Bill Text: NY A06094 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to warning labels on cannabis products; includes advertising, deceptively advertising, branding, marketing, packaging, displaying, labelling, offering for ingestion outside of packaging, or administering cannabis products in contravention of a certain section of the cannabis law or rules and regulations in the criminal sale of cannabis in the first degree.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-03 - referred to economic development [A06094 Detail]

Download: New_York-2023-A06094-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6094

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced  by  M. of A. J. A. GIGLIO, BARCLAY -- read once and referred
          to the Committee on Economic Development

        AN ACT to amend the cannabis law, in  relation  to  warnings  on  retail
          packaging  of adult-use cannabis products; and to amend the penal law,
          in relation to criminalizing certain violations of restrictions on the
          sale of adult-use cannabis

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions 2, 3 and 7 of section 81 of the cannabis law
     2  are amended to read as follows:
     3    2. Such regulations shall include, but not be  limited  to,  requiring
     4  that:
     5    (a)  packaging  meets  or  exceeds requirements similar to the federal
     6  "poison prevention packaging act of 1970," 15 U.S.C. Sec 1471 et seq.;
     7    (b) prior to delivery or sale at a  retailer,  cannabis  and  cannabis
     8  products  shall  be  labeled  according  to  regulations and placed in a
     9  resealable, child-resistant package accompanied by conspicuous  warnings
    10  in  large,  bold-face,  legible,  unobscured, and visible font contained
    11  either on the retail packaging, or if a marketing  layer  is  used,  the
    12  marketing  layer;  and the majority of said package shall depict that it
    13  is a cannabis product,  including  unconventional  methods  of  adminis-
    14  tration or ingestion or edible consumption of cannabis products; and
    15    (c)  packages,  labels,  shapes  and  products shall not be made to be
    16  attractive to or target persons under the age of twenty-one.
    17    3. Such regulations shall include requiring labels  warning  consumers
    18  of  any  potential impact on human health resulting from the consumption
    19  of cannabis products that shall be affixed to those products when  sold,
    20  if  such  labels  are  deemed  warranted  by the board and may establish
    21  standardized and/or uniform  packaging  and  labeling  requirements  for
    22  adult-use  products.  All  labels shall be required to warn consumers to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10330-02-3
        A. 6094                             2

     1  keep said cannabis products out of reach of children and that  they  are
     2  for use by persons twenty-one years of age and older.
     3    7.  The packaging, sale, marketing, branding, advertising, labeling or
     4  possession by any licensee  of  any  cannabis  product  not  labeled  or
     5  offered  in conformity with rules and regulations promulgated in accord-
     6  ance with this section shall be  grounds  for  criminal  prosecution  as
     7  provided in article two hundred twenty-two of the penal law, in addition
     8  to  the  imposition  of  a  fine,  and/or  the suspension, revocation or
     9  cancellation of a license in accordance  with  the  provisions  of  this
    10  chapter.
    11    §  2.  Section  222.60 of the penal law, as added by chapter 92 of the
    12  laws of 2021, is amended to read as follows:
    13  § 222.60 Criminal sale of cannabis in the first degree.
    14    A person is guilty of criminal sale of cannabis in  the  first  degree
    15  when  he  or she knowingly and unlawfully sells more than five pounds of
    16  cannabis or more than two pounds of  concentrated  cannabis,  or  adver-
    17  tises,  deceptively  advertises,  brands,  markets,  packages, displays,
    18  labels, offers for ingestion outside of packaging, or administers canna-
    19  bis products, including  unconventional  methods  of  administration  or
    20  ingestion  or  edible consumption of cannabis products, in contravention
    21  of section eighty-one of the  cannabis  law  or  rules  and  regulations
    22  promulgated  by  the  New York State Cannabis Control Board or Office of
    23  Cannabis Management.
    24    Criminal sale of cannabis in the first degree is a class D felony.
    25    § 3. This act shall take effect immediately.