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S07295 Summary:

S07295 Actions:

S07295 Committee Votes:

S07295 Floor Votes:

S07295 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7295--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 19, 2023
                                       ___________
 
        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment  Operations  --  committee  discharged,  bill  amended,   ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the cannabis law, in relation to authorizing conditional
          adult-use cultivator and processor licensees to sell tested, packaged,
          and  sealed  cannabis  products  and cannabis to a cannabis dispensing
          facility licensed by a tribal nation for retail sale
 
          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 "cannabis
     2  crop rescue act".
     3    § 2. Legislative findings. Chapter 18 of the laws of 2022 created  the
     4  conditional  adult-use  cultivator  license. Due to a variety of circum-
     5  stances beyond the control of New York's cannabis farmers,  many  licen-
     6  sees  cannot  afford  to  process  their cannabis or sell their finished
     7  products. As a result, their 2022 crops are losing value while in  stor-
     8  age due to diminished potency, color and aroma.  Without sales, many are
     9  unable  to  plant  a  crop  for  the upcoming growing season, and are in
    10  severe financial stress.
    11    § 3. Section 68-c of the cannabis law is amended  by  adding  two  new
    12  subdivisions 16 and 17 to read as follows:
    13    16.    Notwithstanding  any  other provision of this chapter, a condi-
    14  tional adult-use cultivator or processor licensee shall be authorized to
    15  sell tested, packaged, and sealed cannabis  products  or  biomass  to  a
    16  cannabis  dispensing  facility  licensed or permitted by a tribal nation
    17  for retail sale.  Tribal nations shall not be subject to or  limited  by
    18  aggregate  sales  or  consumption  limits otherwise provided for in this
    19  chapter.  Nothing in this subdivision shall be construed to alter, modi-
    20  fy, abrogate, or otherwise impede or interfere with such tribal nation's
    21  sovereign authority to license, sell, cultivate,  process,  manufacture,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10606-11-3
        S. 7295--A                          2
 
     1  distribute,  deliver,  or  transport  cannabis  product  on or among its
     2  territories. Any product sold by a conditional adult-use  cultivator  or
     3  processor  licensee  shall be subject to the provisions of article twen-
     4  ty-C of the tax law; and provided, further, that the licensee shall bear
     5  the  cost of all such taxes imposed by such article and shall remit such
     6  taxes to the department of taxation and finance.
     7    17. Notwithstanding any other provision of this chapter, a conditional
     8  adult-use cultivator or processor licensee shall be authorized  to  sell
     9  tested,  packaged  and  sealed  cannabis products directly to consumers;
    10  provided that for purposes of this subdivision consumer  shall  mean  an
    11  authorized  representative  of  a  tribal  nation.  Consumers under this
    12  subdivision shall not be subject to or limited  by  aggregate  sales  or
    13  consumption  limits  otherwise  provided for in this chapter. Nothing in
    14  this subdivision shall be construed to alter, modify, abrogate or other-
    15  wise impede or interfere with such tribal nation's  sovereign  authority
    16  to  license,  sell, cultivate, process, manufacture, distribute, deliver
    17  or transport cannabis product on or among its territories.  Any  product
    18  sold  by  a conditional adult-use cultivator or processor licensee shall
    19  be subject to the provisions of article twenty-C of  the  tax  law;  and
    20  provided,  further,  that  the  licensee shall bear the cost of all such
    21  taxes imposed by such article and shall remit such taxes to the  depart-
    22  ment of taxation and finance.
    23    § 4. A conditional adult-use cultivator licensee may select to operate
    24  under  subdivision 16 of section 68-c of the cannabis law until December
    25  31, 2023.
    26    § 5.  This act shall take effect immediately; provided, however,  that
    27  the amendments to section 68-c of the cannabis law made by section three
    28  of  this  act  shall  not affect the repeal of such section and shall be
    29  deemed repealed therewith.