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S03248 Summary:

BILL NOS03248B
 
SAME ASSAME AS A06119-A
 
SPONSORCOONEY
 
COSPNSR
 
MLTSPNSR
 
Add §138-c, Cannabis L
 
Authorizes private civil actions for certain violations of the cannabis law relating to licensure.
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S03248 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3248--B
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 24, 2025
                                       ___________
 
        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to  the  Committee  on  Finance  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the cannabis law,  in  relation  to  authorizing  for  a
          private right of action for certain violations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The cannabis law is amended by adding a new  section  138-c
     2  to read as follows:
     3    §  138-c.  Private right of action. In addition to the right of action
     4  granted to the office and the attorney general pursuant to this article,
     5  any person who has been injured by reason of a violation of  subdivision
     6  one  of  section  one  hundred  twenty-five of this article may bring an
     7  action in their own name to enjoin such unlawful  act  or  practice,  an
     8  action  to recover  actual damages, or both such actions. The court may,
     9  in its discretion, increase the award of damages to  an  amount  not  to
    10  exceed  three times the actual damages, if the court finds the defendant
    11  willfully or knowingly  violated  such  section.  The  court  may  award
    12  reasonable attorney's fees to a prevailing plaintiff.
    13    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01118-05-5
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