Bill Text: NY A09834 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that any applicant who cultivates for sale or sells cannabis, cannabis products, medical cannabis, or any product marketed or labeled as such, without having an appropriate registration, license or permit therefor, shall be deemed ineligible to receive or renew a license to sell cannabis.

Spectrum: Slight Partisan Bill (Democrat 10-4)

Status: (Introduced) 2024-04-11 - referred to economic development [A09834 Detail]

Download: New_York-2023-A09834-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9834

                   IN ASSEMBLY

                                     April 11, 2024
                                       ___________

        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
          Committee on Economic Development

        AN ACT to amend the cannabis law, in relation to prohibiting any  person
          or  applicant  from  receiving  a  license from the office of cannabis
          management in certain circumstances

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

     1    Section  1.  Section 16 of the cannabis law is amended by adding a new
     2  subdivision 7 to read as follows:
     3    7. The board or the office shall deem any  applicant,  as  defined  in
     4  subdivision  one  of  section  three  of  this  chapter, who is found in
     5  violation of subdivision five of section one hundred thirty-six of  this
     6  chapter, to be ineligible to receive a license as defined in subdivision
     7  thirty-one of section three of this chapter.
     8    §  2.  The  opening  paragraph  of  paragraph  (a) of subdivision 1 of
     9  section 132 of the cannabis law, as amended by section 17 of part UU  of
    10  chapter 56 of the laws of 2023, is amended to read as follows:
    11    Any person or applicant as defined in subdivision one of section three
    12  of  this  chapter  who  cultivates  for sale or sells cannabis, cannabis
    13  products, medical cannabis, or any product marketed or labeled as  such,
    14  without  having an appropriate registration, license or permit therefor,
    15  including a person whose  registration,  license,  or  permit  has  been
    16  revoked,  surrendered  or  cancelled,  where  such person is engaging in
    17  activity for which a license would be required under this  chapter,  may
    18  be  subject to a civil penalty of not more than ten thousand dollars for
    19  each day during which such violation continues, shall be deemed ineligi-
    20  ble to receive or renew a license as defined in  subdivision  thirty-one
    21  of  section three of this chapter, and an additional civil penalty in an
    22  amount of no more than five times the revenue from such prohibited sales
    23  or, in an amount of no more than three times the projected  revenue  for
    24  any  such  product  found  in the possession of such person based on the
    25  retail list price of such products; provided,  however,  that  any  such
    26  person who engages in such activity from a residence or other real prop-
    27  erty  not  otherwise  held  out as open to the public or otherwise being

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15161-03-4
        A. 9834                             2

     1  utilized in a business or commercial manner or any private vehicle on or
     2  about same such property, and the quantity of such product on such prem-
     3  ises or vehicle does not exceed the limits of personal use under article
     4  two  hundred  twenty-two  of  the  penal  law, may be subject to a civil
     5  penalty of no more than five thousand dollars.
     6    § 3. Subdivisions 4 and 5 of section 138-a of  the  cannabis  law,  as
     7  amended  by section 20 of part UU of chapter 56 of the laws of 2023, are
     8  amended and a new subdivision 6 is added to read as follows:
     9    4. seek injunctive relief against any person engaging  in  conduct  in
    10  violation of this section; [and]
    11    5. request that the attorney general obtain judicial enforcement of an
    12  order issued under subdivision one of this section or bring an action or
    13  proceeding  for any relief otherwise authorized under this chapter for a
    14  violation of this chapter, including  the  recovery  of  any  applicable
    15  civil penalties[.]; and
    16    6.  refuse to grant or renew a license as defined in subdivision thir-
    17  ty-one of section three of this chapter when a person  or  applicant  is
    18  found in violation of subdivision seven of section sixteen of this chap-
    19  ter  or  the opening paragraph of subdivision one of section one hundred
    20  thirty-two of this article or any other provisions  of  article  six  of
    21  this chapter.
    22    § 4. This act shall take effect immediately.