Implements licensure and eligibility limitations for the cannabis control board's social and economic equity plan regarding persons convicted of certain felonies.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4770
SPONSOR: Durso TITLE OF BILL:
An act to amend the cannabis law, in relation to implementing licensure
and eligibility limitations for the cannabis control board's social and
economic equity plan
PURPOSE OR GENERAL IDEA OF BILL:
Implements licensure and eligibility limitations for the cannabis
control board's social and economic equity plan.
SUMMARY OF PROVISIONS:
Section 1. Paragraph (c) of subdivision 3 of section 87 of the cannabis
law is amended to read as follows:(c) was convicted of a marihuana-re-
lated offense prior to the effective date of this chapter, or had a
parent, guardian, child, spouse, or dependent, or was a dependent of an
individual who, prior to the effective date of this chapter, was
convicted of a marihuana-related offense; provided, however, an individ-
ual convicted of an offense or offenses relating to any illegal
substance or substances other than marihuana related offenses shall be
deemed ineligible for consideration for licensing under the social and
economic equity plan.
§ 2. Section 65 of the cannabis law is amended by adding a new subdivi-
sion 6 to read as follows: A licensee convicted of a felony pursuant to
article two hundred twenty or two hundred twenty-two of the penal law
shall have all licenses granted under this chapter immediately revoked.
JUSTIFICATION:
Local news stations have been reporting on the recent increase in ille-
gal, lethal drugs pouring into New York State and Long Island. The
newly. enacted Cannabis Control Board's Social and Economic Equity Plan
allows individuals previously convicted of marihuana-related offenses,
whose records have been scrubbed, to apply for and obtain a license to
sell marihuana. As legislators, it is our sole duty to keep our communi-
ties safe and drugs out of the hands of our children. Similar to New
York State's liquor license requirements, this proposed law will prevent
individuals previously convicted of selling or distributing illegal
substances such as but not limited to opioids, fentanyl, or other non-
marihuana related office from obtaining a license; and a cannabis licen-
see who is convicted of such a felony will have their license immediate-
ly revoked.
PRIOR LEGISLATIVE HISTORY:
2024: A4896 Referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4770
2025-2026 Regular Sessions
IN ASSEMBLY
February 6, 2025
___________
Introduced by M. of A. DURSO -- read once and referred to the Committee
on Codes
AN ACT to amend the cannabis law, in relation to implementing licensure
and eligibility limitations for the cannabis control board's social
and economic equity plan
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 3 of section 87 of the canna-
2 bis law is amended to read as follows:
3 (c) was convicted of a marihuana-related offense prior to the effec-
4 tive date of this chapter, or had a parent, guardian, child, spouse, or
5 dependent, or was a dependent of an individual who, prior to the effec-
6 tive date of this chapter, was convicted of a marihuana-related offense;
7 provided, however, an individual convicted of an offense or offenses
8 relating to any illegal substance or substances other than marihuana-re-
9 lated offenses shall be deemed ineligible for consideration for licens-
10 ing under the social and economic equity plan.
11 § 2. Section 65 of the cannabis law is amended by adding a new subdi-
12 vision 6 to read as follows:
13 6. A licensee convicted of a felony pursuant to article two hundred
14 twenty or two hundred twenty-two of the penal law shall have all
15 licenses granted under this chapter immediately revoked.
16 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04065-01-5
