STATE OF NEW YORK
________________________________________________________________________
9815
IN ASSEMBLY
April 19, 2022
___________
Introduced by M. of A. PALMESANO -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law and the cannabis law, in relation to
including certain acts and subsequent penalties in the criminal sale
of cannabis
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 222.50 of the penal law, as added by chapter 92 of
2 the laws of 2021, is amended to read as follows:
3 § 222.50 Criminal sale of cannabis in the third degree.
4 A person is guilty of criminal sale of cannabis in the third degree
5 when:
6 1. he or she knowingly and unlawfully sells more than three ounces of
7 cannabis or more than twenty-four grams of concentrated cannabis; or
8 2. being twenty-one years of age or older, he or she knowingly and
9 unlawfully sells or gives, or causes to be given or sold, cannabis or
10 concentrated cannabis to a person less than twenty-one years of age;
11 except that in any prosecution under this subdivision, it is a defense
12 that the defendant was less than three years older than the person under
13 the age of twenty-one at the time of the offense. This subdivision shall
14 not apply to designated caregivers, practitioners, employees of a regis-
15 tered organization or employees of a designated caregiver facility
16 acting in compliance with article three of the cannabis law[.]; or
17 3. any person, while employed or operating a commercial establishment,
18 store, club, or facility, who knowingly and unlawfully sells, transfers,
19 gifts or trades cannabis without an appropriate license or authority
20 under the cannabis law. Any person convicted under this subdivision
21 shall act to preclude such person from seeking, qualifying or receiving
22 any permit, license or authority to perform any activities under the
23 cannabis law.
24 Criminal sale of cannabis in the third degree is a class A misdemea-
25 nor.
26 § 2. Section 222.55 of the penal law, as added by chapter 92 of the
27 laws of 2021, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15128-01-2
A. 9815 2
1 § 222.55 Criminal sale of cannabis in the second degree.
2 A person is guilty of criminal sale of cannabis in the second degree
3 when:
4 1. he or she knowingly and unlawfully sells more than sixteen ounces
5 of cannabis or more than five ounces of concentrated cannabis; or
6 2. being twenty-one years of age or older, he or she knowingly and
7 unlawfully sells or gives, or causes to be given or sold, more than
8 three ounces of cannabis or more than twenty-four grams of concentrated
9 cannabis to a person less than eighteen years of age. This subdivision
10 shall not apply to designated caregivers, practitioners, employees of a
11 registered organization or employees of a designated caregiver facility
12 acting in compliance with article three of the cannabis law[.]; or
13 3. any person, while employed or operating a commercial establishment,
14 store, club, or facility, who knowingly and unlawfully sells, transfers,
15 gifts or trades cannabis without an appropriate license or authority
16 under the cannabis law. Any person convicted under this subdivision
17 shall act to preclude such person from seeking, qualifying or receiving
18 any permit, license or authority to perform any activities under the
19 cannabis law.
20 Criminal sale of cannabis in the second degree is a class E felony.
21 § 3. Section 222.60 of the penal law, as added by chapter 92 of the
22 laws of 2021, is amended to read as follows:
23 § 222.60 Criminal sale of cannabis in the first degree.
24 A person is guilty of criminal sale of cannabis in the first degree
25 when:
26 1. he or she knowingly and unlawfully sells more than five pounds of
27 cannabis or more than two pounds of concentrated cannabis; or
28 2. any person, while employed or operating a commercial establishment,
29 store, club, or facility, who knowingly and unlawfully sells, transfers,
30 gifts or trades cannabis without an appropriate license or authority
31 under the cannabis law. Any person convicted under this subdivision
32 shall act to preclude such person from seeking, qualifying or receiving
33 any permit, license or authority to perform any activities under the
34 cannabis law.
35 Criminal sale of cannabis in the first degree is a class D felony.
36 § 4. Section 132 of the cannabis law is amended to read as follows:
37 § 132. Penalties for violation of this chapter. 1. Any person who
38 cultivates for sale or sells cannabis, cannabis products, or medical
39 cannabis without having an appropriate registration, license or permit
40 therefor, or whose registration, license, or permit has been revoked,
41 surrendered or cancelled, may be subject to prosecution in accordance
42 with article two hundred twenty-two of the penal law.
43 2. Any commercial establishment, store, club, or facility, that know-
44 ingly and unlawfully sells, transfers, gifts or trades any amount of
45 cannabis without an appropriate license or authority under this chapter
46 shall be subject to a civil penalty of not more than ten thousand
47 dollars for a first violation; not more than twenty-five thousand
48 dollars for a second violation; and not more than fifty thousand dollars
49 for a third violation and each subsequent violation thereafter. The
50 civil penalty shall be payable to the office of cannabis management, who
51 shall be required to remit such payments to the county in which the
52 violating establishment is located.
53 3. Any registered organization or licensee, who has received notifica-
54 tion of a registration or license suspension pursuant to the provisions
55 of this chapter, who sells cannabis, cannabis products, medical cannabis
56 or cannabinoid hemp or hemp extract during the suspension period, shall
A. 9815 3
1 be subject to prosecution as provided in article two hundred twenty-two
2 of the penal law, and upon conviction thereof under this section may be
3 subject to a civil penalty of not more than five thousand dollars.
4 [3.] 4. Any person who shall knowingly make any materially false
5 statement in the application for a registration, license or a permit
6 under this chapter may be subject to license or registration suspension,
7 revocation, or denial subject to the board, and may be subject to a
8 civil penalty of not more than two thousand dollars.
9 [4.] 5. Any person under the age of twenty-one found to be in
10 possession of cannabis or cannabis products who is not a certified
11 patient pursuant to article three of this chapter shall be in violation
12 of this chapter and shall be subject to the following penalty:
13 (a) (i) The person shall be subject to a civil penalty of not more
14 than fifty dollars. The civil penalty shall be payable to the office of
15 cannabis management.
16 (ii) Any identifying information provided by the enforcement agency
17 for the purpose of facilitating payment of the civil penalty shall not
18 be shared or disclosed under any circumstances with any other agency or
19 law enforcement division.
20 (b) The person shall, upon payment of the required civil penalty, be
21 provided with information related to the dangers of underage use of
22 cannabis and information related to cannabis use disorder by the office.
23 (c) The issuance and subsequent payment of such civil penalty shall in
24 no way qualify as a criminal accusation, admission of guilt, or a crimi-
25 nal conviction and shall in no way operate as a disqualification of any
26 such person from holding public office, attaining public employment, or
27 as a forfeiture of any right or privilege.
28 [5.] 6. Cannabis recovered from individuals who are found to be in
29 violation of this chapter may after notice and opportunity for a hearing
30 be considered a nuisance and shall be disposed of or destroyed.
31 [6.] 7. After due notice and opportunity to be heard, as established
32 by rules and regulations, nothing in this section shall prohibit the
33 board from suspending, revoking, or denying a license, permit, registra-
34 tion, or application in addition to the penalties prescribed in this
35 section.
36 § 5. This act shall take effect immediately.
