand shall be permitted on the exterior or interior of such premises, 21 except by permission of the liquor authority. 22 9. No retail licensee shall transport marihuana products in any vehi- 23 cle owned and operated or hired and operated by such retail licensee, 24 except products transported to the home of a purchaser not to be resold 25 by the purchaser, unless there shall be attached to or inscribed upon 26 both sides of such vehicle a sign, showing the name and address of the 27 licensee together with the following inscription, "New York State Retail 28 Marihuana Store License Number. . . . . . . . . . ," as the case may be, 29 in uniform letters not less than three and one-half inches in height, 30 except deliveries may be made in passenger type vehicles owned by the 31 licensee and operated by the licensee or his or her agent, or hired by 32 the licensee and operated by the licensee or his or her agent, provided 33 the person making the delivery shall have upon his or her person while 34 so delivering a photostatic copy of the current license issued by the 35 authority. In lieu of such sign, a retail licensee may have in the cab 36 of such vehicle a photostatic copy of its current license issued by the 37 authority, and such copy duly authenticated by the authority. 38 10. No retail licensee shall deliver any marihuana products except in 39 vehicles owned and operated by such licensee, or hired and operated by 40 such licensee from a trucking or transportation company registered with 41 the liquor authority, and shall only make such deliveries at the prem- 42 ises of the purchaser. 43 11. No retail licensee shall keep or permit to be kept upon the 44 licensed premises, any marihuana products in any unsealed container. 45 12. No retail licensee shall sell or deliver any marihuana products to 46 any person with knowledge of, or with reasonable cause to believe, that 47 the person to whom such marihuana products, has acquired the same for 48 the purpose of peddling them from place to place, or of selling or 49 giving them away in violation of the provisions of this chapter or in 50 violation of the rules and regulations of the liquor authority. 51 13. No premises licensed as a marihuana retailer shall be permitted to 52 remain open during a time when a premises licensed to sell liquor and/or 53 wine for off-premises consumption is not permitted to remain open pursu- 54 ant to the provisions of section one hundred five of this chapter. 55 14. Each marihuana retail licensee shall keep and maintain upon the 56 licensed premises, adequate books and records of all transactionsA. 3506 26 1 involving the business transacted by such licensee, which shall show the 2 amount of marihuana products, purchased by such licensee together with 3 the names, license numbers and places of business of the persons from 4 whom the same were purchased, and the amount involved in such purchases, 5 as well as the amount of marihuana products, sold by such licensee, and 6 the amount involved in each sale. Such books and records shall be avail- 7 able for inspection by any authorized representative of the liquor 8 authority. 9 15. No marihuana retail licensee shall be interested, directly or 10 indirectly, in any premises where marihuana products are produced or 11 processed or any other premises where marihuana products are sold at 12 retail, by stock ownership, interlocking directors, mortgage or lien on 13 any personal or real property or by any other means. 14 16. No marihuana retail licensee shall make or cause to be made any 15 loan to any person engaged in the production, processing or sale of 16 marihuana products. 17 17. All premises licensed under this section shall be subject to 18 inspection by any peace officer described in subdivision four of section 19 2.10 of the criminal procedure law acting pursuant to his or her special 20 duties, or police officer or any duly authorized representative of the 21 liquor authority, during the hours when the said premises are open for 22 the transaction of business. 23 § 174. Provisions governing marihuana retailers for consumption on 24 premises. 1. No marihuana retailer license for consumption on premises 25 shall be granted for a premises located in whole or in part inside the 26 boundaries of any city, village or town, unless the local legislative 27 body of such city, village or town, by resolution, expressly authorizes 28 the licensing of such facilities in such city, village or town. The 29 local legislative body may direct an appropriate officer, board or body 30 of such city, village or town as the local licensing authority to 31 authorize individual marihuana facility license applications. In cities 32 of one million or more residents, should the local legislative body 33 authorize such license, no marihuana retailer license for consumption on 34 premises shall be granted unless the community board established pursu- 35 ant to section twenty-eight hundred of the New York city charter with 36 jurisdiction over the area in which the premises will be located shall 37 also authorize such license. 38 2. No marihuana retailer license for on-premises consumption shall be 39 granted for any premises, unless the applicant shall be the owner there- 40 of, or shall be in possession of said premises under a lease, in writ- 41 ing, for a term not less than the license period except, however, that 42 such license may thereafter be renewed without the requirement of a 43 lease as herein provided. This subdivision shall not apply to premises 44 leased from government agencies, as defined under subdivision twelve-c 45 of section three of this chapter; provided, however, that the appropri- 46 ate administrator of such government agency provides some form of writ- 47 ten documentation regarding the terms of occupancy under which the 48 applicant is leasing said premises from the government agency for pres- 49 entation to the state liquor authority at the time of the license appli- 50 cation. Such documentation shall include the terms of occupancy between 51 the applicant and the government agency, including, but not limited to, 52 any short-term leasing agreements or written occupancy agreements. 53 3. No marihuana retailer license for on-premises consumption shall be 54 granted for any premises where a license would not be allowed to sell at 55 retail for consumption of alcohol on the premises based on its proximity 56 to a building occupied exclusively as a school, church, synagogue orA. 3506 27 1 other place of worship pursuant to the provisions of section one hundred 2 five of this chapter. 3 4. The authority may consider any or all of the following in determin- 4 ing whether public convenience and advantage and the public interest 5 will be promoted by the granting of licenses and permits for retail 6 license for on-premises consumption at a particular unlicensed location: 7 (a) The number, classes and character of licenses in proximity to the 8 location and in the particular municipality or subdivision thereof. 9 (b) Evidence that all necessary licenses and permits have been 10 obtained from the state and all other governing bodies. 11 (c) Effect of the grant of the license on vehicular traffic and park- 12 ing in proximity to the location. 13 (d) The existing noise level at the location and any increase in noise 14 level that would be generated by the proposed premises. 15 (e) The history of marihuana violations and reported criminal activity 16 at the proposed premises. 17 (f) Any other factors specified by law or regulation that are relevant 18 to determine the public convenience and advantage and public interest of 19 the community. 20 5. If the authority shall disapprove an application for a license or 21 permit, it shall state and file in its offices the reasons therefor and 22 shall notify the applicant thereof. Such applicant may thereupon apply 23 to the authority for a review of such action in a manner to be 24 prescribed by the rules of the authority. A hearing upon notice to the 25 applicant shall thereupon be held by the authority or by one of its 26 members at its office most conveniently situated to the office of its 27 duly authorized representative in a manner to be prescribed in its 28 rules; and on such hearing proof may be taken by oral testimony or by 29 affidavit relative thereto. After such hearing, if the authority 30 confirms such disapproval, it shall endorse such application accordingly 31 and shall send notice to the applicant of its action in such form as the 32 authority may prescribe. If the authority does not confirm the disap- 33 proval action it may grant such application and issue such license. 34 6. No marihuana retail licensee for on-premises consumption, except 35 persons or corporations operating a hotel, as defined in subdivision 36 fourteen of section three of this chapter, for exclusive use in the 37 furnishing of room service in the manner prescribed by rule or regu- 38 lation of the state liquor authority, shall keep upon the licensed prem- 39 ises any marihuana products, except those purchased from a licensed 40 producer, and in containers approved by the liquor authority. Such 41 containers shall have affixed thereto such labels as may be required by 42 the rules of the liquor authority, together with all necessary excise 43 stamps as required by law. No marihuana retail licensee for on-premises 44 consumption shall reuse, refill, tamper with, adulterate, dilute or 45 fortify the contents of any container of marihuana products as received 46 from the manufacturer or wholesaler. 47 7. No marihuana retail licensee for on-premises consumption shall 48 sell, deliver or give away, or cause or permit or procure to be sold, 49 delivered or given away any marihuana for consumption on the premises 50 where sold in a container or package containing more than one gram of 51 marihuana. 52 8. No marihuana products shall be sold, offered for sale or given away 53 upon any premises licensed to sell marihuana products for on-premises 54 consumption, during the following hours: (a) Sunday, from four ante 55 meridiem to twelve noon; or (b) on any other day between four ante meri- 56 diem and eight ante meridiem. If approved by the authority or ruleA. 3506 28 1 having been adopted in a county, further restrictions of hours of sale 2 for marihuana products shall be enforceable, such restricted hours shall 3 be the hours, during which the sale of marihuana products for on-premis- 4 es consumption shall not be permitted within such county. Nor shall any 5 person be permitted to consume any marihuana products upon any such 6 premises later than one-half hour after the start of the prohibited 7 hours of sale provided for in this section. 8 9. No person licensed to sell marihuana products for on-premises 9 consumption shall suffer or permit any gambling on the licensed prem- 10 ises, or suffer or permit such premises to become disorderly. The use of 11 the licensed premises, or any part thereof, for the sale of lottery 12 tickets, playing of bingo or games of chance, or as a simulcast facility 13 or simulcast theater pursuant to the racing, pari-mutuel wagering and 14 breeding law, when duly authorized and lawfully conducted thereon, shall 15 not constitute gambling within the meaning of this subdivision. 16 (a) No marihuana retail licensee for on-premises consumption shall 17 suffer or permit any person to appear on licensed premises in such 18 manner or attire as to expose to view any portion of the pubic area, 19 anus, vulva or genitals, or any simulation thereof, nor shall suffer or 20 permit any female to appear on licensed premises in such manner or 21 attire as to expose to view any portion of the breast below the top of 22 the areola, or any simulation thereof. 23 (b) No retail licensee for on-premises consumption shall suffer, 24 permit or promote an event on its premises wherein the contestants 25 deliver, or are not forbidden by the applicable rules thereof from 26 delivering kicks, punches or blows of any kind to the body of an oppo- 27 nent or opponents, whether or not the event consists of a professional 28 match or exhibition, and whether or not the event or any such act, or 29 both, is done for compensation; provided, however, that this prohibition 30 shall not be applied to any professional match or exhibition which 31 consists of boxing, sparring, wrestling, or martial arts and which is 32 excepted from the definition of the term "combative sport" contained in 33 subdivision one of section five-a of chapter nine hundred twelve of the 34 laws of nineteen hundred twenty. 35 (c) In addition to any other penalty provided by law, a violation of 36 this subdivision shall constitute an adequate ground for instituting a 37 proceeding to suspend, cancel or revoke the license of the violator in 38 accordance with the applicable procedures specified in section one 39 hundred nineteen of this chapter. 40 10. Except where a permit to do so is obtained pursuant to section 41 405.10 of the penal law, no retail licensee for on-premises consumption 42 shall suffer, permit, or promote an event on its premises wherein any 43 person shall use, explode, or cause to explode, any fireworks or other 44 pyrotechnics in a building as defined in paragraph e of subdivision one 45 of section 405.10 of the penal law, that is covered by such license or 46 possess such fireworks or pyrotechnics for such purpose. In addition to 47 any other penalty provided by law, a violation of this subdivision shall 48 constitute an adequate ground for instituting a proceeding to suspend, 49 cancel, or revoke the license of the violator in accordance with the 50 applicable procedures specified in section one hundred nineteen of this 51 chapter; provided however, if more than one licensee is participating in 52 a single event, upon approval by the authority, only one licensee must 53 obtain such permit. 54 11. No restaurant and no premises licensed to sell marihuana products 55 for on-premises consumption under paragraph (a) of subdivision six of 56 section sixty-four-a of this chapter shall be permitted to have anyA. 3506 29 1 opening or means of entrance or passageway for persons or things between 2 the licensed premises and any other room or place in the building 3 containing the licensed premises, or any adjoining or abutting premises, 4 unless ingress and egress is restricted by an employee, agent of the 5 licensee, or other approved method of controlling access to the facili- 6 ty, or unless such premises are a bona fide restaurant with such access 7 for patrons and guests from any part of such building or adjoining or 8 abutting premises as shall serve public convenience in a reasonable and 9 suitable manner; or unless such licensed premises are in a building 10 owned or operated by any county, town, city, village or public authority 11 or agency, in a park or other similar place of public accommodation. All 12 glass in any window or door on said licensed premises shall be clear and 13 shall not be opaque, colored, stained or frosted. 14 12. A vessel licensed to sell marihuana products for on-premises 15 consumption shall not be permitted to sell any marihuana products, while 16 said vessel is moored to a pier or dock, except that vessels sailing on 17 established schedules shall be permitted to sell marihuana products for 18 a period of three hours prior to the regular advertised sailing time. 19 13. Each retail licensee for on-premises consumption shall keep and 20 maintain upon the licensed premises, adequate records of all trans- 21 actions involving the business transacted by such licensee which shall 22 show the amount of marihuana products, in an applicable metric measure- 23 ment, purchased by such licensee together with the names, license 24 numbers and places of business of the persons from whom the same were 25 purchased, the amount involved in such purchases, as well as the sales 26 of marihuana products made by such licensee. The liquor authority is 27 hereby authorized to promulgate rules and regulations permitting an 28 on-premises licensee operating two or more premises separately licensed 29 to sell marihuana products for on-premises consumption to inaugurate or 30 retain in this state methods or practices of centralized accounting, 31 bookkeeping, control records, reporting, billing, invoicing or payment 32 respecting purchases, sales or deliveries of marihuana products, or 33 methods and practices of centralized receipt or storage of marihuana 34 products within this state without segregation or earmarking for any 35 such separately licensed premises, wherever such methods and practices 36 assure the availability, at such licensee's central or main office in 37 this state, of data reasonably needed for the enforcement of this chap- 38 ter. Such records shall be available for inspection by any authorized 39 representative of the liquor authority. 40 14. No retail licensee for on-premises consumption shall be inter- 41 ested, directly or indirectly, in any premises where marihuana products 42 are manufactured or sold at wholesale, by stock ownership, interlocking 43 directors, mortgage or lien on any personal or real property or by any 44 other means. 45 15. No retail licensee for on-premises consumption shall make or cause 46 to be made any loan to any person engaged in the manufacture or sale of 47 marihuana products at wholesale. 48 16. All retail licensed premises shall be subject to inspection by any 49 peace officer, acting pursuant to his or her special duties, or police 50 officer and by the duly authorized representatives of the liquor author- 51 ity, during the hours when the said premises are open for the trans- 52 action of business. 53 17. A retail licensee for on-premises consumption shall not provide 54 marihuana products to any person under the age of twenty-one or to any 55 person who is visibly impaired.A. 3506 30 1 § 175. Advertising and forms of the issuance of licenses. 1. The 2 liquor authority is hereby authorized to promulgate rules and regu- 3 lations governing the advertising of marihuana producers, marihuana 4 processors, marihuana retailers, and any marihuana related products or 5 services. 6 2. The liquor authority shall promulgate explicit rules prohibiting 7 advertising that: 8 (a) is false, deceptive, or misleading; 9 (b) promotes overconsumption; 10 (c) depicts consumption by children or other minors; 11 (d) is designed in any way to appeal to children or other minors; 12 (e) is within two hundred feet of the perimeter of a school grounds, 13 playground, child care center, public park, or library; 14 (f) is in public transit vehicles and stations; 15 (g) is in the form of an unsolicited internet pop-up; or 16 (h) is on publicly owned or operated property. 17 § 176. Packaging of marihuana products. 1. The liquor authority is 18 hereby authorized to promulgate rules and regulations governing the 19 packaging of marihuana products, sold or possessed for sale in New York 20 state. 21 2. Such regulations shall include requiring packaging meeting require- 22 ments similar to the federal "poison prevention packaging act of 1970," 23 15 U.S.C. Sec 1471 et seq. 24 3. Such regulations shall require that all marihuana infused products 25 shall have separate packaging for each serving. 26 § 177. Labeling of marihuana products. 1. The liquor authority is 27 hereby authorized to promulgate rules and regulations governing the 28 labeling and offering of marihuana products for sale within this state. 29 2. Such rules and regulations shall be calculated to: (a) prohibit 30 deception of the consumer; (b) afford adequate information as to quality 31 and identity of the product; and (c) achieve national uniformity in this 32 business. 33 3. The liquor authority may seek the assistance of the department of 34 health when necessary before promulgating rules and regulations under 35 this section. 36 4. Such regulations shall include requiring labels warning consumers 37 of any potential impact on human health resulting from the consumption 38 of marihuana products that shall be affixed to those products when sold, 39 if such labels are deemed warranted by the authority after consultation 40 with the department of health. 41 5. Such rules and regulations shall establish methods and procedures 42 for determining serving sizes for marihuana-infused products, active 43 cannabis concentration per serving size, and number of servings per 44 container. Such regulations shall also require a nutritional fact panel 45 that incorporates data regarding serving sizes and potency thereof. 46 6. Such rules and regulations shall require information containing the 47 license number of the marihuana producer and processor facilities where 48 the marihuana was grown and processed. 49 7. Such rules and regulations shall require a complete list of all 50 nonorganic pesticides, fungicides, and herbicides used during the culti- 51 vation of the marihuana. 52 8. Such rules and regulations shall require a cannabinoid potency 53 profile expressed as a range of percentages that extends from the lowest 54 percentage to highest percentage of concentration for each cannabinoid 55 listed from every test conducted on that strain of retail marihuana 56 cultivated by the same marihuana producer within the last three months.A. 3506 31 1 9. The packaging, sale, or possession by any licensee of any marihuana 2 product not labeled or offered in conformity with rules and regulations 3 promulgated in accordance with this section shall be grounds for the 4 imposition of a fine, and/or the suspension, revocation or cancellation 5 of the license. 6 § 178. Renewals of licenses and permits. 1. Each license and permit, 7 issued pursuant to this chapter may be renewed upon application therefor 8 by the licensee or permittee and the payment of the annual fee for such 9 license or permit as prescribed by this chapter. In the case of applica- 10 tions for renewals, the liquor authority may dispense with the require- 11 ments of such statements as it deems unnecessary in view of those 12 contained in the application made for the original license or permit, 13 but in any event the submission of photographs of the licensed premises 14 shall be dispensed with, provided the applicant for such renewal shall 15 file a statement with such authority to the effect that there has been 16 no alteration of such premises since the original license was issued. 17 The liquor authority may make such rules as may be necessary not incon- 18 sistent with this chapter regarding applications for renewals of 19 licenses and permits and the time for making the same. 20 2. The authority shall provide an application for renewal of a license 21 issued under this article not less than sixty days prior to the expira- 22 tion of the current license. 23 § 179. Information to be requested in applications for licenses or 24 permits. 1. The following shall be the information required on an appli- 25 cation for a license or permit: 26 (a) A statement of identity as follows: 27 (i) If the applicant is an individual, his or her name, date and place 28 of birth, citizenship, permanent home address, telephone number and 29 social security number, as well as any other names by which he or she 30 has conducted a business at any time. 31 (ii) If the applicant is a corporation, the corporate name of the 32 applicant, its place of incorporation, its main business address (and if 33 such main business address is not within the state, the address of its 34 main place of business within the state), other names by which it has 35 been known or has conducted business at any time, its telephone number, 36 its federal employer identification number, and the names, ages, citi- 37 zenship, and permanent home addresses of its directors, officers and its 38 shareholders (except that if there be more than ten shareholders then 39 those shareholders holding ten percent or more of any class of its 40 shares). 41 (iii) If the applicant is a partnership, its name, its main business 42 address (and if such main business address is not within the state, the 43 address of its main place of business within the state), other names by 44 which it has been known or has conducted business at any time, its tele- 45 phone number, its federal employer identification number, and the names, 46 ages, citizenship, and permanent home addresses of each of its partners. 47 (b) A statement identifying the street and number of the premises to 48 be licensed, if the premises has a street and number, and otherwise such 49 description as will reasonably indicate the locality thereof; photo- 50 graphs, drawings or other items related to the appearance of the interi- 51 or or exterior of such premises, and a floor plan of the interior, shall 52 be required. The applicant shall also state the nature of his or her 53 interest in the premises; and the name of any other person interested as 54 a partner, joint venturer, investor or lender with the applicant either 55 in the premises or in the business to be licensed.A. 3506 32 1 (c) A description of any other marihuana license or permit under this 2 chapter, within the past ten years, the applicant (including any offi- 3 cers, directors, shareholders or partners listed in the statement of 4 identity under paragraph (a) of this subdivision or the spouse of any 5 such person) or the applicant's spouse held or applied for. 6 (d) A statement that such applicant or the applicant's spouse has not 7 been convicted of a crime addressed by the provisions of section one 8 hundred eighty-seven of this article which would forbid the applicant 9 (including any officers, directors, shareholders or partners listed in 10 the statement of identity under paragraph (a) of this subdivision or the 11 spouse of such person) or the applicant's spouse to traffic in marihua- 12 na, a statement whether or not the applicant (including any officers, 13 directors, shareholders or partners listed in the statement of identity 14 under paragraph (a) of this subdivision or the spouse of any such 15 person) or the applicant's spouse is an official described in subdivi- 16 sion two of section one hundred sixty-eight of this article, and a 17 description of any crime that the applicant (including any officers, 18 directors, shareholders or partners listed under paragraph (a) of this 19 subdivision or the spouse of any such person) or the applicant's spouse 20 has been convicted of and whether such person has received a pardon, 21 certificate of good conduct or certificate of relief from disabilities; 22 provided, however, that no person shall be denied any license solely on 23 the grounds that such person is the spouse of a person otherwise 24 disqualified from holding a license under this chapter. 25 (e) A statement that the location and layout of the premises to be 26 licensed does not violate any requirement of this chapter relating to 27 location and layout of licensed premises, with a copy of the certificate 28 of occupancy for the premises. 29 (f) A statement that the applicant has control of the premises to be 30 licensed by ownership of a fee interest or via a leasehold, management 31 agreement, or other agreement giving the applicant control over the 32 premises, with a term at least as long as the license for which the 33 application is being made, or by a binding contract to acquire the same 34 and a statement of identity under paragraph (a) of this subdivision for 35 the lessor of any leasehold, manager of any management agreement, or 36 other agreement giving the applicant control over the premises, with a 37 copy of the lease, contract, management agreement, or other agreement 38 giving the applicant control over the food and beverage at the premises, 39 or deed evidencing fee ownership of the premises. 40 (g) A financial statement adequate to show all persons who, directly 41 or indirectly have an economic interest in the establishment or acquisi- 42 tion of the business for which the license or permit application is 43 being made, to identify the sources of funds to be applied in such 44 establishment or acquisition, and to describe the terms and conditions 45 governing such establishment with copies of such financial documents as 46 the authority may reasonably require. 47 (h) The fingerprints of the applicants. Fingerprints submitted by the 48 applicants shall be transmitted to the division of criminal justice 49 services and may be submitted to the federal bureau of investigation for 50 state and national criminal history record checks. 51 2. All license or permit applications shall be signed by the applicant 52 (if an individual), by an officer (if a corporation), or by all partners 53 (if a partnership). Each person signing such application shall verify it 54 or affirm it as true under the penalties of perjury.A. 3506 33 1 3. All license or permit applications shall be accompanied by a check, 2 draft or other forms of payment as the authority may require or author- 3 ize in the amount required by this article for such license or permit. 4 4. If there be any change, after the filing of the application or the 5 granting of a license, in any of the facts required to be set forth in 6 such application, a supplemental statement giving notice of such change, 7 cost and source of money involved in the change, duly verified, shall be 8 filed with the authority within ten days after such change. Failure to 9 do so shall, if willful and deliberate, be cause for revocation of the 10 license. 11 5. In giving any notice, or taking any action in reference to a licen- 12 see of a licensed premises, the authority may rely upon the information 13 furnished in such application and in any supplemental statement 14 connected therewith, and such information may be presumed to be correct, 15 and shall be binding upon a licensee or licensed premises as if correct. 16 All information required to be furnished in such application or supple- 17 mental statements shall be deemed material in any prosecution for perju- 18 ry, any proceeding to revoke, cancel or suspend any license, and in the 19 authority's determination to approve or deny the license. 20 6. The authority may in its discretion waive the submission of any 21 category of information described in this section for any category of 22 license or permit, provided that it shall not be permitted to waive the 23 requirement for submission of any such category of information solely 24 for an individual applicant or applicants. 25 § 180. Notification to municipalities. 1. Not less than thirty days 26 before filing any of the following applications, an applicant shall 27 notify the municipality in which the premises is located of such appli- 28 cant's intent to file such an application: 29 (a) for a marihuana producer; 30 (b) for a marihuana processor license; 31 (c) for a marihuana retailer license; and/or 32 (d) for a marihuana retailer license for on-premises consumption. 33 2. Such notification shall be made to the clerk of the village, town 34 or city, as the case may be, wherein the premises is located. For 35 purposes of this section: 36 (a) notification need only be given to the clerk of a village when the 37 premises is located within the boundaries of the village; and 38 (b) in the city of New York, the community board established pursuant 39 to section twenty-eight hundred of the New York city charter with juris- 40 diction over the area in which the premises is located shall be consid- 41 ered the appropriate public body to which notification shall be given. 42 3. For purposes of this section, "substantial corporate change" shall 43 mean: 44 (a) for a corporation, a change of eighty percent or more of the offi- 45 cers and/or directors, or a transfer of eighty percent or more of stock 46 of such corporation, or an existing stockholder obtaining eighty percent 47 or more of the stock of such corporation; and 48 (b) for a limited liability company, a change of eighty percent or 49 more of the managing members of the company, or a transfer of eighty 50 percent or more of ownership interest in said company, or an existing 51 member obtaining a cumulative of eighty percent or more of the ownership 52 interest in said company. 53 4. Such notification shall be made in such form as shall be prescribed 54 by the rules of the liquor authority. 55 5. A municipality may express an opinion for or against the granting 56 of such application. Any such opinion shall be deemed part of the recordA. 3506 34 1 upon which the liquor authority makes its determination to grant or deny 2 the application. 3 6. Such notification shall be made by: certified mail, return receipt 4 requested; overnight delivery service with proof of mailing; or personal 5 service upon the offices of the clerk or community board. 6 7. The liquor authority shall require such notification to be on a 7 standardized form that can be obtained on the internet or from the 8 liquor authority and such notification to include: 9 (a) the trade name or "doing business as" name, if any, of the estab- 10 lishment; 11 (b) the full name of the applicant; 12 (c) the street address of the establishment, including the floor 13 location or room number, if applicable; 14 (d) the mailing address of the establishment, if different than the 15 street address; 16 (e) the name, address and telephone number of the attorney or repre- 17 sentative of the applicant, if any; 18 (f) a statement indicating whether the application is for: 19 (i) a new establishment; 20 (ii) a transfer of an existing licensed business; 21 (iii) a renewal of an existing license; or 22 (iv) an alteration of an existing licensed premises; 23 (g) if the establishment is a transfer or previously licensed prem- 24 ises, the name of the old establishment and such establishment's license 25 serial number; 26 (h) in the case of a renewal or alteration application, the license 27 serial number of the applicant; and 28 (i) the type of license. 29 § 181. Licenses, publication, general provisions. 1. The various types 30 of licenses issued pursuant to this chapter shall be distinctive in 31 color and design so as to be readily distinguishable from each other. 32 2. No license shall be transferable or assignable except that notwith- 33 standing any other provision of law, the license of a sole proprietor 34 converting to corporate form, where such proprietor becomes the sole 35 stockholder and only officer and director of such new corporation, may 36 be transferred to the subject corporation if all requirements of this 37 chapter remain the same with respect to such license as transferred and, 38 further, the licensee shall transmit to the authority, within ten days 39 of the transfer of license allowable under this subdivision, on a form 40 prescribed by the authority, notification of the transfer of such 41 license. 42 3. No license shall be pledged or deposited as collateral security for 43 any loan or upon any other condition; and any such pledge or deposit, 44 and any contract providing therefor, shall be void. 45 4. Licenses issued under this article shall contain, in addition to 46 any further information or material to be prescribed by the rules of the 47 liquor authority, the following information: (a) name of person to whom 48 license is issued; (b) kind of license and what kind of traffic in mari- 49 huana is thereby permitted; (c) description by street and number, or 50 otherwise, of licensed premises; and (d) a statement in substance that 51 such license shall not be deemed a property or vested right, and that it 52 may be revoked at any time pursuant to law. 53 5. There shall be printed and furnished by the liquor authority to 54 each licensee a statement of the causes for which licenses may be 55 revoked. Such statement shall be prepared by the liquor authority and 56 delivered to the licensee with his or her license or as soon thereafterA. 3506 35 1 as may be practicable. Any amendments thereto shall also be sent by the 2 liquor authority to all licensees as soon as may be practicable after 3 such amendments. Failure to send such statements or changes therein, or 4 failure to receive the same, or any misstatement or error contained in 5 such statements or amendments shall, however, not be an excuse or justi- 6 fication for any violation of law, or prevent, or remit, or decrease any 7 penalty or forfeiture therefor. 8 6. Before commencing or doing any business for the time for which a 9 license has been issued said license shall be enclosed in a suitable 10 wood or metal frame having a clear glass space and a substantial wood or 11 metal back so that the whole of said license may be seen therein, and 12 shall be posted up and at all times displayed in a conspicuous place in 13 the room where such business is carried on, so that all persons visiting 14 such place may readily see the same. It shall be unlawful for any person 15 holding a license to post such license or to permit such license to be 16 posted upon premises other than the premises licensed, or upon premises 17 where traffic in marihuana is being carried on by any person other than 18 the licensee, or knowingly to deface, destroy or alter any such license 19 in any respect. Whenever a license shall be lost or destroyed without 20 fault on the part of the licensee or his or her agents or employees, a 21 duplicate license in lieu thereof may be issued by the liquor authority 22 in its discretion and in accordance with such rules and regulations and 23 the payment of such fees, not exceeding five dollars, as it may 24 prescribe. 25 § 182. Revocation of licenses for cause. 1. Any license or permit 26 issued pursuant to this article may be revoked, cancelled, suspended 27 and/or subjected to the imposition of a civil penalty for cause, and 28 must be revoked for the following causes: 29 (a) Conviction of the licensee, permittee or his or her agent or 30 employee for selling any illegal marihuana on the premises licensed. 31 (b) For transferring, assigning or hypothecating a license or permit. 32 2. Notwithstanding the issuance of a license or permit by way of 33 renewal, the liquor authority may revoke, cancel or suspend such license 34 or permit and/or may impose a civil penalty against any holder of such 35 license or permit, as prescribed by this section and section one hundred 36 nineteen of this chapter, for causes or violations occurring during the 37 license period immediately preceding the issuance of such license or 38 permit, and may recover, as provided in section one hundred twelve of 39 this chapter, the penal sum of the bond on file during said period. 40 3. As used in this section, the term "for cause" shall also include 41 the existence of a sustained and continuing pattern of noise, disturb- 42 ance, misconduct, or disorder on or about the licensed premises, related 43 to the operation of the premises or the conduct of its patrons, which 44 adversely affects the health, welfare or safety of the inhabitants of 45 the area in which such licensed premises are located. 46 4. The existence of a sustained and continuing pattern of noise, 47 disturbance, misconduct, or disorder on or about the licensed premises, 48 related to the operation of the premises or the conduct of its patrons, 49 will be presumed upon the sixth incident reported to the authority by a 50 law enforcement agency of noise or disturbance or misconduct or disorder 51 on or about the licensed premises or related to the operation of the 52 premises or the conduct of its patrons, in any sixty day period, absent 53 clear and convincing evidence of either fraudulent intent on the part of 54 any complainant or a factual error with respect to the content of any 55 report concerning such complaint relied upon by the authority.A. 3506 36 1 § 183. Procedure for revocation or cancellation. 1. Any license or 2 permit issued by the liquor authority pursuant to this article may be 3 revoked, cancelled or suspended and/or be subjected to the imposition of 4 a monetary penalty in the manner prescribed by this section. 5 2. The liquor authority may on its own initiative or on complaint of 6 any person institute proceedings to revoke, cancel or suspend any retail 7 license and may impose a civil penalty against the licensee after a 8 hearing at which the licensee shall be given an opportunity to be heard. 9 Such hearing shall be held in such manner and upon such notice as may be 10 prescribed by the rules of the liquor authority. 11 3. All other licenses or permits issued under this chapter may be 12 revoked, cancelled, suspended and/or made subject to the imposition of a 13 civil penalty by the liquor authority after a hearing to be held in the 14 manner to be determined by the rules of the liquor authority. 15 4. (a) The provisions of this subdivision shall apply in all cases of 16 licensee or permittee failure after receiving appropriate notice, to 17 comply with a summons, subpoena or warrant relating to a paternity or 18 child support proceeding and arrears in payment of child support or 19 combined child and spousal support referred to the authority by a court 20 pursuant to the requirements of section two hundred forty-four-c of the 21 domestic relations law or pursuant to section four hundred fifty-eight-b 22 or five hundred forty-eight-b of the family court act. 23 (b) Upon receipt of an order from the court based on arrears in 24 payment of child support or combined child and spousal support pursuant 25 to one of the foregoing provisions of law, the authority, if it finds 26 such person to have been issued a license or permit, shall within thirty 27 days of receipt of such order from the court, provide notice to the 28 licensee or permittee of, and initiate, a hearing which shall be held at 29 least twenty days and no more than thirty days after the sending of such 30 notice to the licensee or permittee. The hearing shall be solely held 31 for the purpose of determining whether there exists as of the date of 32 the hearing proof that full payment of all arrears of support estab- 33 lished by the order of the court to be due from the licensee or permit- 34 tee have been paid. Proof of such payment shall be a certified check 35 showing full payment of established arrears or a notice issued by the 36 court or the support collection unit, where the order is payable to the 37 support collection unit designated by the appropriate social services 38 district. Such notice shall state that full payment of all arrears of 39 support established by the order of the court to be due have been paid. 40 The licensee or permittee shall be given full opportunity to present 41 such proof of payment at the hearing in person or by counsel. The only 42 issue to be determined by the authority as a result of the hearing is 43 whether the arrears have been paid. No evidence with respect to the 44 appropriateness of the court order or ability of the respondent party in 45 arrears to comply with such order shall be received or considered by the 46 authority. 47 (c) Notwithstanding any inconsistent provision of this article or of 48 any other provision of law to the contrary, such license or permit shall 49 be suspended if at the hearing, provided for by paragraph (b) of this 50 subdivision, the licensee or permittee fails to present proof of payment 51 as required by such subdivision. Such suspension shall not be lifted 52 unless the court or the support collection unit, where the court order 53 is payable to the support collection unit designated by the appropriate 54 social services district, issues notice to the authority that full 55 payment of all arrears of support established by the order of the court 56 to be due have been paid.A. 3506 37 1 (d) Upon receipt of an order from the court based on failure to comply 2 with a summons, subpoena, or warrant relating to a paternity or child 3 support proceeding, the authority, if it finds such person has been 4 issued a license or permit, shall within thirty days of receipt of such 5 order from the court, provide notice to the licensee or permittee that 6 his or her license shall be suspended in sixty days unless the condi- 7 tions in paragraph (e) of this subdivision are met. 8 (e) Notwithstanding any inconsistent provision of this article or of 9 any other provision of law to the contrary, such license or permit shall 10 be suspended in accordance with the provisions of paragraph (c) of this 11 subdivision unless the court terminates its order to commence suspension 12 proceedings. Such suspension shall not be lifted unless the court issues 13 an order to the authority terminating its order to commence suspension 14 proceedings. 15 (f) The authority shall inform the court of all actions taken here- 16 under as required by law. 17 (g) This subdivision applies to support obligations paid pursuant to 18 any order of child support or child and spousal support issued under 19 provisions of section two hundred thirty-six or two hundred forty of the 20 domestic relations law, or article four, five or five-A of the family 21 court act. 22 (h) Notwithstanding any inconsistent provision of this article or of 23 any other provision of law to the contrary, the provisions of this 24 subdivision shall apply to the exclusion of any other requirements of 25 this article and to the exclusion of any other requirement of law to the 26 contrary. 27 5. Where a licensee is convicted of two or more qualifying offenses 28 within a five year period, the authority, upon receipt of notification 29 of such second or subsequent conviction pursuant to the provisions of 30 subdivision two of section one hundred six-a of this chapter, shall, in 31 addition to any other sanction or civil or criminal penalty imposed 32 pursuant to this chapter, impose on such licensee a civil penalty not to 33 exceed five hundred dollars. For purposes of this subdivision, a quali- 34 fying offense shall mean: (a) the offense defined in subdivision one of 35 section sixty-five of this chapter; or (b) the offense defined in para- 36 graph (b) of subdivision one of section sixty-five-b of this chapter. 37 For purposes of this subdivision, a conviction of a licensee or an 38 employee or agent of such licensee shall constitute a conviction of such 39 licensee. 40 § 184. Decisions of liquor authority and review by the courts. 41 Provisions of sections one hundred twenty, one hundred twenty-one and 42 one hundred twenty-four of this chapter shall apply to marihuana 43 licenses issued under this article. 44 § 185. Minority and women business enterprises. The liquor authority 45 shall: 46 1. actively promote racial, ethnic, and geographic diversity when 47 licensing marihuana growers, processors, and retailers; 48 2. encourage applicants who qualify as a minority and/or women busi- 49 ness enterprise, as defined in section three hundred ten of the execu- 50 tive law, to apply for licenses; and 51 3. in accordance with the Official Compilation of Codes, Rules and 52 Regulations of the State of New York Title 5, Department of Economic 53 Development, Chapter XIV, Division of Minority and Women's Business 54 Development, Part 141, submit an annual master goal plan to promote the 55 inclusion of: (a) minority-owned business enterprises; (b) women-ownedA. 3506 38 1 business enterprises; and (c) minority- and women-owned business enter- 2 prises with justifications for such goals. 3 § 186. Disposition of moneys received for license fees. The moneys 4 received for license fees for marihuana producer licenses, marihuana 5 processor licenses, and marihuana retailer licenses provided for in this 6 chapter shall be turned over by the liquor authority to the state comp- 7 troller. It shall be placed by the state comptroller in the fund derived 8 from the proceeds of the taxes on marihuana provided for in article 9 eighteen-A of the tax law and become a part thereof and be subject to 10 all of the provisions of law relating to such fund. 11 § 187. Persons forbidden to traffic in marihuana. The following 12 persons are forbidden to traffic in marihuana: 13 1. Except as provided in subdivision one-a of this section, a person 14 who has been convicted of a class B violent felony offense, a class C 15 violent felony offense, a class D violent felony offense, or a class E 16 violent felony offense as defined by section 70.02 of the penal law, 17 unless subsequent to such conviction such person shall have received an 18 executive pardon therefor removing this disability, a certificate of 19 good conduct granted by the department of corrections and community 20 supervision, or a certificate of relief from disabilities granted by the 21 department of corrections and community supervision or a court of this 22 state pursuant to the provisions of article twenty-three of the 23 correction law to remove the disability under this section because of 24 such conviction. 25 1-a. Notwithstanding the provision of subdivision one of this section, 26 a corporation holding a license to traffic in marihuana shall not, upon 27 conviction of a felony or any of the misdemeanors or offenses described 28 in subdivision one of this section, be automatically forbidden to traf- 29 fic in marihuana, but the application for a license by such a corpo- 30 ration shall be subject to denial, and the license of such a corporation 31 shall be subject to revocation or suspension by the authority pursuant 32 to section one hundred eighteen of this chapter, consistent with the 33 provisions of article twenty-three-A of the correction law. For any 34 felony conviction by a court other than a court of this state, the 35 authority may request the department of corrections and community super- 36 vision to investigate and review the facts and circumstances concerning 37 such a conviction, and such department shall, if so requested, submit 38 its findings to the authority as to whether the corporation has 39 conducted itself in a manner such that discretionary review by the 40 authority would not be inconsistent with the public interest. The 41 department of corrections and community supervision may charge the 42 licensee or applicant a fee equivalent to the expenses of an appropriate 43 investigation under this subdivision. For any conviction rendered by a 44 court of this state, the authority may request the corporation, if the 45 corporation is eligible for a certificate of relief from disabilities, 46 to seek such a certificate from the court which rendered the conviction 47 and to submit such a certificate as part of the authority's discretion- 48 ary review process. 49 2. A person under the age of twenty-one years. 50 3. A person who is not a citizen of the United States or an alien 51 lawfully admitted for permanent residence in the United States. 52 4. A co-partnership or a corporation, unless each member of the part- 53 nership, or each of the principal officers and directors of the corpo- 54 ration, is a citizen of the United States or an alien lawfully admitted 55 for permanent residence in the United States, not less than twenty-one 56 years of age, and has not been convicted of any felony or any of theA. 3506 39 1 misdemeanors, specified in section 230.20 or 230.40 of the penal law, or 2 if so convicted has received, subsequent to such conviction, an execu- 3 tive pardon therefor removing this disability a certificate of good 4 conduct granted by the department of corrections and community super- 5 vision, or a certificate of relief from disabilities granted by the 6 department of corrections and community supervision or a court of this 7 state pursuant to the provisions of article twenty-three of the 8 correction law to remove the disability under this section because of 9 such conviction; provided however that a corporation which otherwise 10 conforms to the requirements of this section and chapter may be licensed 11 if each of its principal officers and more than one-half of its direc- 12 tors are citizens of the United States or aliens lawfully admitted for 13 permanent residence in the United States; and provided further that a 14 corporation organized under the not-for-profit corporation law or the 15 education law which otherwise conforms to the requirements of this 16 section and chapter may be licensed if each of its principal officers 17 and more than one-half of its directors are not less than twenty-one 18 years of age and none of its directors are less than eighteen years of 19 age; and provided further that a corporation organized under the not- 20 for-profit corporation law or the education law and located on the prem- 21 ises of a college as defined by section two of the education law which 22 otherwise conforms to the requirements of this section and chapter may 23 be licensed if each of its principal officers and each of its directors 24 are not less than eighteen years of age. 25 5. (a) A person who shall have had any license issued under this chap- 26 ter revoked for cause, until the expiration of two years from the date 27 of such revocation. 28 (b) A person not licensed under the provisions of this chapter, who 29 has been convicted of a violation of this chapter, until the expiration 30 of two years from the date of such conviction. 31 6. A corporation or co-partnership, if any officer and director or any 32 partner, while not licensed under the provisions of this chapter, has 33 been convicted of a violation of this chapter, or has had a license 34 issued under this chapter revoked for cause, until the expiration of two 35 years from the date of such conviction or revocation. 36 § 188. Surrender of license; notice to police officials. Within three 37 days after a license shall have been revoked pursuant to this chapter, 38 notice thereof shall be given to the licensee by mailing such notice 39 addressed to him at the premises licensed. Notice shall also be mailed 40 to the owner of the premises licensed. The holder of such license shall 41 thereupon surrender same to the liquor authority. The mailing thereof by 42 the licensee to the liquor authority by registered mail or insured 43 parcel post shall be deemed sufficient compliance with this section. The 44 liquor authority, immediately upon giving notice of revocation, shall 45 serve a written notice thereof upon the commissioner of police, chief of 46 police or chief police officer of the city, or village in which the 47 premises for which the revoked license was issued is situated, or upon 48 the sheriff of the county or a constable of the town in case the license 49 was issued for premises situated in a town and not within any city or 50 village. Such notice shall include a statement of the number of such 51 license, the name and place of residence of the holder thereof, the 52 location of the licensed premises, and the date when such license was 53 revoked. In case such license be not forthwith surrendered, the liquor 54 authority shall issue a written demand for the surrender of such license 55 and deliver said demand to the sheriff of the county in which the 56 licensed premises are located, or to any representative of the liquorA. 3506 40 1 authority, and said sheriff or representative shall immediately take 2 possession of such license and return the same to the liquor authority. 3 § 189. Authority to promulgate rules and regulations. The liquor 4 authority shall promulgate and implement all rules and regulations as it 5 deems necessary to carry out the purpose and intent of this article. 6 § 190. Protections for the use of marihuana. Individuals and licensed 7 entities shall not be subject to arrest, prosecution, or penalty in any 8 manner, or denied any right or privilege, including but not limited to 9 civil liability or disciplinary action by a business or occupational or 10 professional licensing board or bureau, solely for conduct permitted 11 under this chapter. For the avoidance of doubt, the appellate division 12 of the supreme court of the state of New York, and any disciplinary or 13 character and fitness committees established by them are occupational 14 and professional licensing boards within the meaning of this section. 15 State or local law enforcement agencies shall not cooperate with or 16 provide assistance to the government of the United States or any agency 17 thereof in enforcing the Controlled Substance Act, 21, U.S.C. S8012 et 18 seq., solely for actions consistent with this chapter, except as pursu- 19 ant to a valid court order. 20 § 191. Civil protections for the use of marihuana. The presence, 21 detected or established by any means of cannabinoids, cannabinoid meta- 22 bolites or other chemicals found in marihuana in the body, fluids, 23 tissues or other body parts of a person engaged in conduct permitted 24 under this chapter by: 25 1. a student, employee, or tenant, shall not form the basis for 26 refusal to enroll or employ or lease to or otherwise penalize that 27 person, unless failing to do so would put the school, employer, or land- 28 lord in violation of federal law or cause it to lose a federal contract 29 or funding; 30 2. a patient, shall not constitute the use of an illicit substance 31 resulting in denial of medical care, including organ transplant, and a 32 patient's use of marihuana may only be considered with respect to 33 evidence-based clinical criteria; and 34 3. a parent or legal guardian of a child or newborn infant, or a preg- 35 nant woman, shall not form the sole or primary basis for any action or 36 proceeding by a child welfare agency under title one of article six of 37 the social services law, or a family court under article ten of the 38 family court act. 39 § 192. Professional and medical record keeping. Any professional 40 providing services in connection with a licensed or potentially licensed 41 business under this chapter, or in connection with other conduct permit- 42 ted under this chapter, and any medical professional providing medical 43 care to a patient, may agree with their client or patient to maintain no 44 record, or any reduced level of record keeping that professional and 45 client or patient may agree. In case of such agreement, the profes- 46 sional's only obligation shall be to keep such records as agreed, and to 47 keep a record of the agreement. Such reduced record keeping is conduct 48 permitted under this chapter, and shall attract the protections of 49 section one hundred ninety of this article. 50 § 34. The tax law is amended by adding a new article 18-A to read as 51 follows: 52 ARTICLE 18-A 53 PROVISIONS RELATING TO MARIHUANA 54 Section 446. Definitions. 55 447. Taxes imposed. 56 448. Surety bond.A. 3506 41 1 449. Collection of tax. 2 450. Fund. 3 450-a. Local taxes on marihuana by a city or town. 4 450-b. Ordinary and necessary expenses deductible from net 5 income. 6 § 446. Definitions. As used in this article: 7 1. "Concentrated cannabis" means (a) the separated resin, whether 8 crude or purified, obtained from a plant of the genus Cannabis; or (b) a 9 material, preparation, mixture, compound or other substance which 10 contains more than three percent by weight of delta-9 tetrahydrocannabi- 11 nol, or its isomer, delta-8 dibenzopyran numbering system, or delta-1 12 tetrahydrocannabinol or its isomer, delta 1 (6) monoterpene numbering 13 system. 14 2. "Marihuana" means all parts of the plant of the genus Cannabis, 15 whether growing or not; the seeds thereof; the resin extracted from any 16 part of the plant; and every compound, manufacture, salt, derivative, 17 mixture, or preparation of the plant, its seeds or resin. It does not 18 include the mature stalks of the plant, fiber produced from the stalks, 19 oil or cake made from the seeds of the plant, any other compound, manu- 20 facture, salt, derivative, mixture, or preparation of the mature stalks 21 (except the resin extracted therefrom), fiber, oil, or cake, or the 22 sterilized seed of the plant which is incapable of germination. It does 23 not include all parts of the plant Cannabis sativa L., whether growing 24 or not, having no more than three-tenths of one percent tetrahydrocanna- 25 binol (THC). 26 3. "Marihuana consumer" means a person twenty-one years of age or 27 older who purchased marihuana or marihuana products for personal use by 28 persons twenty-one years of age or older, but not for resale to others. 29 4. "Marihuana processor" means a person licensed by the state liquor 30 authority to purchase marihuana and concentrated cannabis from marihuana 31 producers, to process marihuana, concentrated cannabis, and marihuana 32 infused products, package and label marihuana, concentrated cannabis and 33 marihuana infused products for sale in retail outlets, and sell marihua- 34 na, concentrated cannabis and marihuana infused products at wholesale to 35 marihuana retailers. 36 5. "Marihuana producer" means a person licensed by the state liquor 37 authority to produce, process, and sell marihuana and concentrated 38 cannabis at wholesale to marihuana processors, marihuana retailers, or 39 other marihuana producers, but not to consumers. 40 6. "Marihuana products" means marihuana, concentrated cannabis, and 41 marihuana infused products. 42 7. "Marihuana-infused products" means products that contain marihuana, 43 marihuana extracts, or concentrated cannabis and are intended for human 44 use or consumption, such as, but not limited to, edible products, oint- 45 ments, and tinctures. 46 8. "Immature marihuana plant" means a marihuana plant with no observa- 47 ble flowers or buds. 48 9. "Marihuana retailer" means a person licensed by the state liquor 49 authority to purchase marihuana, concentrated cannabis, and marihuana- 50 infused products from marihuana producers and marihuana processors and 51 sell marihuana, marihuana infused products, and concentrated cannabis in 52 a retail outlet. 53 10. "Marihuana retailer for on-premises consumption" means a person 54 licensed by the state liquor authority to purchase marihuana, concen- 55 trated cannabis, and marihuana infused products from marihuana produc- 56 ers, marihuana retailers and marihuana processors and sell marihuanaA. 3506 42 1 products for a customer to consume while the customer is within the 2 facility. 3 § 447. Taxes imposed. 1. (a) An excise tax is hereby levied upon mari- 4 huana sold or otherwise transferred from a marihuana processor to a 5 retail marihuana store at a rate of: 6 (1) fifteen percent of the price at transfer; and 7 (2)(A) thirty-five dollars per ounce on all marihuana flowers; 8 (B) ten dollars per ounce on marihuana leaves; and 9 (C) five dollars per immature marihuana plant. 10 (b) Taxes on concentrated cannabis shall be calculated based on the 11 weight of the product used to create the concentrate. In the event that 12 a person holds both a marihuana producer license and a marihuana proces- 13 sors license, the excise tax shall be levied at the time of sale to a 14 marihuana retailer or marihuana retailer for on-premises consumption at 15 the same rate based on content of marihuana or concentrated cannabis 16 contained in the product sold. 17 2. For reporting periods beginning on or after July first, two thou- 18 sand seventeen, the rates of tax under subdivision one of this section 19 shall be adjusted for each biennium according to the cost-of-living 20 adjustment for the calendar year. The department shall re-compute the 21 rates for each biennium by adding to each rate in subdivision one of 22 this section the product obtained by multiplying the rate by a factor 23 that is equal to 0.25 multiplied by the percentage (if any) by which the 24 monthly averaged U.S. City Average Consumer Price Index for the twelve 25 consecutive months ending August thirty-first of the prior calendar year 26 exceeds the monthly averaged U.S. City Average Consumer Price Index for 27 the twelve consecutive months ending August thirty-first, two thousand 28 fifteen. 29 3. The department shall regularly review the rates of the tax under 30 subdivision one of this section and make recommendations to the legisla- 31 ture regarding appropriate adjustments to the rates that will further 32 the purposes of: 33 (a) maximizing net revenue; 34 (b) minimizing the illegal marihuana industry; and 35 (c) discouraging the use of marihuana by minors under twenty-one years 36 of age. 37 § 448. Surety bond. Marihuana retailer applicants are required to 38 submit a surety bond with the department equal to two months of the 39 cultivation facility's anticipated retail marihuana excise tax. The 40 surety bond must be issued by a company authorized to do business in the 41 state. Proof of surety bond is required for approval of applicant's 42 retail license. 43 § 449. Collection of tax. This tax shall be collected by the commis- 44 sioner who shall establish a procedure for the collection of this tax. 45 § 450. Fund. Proceeds from the tax shall be given to the state comp- 46 troller for placement in a fund that shall be known as a marihuana 47 revenue fund. Fifteen percent of the revenue collected in the marihuana 48 revenue fund shall be divided equally between (a) the division of crimi- 49 nal justice services for re-entry support services for individuals 50 released from prison after serving time for drug related offenses; (b) 51 the office of alcoholism and substance abuse services for drug abuse 52 prevention and treatment programs; and (c) the department of labor for 53 apprenticeship and job training programs targeting, with preference 54 given to programs targeting census tracts with a poverty rate of at 55 least twenty percent or an unemployment rate of at least one and one 56 quarter times the New York state unemployment rate. The remainder of theA. 3506 43 1 revenue collected from this tax shall go into the general fund. For the 2 first five years of the fund, ten percent of the annual proceeds 3 collected in the marihuana revenue fund shall be provided to the state 4 liquor authority for program administration costs. 5 § 450-a. Local taxes on marihuana by a city or town. Any city or town 6 in this state, acting through its local legislative body, is hereby 7 authorized and empowered to adopt and amend local laws imposing in any 8 such city or town a sales tax on marihuana retailers at a rate of five 9 percent of the sale price of marihuana products sold to a marihuana 10 consumer. Any taxes imposed pursuant to the authority of this section 11 shall be administered and collected by the tax commission in the same 12 manner as the taxes imposed under section four hundred forty-nine of 13 this article. The commissioner is hereby empowered to make such 14 provisions as it deems necessary for the joint administration and 15 collection of the state and local taxes imposed and authorized by this 16 article. 17 § 450-b. Ordinary and necessary expenses deductible from net income. 18 Notwithstanding any federal tax law to the contrary, in computing net 19 income for businesses exempted from criminal penalties under articles 20 two hundred twenty and two hundred twenty-one of the penal law and arti- 21 cle eleven of the alcoholic beverage control law, there shall be allowed 22 as a deduction from state taxes all the ordinary and necessary expenses 23 paid or incurred during the taxable year in carrying on any trade or 24 business, including, but not limited to, reasonable allowance for sala- 25 ries or other compensation for personal services actually rendered. 26 § 35. Paragraphs (i), (j) and (k) of subdivision 3 of section 160.50 27 of the criminal procedure law, paragraphs (i) and (j) as added by chap- 28 ter 905 of the laws of 1977 and paragraph (k) as added by chapter 835 of 29 the laws of 1977 and as relettered by chapter 192 of the laws of 1980, 30 are amended to read as follows: 31 (i) prior to the filing of an accusatory instrument in a local crimi- 32 nal court against such person, the prosecutor elects not to prosecute 33 such person. In such event, the prosecutor shall serve a certification 34 of such disposition upon the division of criminal justice services and 35 upon the appropriate police department or law enforcement agency which, 36 upon receipt thereof, shall comply with the provisions of paragraphs 37 (a), (b), (c) and (d) of subdivision one of this section in the same 38 manner as is required thereunder with respect to an order of a court 39 entered pursuant to said subdivision one[.]; or 40 (j) following the arrest of such person, the arresting police agency, 41 prior to the filing of an accusatory instrument in a local criminal 42 court but subsequent to the forwarding of a copy of the fingerprints of 43 such person to the division of criminal justice services, elects not to 44 proceed further. In such event, the head of the arresting police agency 45 shall serve a certification of such disposition upon the division of 46 criminal justice services which, upon receipt thereof, shall comply with 47 the provisions of paragraphs (a), (b), (c) and (d) of subdivision one of 48 this section in the same manner as is required thereunder with respect 49 to an order of a court entered pursuant to said subdivision one[.]; or 50 (k) (i) The accusatory instrument alleged a violation of article two 51 hundred twenty or section 240.36 of the penal law, prior to the taking 52 effect of article two hundred twenty-one of the penal law, or a 53 violation of article two hundred twenty-one of the penal law; (ii) the 54 sole controlled substance involved is [marijuana] marihuana; and (iii) 55 the conviction was only for a violation or violations[; and (iv) at56least three years have passed since the offense occurred].A. 3506 44 1 § 36. Subdivision 1 of section 170.56 of the criminal procedure law, 2 as amended by chapter 360 of the laws of 1977, is amended to read as 3 follows: 4 1. Upon or after arraignment in a local criminal court upon an infor- 5 mation, a prosecutor's information or a misdemeanor complaint, where the 6 sole remaining count or counts charge a violation or violations of 7 section 221.05, [221.10,] 221.15, 221.35 or 221.40 of the penal law and 8 before the entry of a plea of guilty thereto or commencement of a trial 9 thereof, the court, upon motion of a defendant, may order that all 10 proceedings be suspended and the action adjourned in contemplation of 11 dismissal, or upon a finding that adjournment would not be necessary or 12 appropriate and the setting forth in the record of the reasons for such 13 findings, may dismiss in furtherance of justice the accusatory instru- 14 ment; provided, however, that the court may not order such adjournment 15 in contemplation of dismissal or dismiss the accusatory instrument if: 16 (a) the defendant has previously been granted such adjournment in 17 contemplation of dismissal, or (b) the defendant has previously been 18 granted a dismissal under this section, or (c) the defendant has previ- 19 ously been convicted of any offense involving controlled substances, or 20 (d) the defendant has previously been convicted of a crime and the 21 district attorney does not consent or (e) the defendant has previously 22 been adjudicated a youthful offender on the basis of any act or acts 23 involving controlled substances and the district attorney does not 24 consent. Notwithstanding the limitations set forth in this subdivision, 25 the court may order that all proceedings be suspended and the action 26 adjourned in contemplation of dismissal based upon a finding of excep- 27 tional circumstances. For purposes of this subdivision, exceptional 28 circumstances exist when, regardless of the ultimate disposition of the 29 case, the entry of a plea of guilty is likely to result in severe colla- 30 teral consequences, including, but not limited to, those that could 31 leave a noncitizen inadmissible or removable from the United States. 32 § 37. Section 210.46 of the criminal procedure law, as amended by 33 chapter 360 of the laws of 1977, is amended to read as follows: 34 § 210.46 Adjournment in contemplation of dismissal in marihuana cases 35 in a superior court. 36 Upon or after arraignment in a superior court upon an indictment where 37 the sole remaining count or counts charge a violation or violations of 38 section 221.05, [221.10,] 221.15, 221.35 or 221.40 of the penal law and 39 before the entry of a plea of guilty thereto or commencement of a trial 40 thereof, the court, upon motion of a defendant, may order that all 41 proceedings be suspended and the action adjourned in contemplation of 42 dismissal or may dismiss the indictment in furtherance of justice, in 43 accordance with the provisions of section 170.56 of this chapter. 44 § 38. Paragraphs (h) and (i) of subdivision 1 of section 440.10 of the 45 criminal procedure law, paragraph (h) as amended by chapter 332 of the 46 laws of 2010 and paragraph (i) as amended by chapter 368 of the laws of 47 2015, are amended and a new paragraph (j) is added to read as follows: 48 (h) The judgment was obtained in violation of a right of the defendant 49 under the constitution of this state or of the United States; [or] 50 (i) The judgment is a conviction where the arresting charge was under 51 section 240.37 (loitering for the purpose of engaging in a prostitution 52 offense, provided that the defendant was not alleged to be loitering for 53 the purpose of patronizing a person for prostitution or promoting pros- 54 titution) or 230.00 (prostitution) or 230.03 (prostitution in a school 55 zone) of the penal law, and the defendant's participation in the offense 56 was a result of having been a victim of sex trafficking under sectionA. 3506 45 1 230.34 of the penal law, labor trafficking under section 135.35 of the 2 penal law, aggravated labor trafficking under section 135.37 of the 3 penal law, compelling prostitution under section 230.33 of the penal 4 law, or trafficking in persons under the Trafficking Victims Protection 5 Act (United States Code, title 22, chapter 78); provided that 6 (i) a motion under this paragraph shall be made with due diligence, 7 after the defendant has ceased to be a victim of such trafficking or 8 compelling prostitution crime or has sought services for victims of such 9 trafficking or compelling prostitution crime, subject to reasonable 10 concerns for the safety of the defendant, family members of the defend- 11 ant, or other victims of such trafficking or compelling prostitution 12 crime that may be jeopardized by the bringing of such motion, or for 13 other reasons consistent with the purpose of this paragraph; and 14 (ii) official documentation of the defendant's status as a victim of 15 trafficking, compelling prostitution or trafficking in persons at the 16 time of the offense from a federal, state or local government agency 17 shall create a presumption that the defendant's participation in the 18 offense was a result of having been a victim of sex trafficking, compel- 19 ling prostitution or trafficking in persons, but shall not be required 20 for granting a motion under this paragraph[.]; or 21 (j) The judgment occurred prior to the effective date of this para- 22 graph and is a conviction for: 23 (i) an offense as defined by section 221.10 of the penal law (criminal 24 possession of marihuana in the fifth degree), as in effect prior to the 25 effective date of this paragraph, provided that the accusatory instru- 26 ment that underlies the judgment does not include an allegation that the 27 defendant possessed more than twenty-five grams of marihuana; or 28 (ii) an offense as defined by former section 221.35 of the penal law 29 (criminal sale of marihuana in the fifth degree). 30 § 39. Subdivision 6 of section 440.10 of the criminal procedure law, 31 as added by chapter 332 of the laws of 2010, is amended to read as 32 follows: 33 6. If the court grants a motion under paragraph (i) or paragraph (j) 34 of subdivision one of this section, it must vacate the judgment and 35 dismiss the accusatory instrument, and may take such additional action 36 as is appropriate in the circumstances. 37 § 40. Section 440.46 of the criminal procedure law, as added by 38 section 9 of part AAA of chapter 56 of the laws of 2009, subdivision 1 39 as amended by section 79 of subpart B of part C of chapter 62 of the 40 laws of 2011, is amended to read as follows: 41 § 440.46 Motion for resentence; certain controlled substance offenders. 42 1. A person may, upon notice to the appropriate district attorney, 43 apply for resentencing or redesignation to a determinate sentence, 44 subject to the following criteria: 45 a. Any person in the custody of the department of corrections and 46 community supervision convicted of a class B felony offense defined in 47 article two hundred twenty of the penal law which was committed prior to 48 January thirteenth, two thousand five, who is serving an indeterminate 49 sentence with a maximum term of more than three years, may[, except as50provided in subdivision five of this section, upon notice to the appro-51priate district attorney,] apply to be resentenced to a determinate 52 sentence in accordance with sections 60.04 and 70.70 of the penal law in 53 the court which imposed the sentence. 54 [2.] (i) As part of any such application, the defendant may also move 55 to be resentenced to a determinate sentence in accordance with section 56 70.70 of the penal law for any one or more class C, D, or E felonyA. 3506 46 1 offenses defined in article two hundred twenty or two hundred twenty-one 2 of the penal law, the sentence or sentences for which were imposed by 3 the sentencing court at the same time or were included in the same order 4 of commitment as such class B felony. 5 (ii) The provisions of this paragraph shall not apply to any person 6 who is serving a sentence on a conviction for or has a predicate felony 7 conviction for an exclusion offense. For purposes of this subdivision, 8 an "exclusion offense" is: (a) a crime for which the person was previ- 9 ously convicted within the preceding ten years, excluding any time 10 during which the offender was incarcerated for any reason between the 11 time of commission of the previous felony and the time of commission of 12 the present felony, which was: (1) a violent felony offense as defined 13 in section 70.02 of the penal law; or (2) any other offense for which a 14 merit time allowance is not available pursuant to subparagraph (ii) of 15 paragraph (d) of subdivision one of section eight hundred three of the 16 correction law; or (b) a second violent felony offense pursuant to 17 section 70.04 of the penal law or a persistent violent felony offense 18 pursuant to section 70.08 of the penal law for which the person has 19 previously been adjudicated. 20 b. A person currently serving a sentence for a conviction, whether by 21 trial or by plea, of an offense defined in the former sections 221.25, 22 221.30, 221.50, or 221.55 and sections 221.15, 221.20, 221.35, or 221.45 23 of the penal law prior to the effective date of this paragraph may apply 24 to be resentenced to a determinate sentence in accordance with sections 25 221.15, 221.20, 221.35, 221.40, or 221.45 of the penal law, as amended, 26 in the court which imposed the sentence. 27 c. A person who has completed his or her sentence for a conviction, 28 whether by trial or by plea, of an offense in the former sections 29 221.25, 221.30, 221.50, or 221.55 of the penal law prior to the effec- 30 tive date of this paragraph may apply for re-designation of their 31 conviction to a determinate conviction in accordance with sections 32 221.15, 221.20, 221.35, 221.40, or 221.45 of the penal law, as amended, 33 in the court which imposed the sentence. 34 [3.] 2. The provisions of section twenty-three of chapter seven 35 hundred thirty-eight of the laws of two thousand four shall govern the 36 proceedings on and determination of a motion brought pursuant to this 37 section; provided, however that the court's consideration of the insti- 38 tutional record of confinement of such person shall include but not be 39 limited to such person's participation in or willingness to participate 40 in treatment or other programming while incarcerated and such person's 41 disciplinary history. The fact that a person may have been unable to 42 participate in treatment or other programming while incarcerated despite 43 such person's willingness to do so shall not be considered a negative 44 factor in determining a motion pursuant to this section. 45 [4.] 3. Subdivision one of section seven hundred seventeen and subdi- 46 vision four of section seven hundred twenty-two of the county law, and 47 the related provisions of article eighteen-A of such law, shall apply to 48 the preparation of and proceedings on motions pursuant to this section, 49 including any appeals. 50 [5. The provisions of this section shall not apply to any person who51is serving a sentence on a conviction for or has a predicate felony52conviction for an exclusion offense. For purposes of this subdivision,53an "exclusion offense" is:54(a) a crime for which the person was previously convicted within the55preceding ten years, excluding any time during which the offender was56incarcerated for any reason between the time of commission of the previ-A. 3506 47 1ous felony and the time of commission of the present felony, which was:2(i) a violent felony offense as defined in section 70.02 of the penal3law; or (ii) any other offense for which a merit time allowance is not4available pursuant to subparagraph (ii) of paragraph (d) of subdivision5one of section eight hundred three of the correction law; or6(b) a second violent felony offense pursuant to section 70.04 of the7penal law or a persistent violent felony offense pursuant to section870.08 of the penal law for which the person has previously been adjudi-9cated.] 10 4. Under no circumstances may resentencing under this section result 11 in the imposition of a term longer than the original sentence. 12 5. Nothing in this section is intended to diminish or abrogate any 13 rights or remedies otherwise available to the petitioner or applicant. 14 § 41. Paragraph (c) of subdivision 8 of section 700.05 of the criminal 15 procedure law, as amended by chapter 37 of the laws of 2014, is amended 16 to read as follows: 17 (c) Criminal possession of a controlled substance in the seventh 18 degree as defined in section 220.03 of the penal law, criminal 19 possession of a controlled substance in the fifth degree as defined in 20 section 220.06 of the penal law, criminal possession of a controlled 21 substance in the fourth degree as defined in section 220.09 of the penal 22 law, criminal possession of a controlled substance in the third degree 23 as defined in section 220.16 of the penal law, criminal possession of a 24 controlled substance in the second degree as defined in section 220.18 25 of the penal law, criminal possession of a controlled substance in the 26 first degree as defined in section 220.21 of the penal law, criminal 27 sale of a controlled substance in the fifth degree as defined in section 28 220.31 of the penal law, criminal sale of a controlled substance in the 29 fourth degree as defined in section 220.34 of the penal law, criminal 30 sale of a controlled substance in the third degree as defined in section 31 220.39 of the penal law, criminal sale of a controlled substance in the 32 second degree as defined in section 220.41 of the penal law, criminal 33 sale of a controlled substance in the first degree as defined in section 34 220.43 of the penal law, criminally possessing a hypodermic instrument 35 as defined in section 220.45 of the penal law, criminal sale of a 36 prescription for a controlled substance or a controlled substance by a 37 practitioner or pharmacist as defined in section 220.65 of the penal 38 law, criminal possession of methamphetamine manufacturing material in 39 the second degree as defined in section 220.70 of the penal law, crimi- 40 nal possession of methamphetamine manufacturing material in the first 41 degree as defined in section 220.71 of the penal law, criminal 42 possession of precursors of methamphetamine as defined in section 220.72 43 of the penal law, unlawful manufacture of methamphetamine in the third 44 degree as defined in section 220.73 of the penal law, unlawful manufac- 45 ture of methamphetamine in the second degree as defined in section 46 220.74 of the penal law, unlawful manufacture of methamphetamine in the 47 first degree as defined in section 220.75 of the penal law, unlawful 48 disposal of methamphetamine laboratory material as defined in section 49 220.76 of the penal law, operating as a major trafficker as defined in 50 section 220.77 of the penal law, [criminal possession of marihuana in51the first degree as defined in section 221.30 of the penal law, criminal52sale of marihuana in the first degree as defined in section 221.55 of53the penal law,] promoting gambling in the second degree as defined in 54 section 225.05 of the penal law, promoting gambling in the first degree 55 as defined in section 225.10 of the penal law, possession of gambling 56 records in the second degree as defined in section 225.15 of the penalA. 3506 48 1 law, possession of gambling records in the first degree as defined in 2 section 225.20 of the penal law, and possession of a gambling device as 3 defined in section 225.30 of the penal law; 4 § 42. Paragraphs (b) and (c) of subdivision 4-b and subdivisions 6 and 5 9 of section 1310 of the civil practice law and rules, paragraphs (b) 6 and (c) of subdivision 4-b as added by chapter 655 of the laws of 1990 7 and subdivisions 6 and 9 as added by chapter 669 of the laws of 1984, 8 are amended to read as follows: 9 (b) on three or more occasions, engaging in conduct constituting a 10 violation of any of the felonies defined in section 220.09, 220.16, 11 220.18, 220.21, 220.31, 220.34, 220.39, 220.41[,] or 220.43 [or 221.55] 12 of the penal law, which violations do not constitute a single criminal 13 offense as defined in subdivision one of section 40.10 of the criminal 14 procedure law, or a single criminal transaction, as defined in paragraph 15 (a) of subdivision two of section 40.10 of the criminal procedure law, 16 and at least one of which resulted in a conviction of such offense, or 17 where the accusatory instrument charges one or more of such felonies, 18 conviction upon a plea of guilty to a felony for which such plea is 19 otherwise authorized by law; or 20 (c) a conviction of a person for a violation of section 220.09, 21 220.16, 220.34 or 220.39 of the penal law, [or a conviction of a crimi-22nal defendant for a violation of section 221.30 of the penal law,] or 23 where the accusatory instrument charges any such felony, conviction upon 24 a plea of guilty to a felony for which the plea is otherwise authorized 25 by law, together with evidence which: (i) provides substantial indicia 26 that the defendant used the real property to engage in a continual, 27 ongoing course of conduct involving the unlawful mixing, compounding, 28 manufacturing, warehousing, or packaging of controlled substances [or29where the conviction is for a violation of section 221.30 of the penal30law, marijuana,] as part of an illegal trade or business for gain; and 31 (ii) establishes, where the conviction is for possession of a controlled 32 substance [or where the conviction is for a violation of section 221.3033of the penal law, marijuana], that such possession was with the intent 34 to sell it. 35 [6. "Pre-conviction forfeiture crime" means only a felony defined in36article two hundred twenty or section 221.30 or 221.55 of the penal37law.] 38 9. "Criminal defendant" means a person who has criminal liability for 39 a crime defined in subdivisions five and six [hereof] of this section. 40 For purposes of this article, a person has criminal liability when [(a)] 41 he has been convicted of a post-conviction forfeiture crime[, or (b) the42claiming authority proves by clear and convincing evidence that such43person has committed an act in violation of article two hundred twenty44or section 221.30 or 221.55 of the penal law]. 45 § 43. Subdivision 3-a and paragraphs (a) and (b) of subdivision 11 of 46 section 1311 of the civil practice law and rules, subdivision 3-a as 47 added by chapter 655 of the laws of 1990 and paragraphs (a) and (b) of 48 subdivision 11 as amended by section 47 of part A-1 of chapter 56 of the 49 laws of 2010, are amended to read as follows: 50 3-a. Conviction of a person in a criminal action upon an accusatory 51 instrument which includes one or more of the felonies specified in 52 subdivision four-b of section thirteen hundred ten of this article, of 53 any felony other than such felonies, shall not preclude a defendant, in 54 any subsequent proceeding under this article where that conviction is at 55 issue, from adducing evidence that the conduct underlying the conviction 56 would not establish the elements of any of the felonies specified inA. 3506 49 1 such subdivision other than the one to which the criminal defendant pled 2 guilty. If the defendant does adduce such evidence, the burden shall be 3 upon the claiming authority to prove, by clear and convincing evidence, 4 that the conduct underlying the criminal conviction would establish the 5 elements of the felony specified in such subdivision. Nothing contained 6 in this subdivision shall affect the validity of a settlement of any 7 forfeiture action negotiated between the claiming authority and a crimi- 8 nal defendant contemporaneously with the taking of a plea of guilty in a 9 criminal action to any felony defined in article two hundred twenty [or10section 221.30 or 221.55] of the penal law, or to a felony conspiracy to 11 commit the same. 12 (a) Any stipulation or settlement agreement between the parties to a 13 forfeiture action shall be filed with the clerk of the court in which 14 the forfeiture action is pending. No stipulation or settlement agreement 15 shall be accepted for filing unless it is accompanied by an affidavit 16 from the claiming authority that written notice of the stipulation or 17 settlement agreement, including the terms of such, has been given to the 18 office of victim services, the state division of criminal justice 19 services[, and in the case of a forfeiture based on a felony defined in20article two hundred twenty or section 221.30 or 221.55 of the penal law,21to the state division of substance abuse services]. 22 (b) No judgment or order of forfeiture shall be accepted for filing 23 unless it is accompanied by an affidavit from the claiming authority 24 that written notice of judgment or order, including the terms of such, 25 has been given to the office of victim services, the state division of 26 criminal justice services[, and in the case of a forfeiture based on a27felony defined in article two hundred twenty or section 221.30 or 221.5528of the penal law, to the state division of substance abuse services]. 29 § 44. Subdivision 13 of section 89-f of the general business law, as 30 added by chapter 336 of the laws of 1992, is amended to read as follows: 31 13. "Serious offense" shall mean any felony involving the offenses 32 enumerated in the closing paragraph of this subdivision; a criminal 33 solicitation of or a conspiracy to commit or an attempt to commit or a 34 criminal facilitation of a felony involving the offenses enumerated in 35 the closing paragraph of this subdivision, which criminal solicitation, 36 conspiracy, attempt or criminal facilitation itself constitutes a felony 37 or any offense in any other jurisdiction which if committed in this 38 state would constitute a felony; any offense in any other jurisdiction 39 which if committed in this state would constitute a felony provided that 40 for the purposes of this article, none of the following shall be consid- 41 ered criminal convictions or reported as such: (i) a conviction for 42 which an executive pardon has been issued pursuant to the executive law; 43 (ii) a conviction which has been vacated and replaced by a youthful 44 offender finding pursuant to article seven hundred twenty of the crimi- 45 nal procedure law, or the applicable provisions of law of any other 46 jurisdiction; or (iii) a conviction the records of which have been 47 sealed pursuant to the applicable provisions of the laws of this state 48 or of any other jurisdiction; and (iv) a conviction for which other 49 evidence of successful rehabilitation to remove the disability has been 50 issued. 51 Felonies involving: assault, aggravated assault and reckless endanger- 52 ment pursuant to article one hundred twenty; vehicular manslaughter, 53 manslaughter and murder pursuant to article one hundred twenty-five; sex 54 offenses pursuant to article one hundred thirty; unlawful imprisonment, 55 kidnapping or coercion pursuant to article one hundred thirty-five; 56 criminal trespass and burglary pursuant to article one hundred forty;A. 3506 50 1 criminal mischief, criminal tampering and tampering with a consumer 2 product pursuant to article one hundred forty-five; arson pursuant to 3 article one hundred fifty; larceny and offenses involving theft pursuant 4 to article one hundred fifty-five; offenses involving computers pursuant 5 to article one hundred fifty-six; robbery pursuant to article one 6 hundred sixty; criminal possession of stolen property pursuant to arti- 7 cle one hundred sixty-five; forgery and related offenses pursuant to 8 article one hundred seventy; involving false written statements pursuant 9 to article one hundred seventy-five; commercial bribing and commercial 10 bribe receiving pursuant to article one hundred eighty; criminal imper- 11 sonation and scheme to defraud pursuant to article one hundred ninety; 12 bribery involving public servants and related offenses pursuant to arti- 13 cle two hundred; perjury and related offenses pursuant to article two 14 hundred ten; tampering with a witness, intimidating a victim or witness 15 and tampering with physical evidence pursuant to article two hundred 16 fifteen; criminal possession of a controlled substance pursuant to 17 sections 220.06, 220.09, 220.16, 220.18 and 220.21; criminal sale of a 18 controlled substance pursuant to sections 220.31, 220.34, 220.39, 19 220.41, 220.43 and 220.44; criminal sale of [marijuana] marihuana in the 20 first degree pursuant to [sections] section 221.45[, 221.50 and 221.55]; 21 riot in the first degree, aggravated harassment in the first degree, 22 criminal nuisance in the first degree and falsely reporting an incident 23 in the second or first degree pursuant to article two hundred forty; and 24 crimes against public safety pursuant to article two hundred sixty-five 25 of the penal law. 26 § 45. Paragraph (f) of subdivision 2 of section 850 of the general 27 business law is REPEALED. 28 § 46. Paragraph (h) of subdivision 2 of section 850 of the general 29 business law, as amended by chapter 812 of the laws of 1980, is amended 30 to read as follows: 31 (h) Objects, used or designed for the purpose of ingesting, inhaling, 32 or otherwise introducing [marihuana,] cocaine, hashish, or hashish oil 33 into the human body. 34 § 47. Paragraph a of subdivision 4-a of section 165 of the state 35 finance law, as added by chapter 95 of the laws of 2000, is amended to 36 read as follows: 37 a. In order to advance specific economic goals, New York state 38 labelled wines, as defined in subdivision [twenty-a] twenty-j of section 39 three of the alcoholic beverage control law, shall have favored source 40 status for the purposes of procurement in accordance with the provisions 41 of this subdivision. Procurement of these New York state labelled wines 42 shall be exempt from the competitive procurement provisions of section 43 one hundred sixty-three of this article and other competitive procure- 44 ment statutes. Such exemption shall apply to New York state labelled 45 wines as defined in subdivision [twenty-a] twenty-j of section three of 46 the alcoholic beverage control law produced by a licensed winery as 47 defined in section seventy-six of the alcoholic beverage control law. 48 § 48. Subdivision 7 of section 995 of the executive law, as amended by 49 chapter 19 of the laws of 2012, is amended to read as follows: 50 7. "Designated offender" means a person convicted of any felony 51 defined in any chapter of the laws of the state or any misdemeanor 52 defined in the penal law [except that where the person is convicted53under section 221.10 of the penal law, only a person convicted under54subdivision two of such section, or a person convicted under subdivision55one of such section who stands previously convicted of any crime as56defined in subdivision six of section 10.00 of the penal law].A. 3506 51 1 § 49. Paragraphs (b) and (c) of subdivision 7 of section 480.00 of the 2 penal law, paragraph (b) as amended by section 31 of part AAA of chapter 3 56 of the laws of 2009 and paragraph (c) as added by chapter 655 of the 4 laws of 1990, are amended to read as follows: 5 (b) three or more violations of any of the felonies defined in section 6 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 7 220.43[,] or 220.77[, or 221.55] of this chapter, which violations do 8 not constitute a single criminal offense as defined in subdivision one 9 of section 40.10 of the criminal procedure law, or a single criminal 10 transaction, as defined in paragraph (a) of subdivision two of section 11 40.10 of the criminal procedure law, and at least one of which resulted 12 in a conviction of such offense, or where the accusatory instrument 13 charges one or more of such felonies, conviction upon a plea of guilty 14 to a felony for which such plea is otherwise authorized by law; or 15 (c) a conviction of a person for a violation of section 220.09, 16 220.16, 220.34[,] or 220.39[, or 221.30] of this chapter, or where the 17 accusatory instrument charges any such felony, conviction upon a plea of 18 guilty to a felony for which the plea is otherwise authorized by law, 19 together with evidence which: (i) provides substantial indicia that the 20 defendant used the real property to engage in a continual, ongoing 21 course of conduct involving the unlawful mixing, compounding, manufac- 22 turing, warehousing, or packaging of controlled substances [or where the23conviction is for a violation of section 221.30 of this chapter, mari-24juana] as part of an illegal trade or business for gain; and (ii) estab- 25 lishes, where the conviction is for possession of a controlled substance 26 [or where the conviction is for a violation of section 221.30 of this27chapter, marijuana], that such possession was with the intent to sell 28 it. 29 § 50. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle 30 and traffic law, as amended by chapter 368 of the laws of 2015, is 31 amended to read as follows: 32 (c) The offenses referred to in subparagraph (i) of paragraph (b) of 33 subdivision one and subparagraph (i) of paragraph (c) of subdivision two 34 of this section that result in disqualification for a period of five 35 years shall include a conviction under sections 100.10, 105.13, 115.05, 36 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13, 37 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17, 38 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09, 39 220.16, 220.31, 220.34, 220.60, 220.65, [221.30, 221.50, 221.55,] 40 230.00, 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 41 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of 42 section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 43 265.10, 265.12, 265.35 of the penal law or an attempt to commit any of 44 the aforesaid offenses under section 110.00 of the penal law, or any 45 similar offenses committed under a former section of the penal law, or 46 any offenses committed under a former section of the penal law which 47 would constitute violations of the aforesaid sections of the penal law, 48 or any offenses committed outside this state which would constitute 49 violations of the aforesaid sections of the penal law. 50 § 51. Appropriation. The sum of five million dollars ($5,000,000) is 51 hereby appropriated to the New York State Liquor Authority out of any 52 moneys in the state treasury in the general fund to the credit of the 53 state purposes account, not otherwise appropriated, and made immediately 54 available, for the purpose of carrying out the provisions of this act. 55 Such moneys shall be payable on the audit and warrant of the comptrollerA. 3506 52 1 on vouchers certified or approved by the superintendent or the chairman 2 of the New York State Liquor Authority in the manner prescribed by law. 3 § 52. Severability. If any provision or term of this act is for any 4 reason declared unconstitutional or invalid or ineffective by any court 5 of competent jurisdiction, such decision shall not affect the validity 6 of the effectiveness of the remaining portions of this act or any part 7 thereof. 8 § 53. This act shall take effect immediately; provided, however that 9 the amendments to subdivision 12 of section 17 of the alcoholic beverage 10 control law made by section twenty-six of this act shall take effect on 11 the same date as the reversion of such section as provided in section 4 12 of chapter 118 of the laws of 2012, as amended.
