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A03506 Summary:

BILL NOA03506
 
SAME ASSAME AS S03040
 
SPONSORPeoples-Stokes
 
COSPNSRGottfried, Lupardo, Sepulveda, Weprin
 
MLTSPNSRMosley, Seawright, Simon, Skartados, Steck
 
Amd Various Laws, generally
 
Enacts the "marihuana regulation and taxation act"; relates to the description of marihuana, and the growing of and use of marihuana by persons eighteen 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.
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A03506 Actions:

BILL NOA03506
 
01/27/2017referred to codes
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A03506 Text:



 
                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.
                                                                   LBD05327-03-7

        A. 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  employee

        A. 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" means
     4    (a)  the  separated  resin, whether crude or purified, obtained from a
     5  plant of the genus Cannabis; or
     6    (b) a material, preparation,  mixture,  compound  or  other  substance
     7  which  contains  more than two and one-half percent by weight of delta-9
     8  tetrahydrocannabinol, or  its  isomer,  delta-8  dibenzopyran  numbering
     9  system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
    10  terpene numbering system.
    11    5.]  "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 to

        A. 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,
    25  whether  growing or not; the seeds thereof; the resin extracted from any
    26  part of the plant; and every compound,  manufacture,  salt,  derivative,
    27  mixture,  or  preparation  of the plant, its seeds or resin. It does not
    28  include the mature stalks of the plant, fiber produced from the  stalks,
    29  oil  or cake made from the seeds of the plant, any other compound, manu-
    30  facture, salt, derivative, mixture, or preparation of the mature  stalks
    31  (except  the  resin  extracted  therefrom),  fiber, oil, or cake, or the
    32  sterilized seed of the plant which is incapable of germination.
    33    22.] 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-
    49  cle] 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 the

        A. 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-three
    12  hundred two of such law] subdivision twenty-one of this section.
    13    6.  "Marihuana" means ["marihuana" or "concentrated cannabis" as those
    14  terms are defined in section thirty-three  hundred  two  of  the  public
    15  health  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-
    41  vision  four  of  section  thirty-three hundred two of the public health
    42  law] 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-
    49  vision four of section thirty-three hundred two  of  the  public  health
    50  law]  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  subdivision
     2  four  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  more

        A. 3506                            10

     1  preparations, compounds, mixtures or substances containing marihuana and
     2  the  preparations, compounds, mixtures or substances are of an aggregate
     3  weight 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  more
    16  preparations, compounds, mixtures or substances containing marihuana and
    17  the  preparations, compounds, mixtures or substances are of an aggregate
    18  weight 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,
     7  compounds, mixtures or substances containing marihuana and the  prepara-
     8  tions,  compounds,  mixtures or substances are of an aggregate weight of
     9  more 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 type

        A. 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,  rule

        A. 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 reliance

        A. 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  and

        A. 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  safe

        A. 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  Marihuana

        A. 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 occupied

        A. 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 transactions

        A. 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  or

        A. 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  rule

        A. 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 any

        A. 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 record

        A. 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  thereafter

        A. 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-owned

        A. 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 the

        A. 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 liquor

        A. 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  marihuana

        A. 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 the

        A. 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) at
    56  least 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  section

        A. 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  as
    50  provided  in subdivision five of this section, upon notice to the appro-
    51  priate 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 felony

        A. 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 who
    51  is serving a sentence on a conviction for  or  has  a  predicate  felony
    52  conviction  for  an exclusion offense. For purposes of this subdivision,
    53  an "exclusion offense" is:
    54    (a) a crime for which the person was previously convicted  within  the
    55  preceding  ten  years,  excluding any time during which the offender was
    56  incarcerated for any reason between the time of commission of the previ-

        A. 3506                            47

     1  ous 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 penal
     3  law; or (ii) any other offense for which a merit time allowance  is  not
     4  available  pursuant to subparagraph (ii) of paragraph (d) of subdivision
     5  one of section eight hundred three of the correction law; or
     6    (b) a second violent felony offense pursuant to section 70.04  of  the
     7  penal  law  or  a  persistent violent felony offense pursuant to section
     8  70.08 of the penal law for which the person has previously been  adjudi-
     9  cated.]
    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  in
    51  the first degree as defined in section 221.30 of the penal law, criminal
    52  sale  of  marihuana  in the first degree as defined in section 221.55 of
    53  the 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 penal

        A. 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-
    22  nal  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  [or
    29  where  the  conviction is for a violation of section 221.30 of the penal
    30  law, 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 221.30
    33  of 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 in
    36  article two hundred twenty or section 221.30  or  221.55  of  the  penal
    37  law.]
    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) the
    42  claiming  authority  proves  by  clear and convincing evidence that such
    43  person has committed an act in violation of article two  hundred  twenty
    44  or 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  in

        A. 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  [or
    10  section 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  in
    20  article two hundred twenty or section 221.30 or 221.55 of the penal law,
    21  to 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 a
    27  felony defined in article two hundred twenty or section 221.30 or 221.55
    28  of 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;

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     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  convicted
    53  under  section  221.10  of  the penal law, only a person convicted under
    54  subdivision two of such section, or a person convicted under subdivision
    55  one of such section who stands previously  convicted  of  any  crime  as
    56  defined in subdivision six of section 10.00 of the penal law].

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     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 the
    23  conviction  is  for a violation of section 221.30 of this chapter, mari-
    24  juana] 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  this
    27  chapter,  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 comptroller

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     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.
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