|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Nov 07, 2018 |
print number 3040c |
| Nov 07, 2018 |
amend (t) and recommit to finance |
| Jan 03, 2018 |
referred to finance |
| Jun 16, 2017 |
print number 3040b |
| Jun 16, 2017 |
amend (t) and recommit to finance |
| Jun 09, 2017 |
print number 3040a |
| Jun 09, 2017 |
amend (t) and recommit to finance |
| Jan 19, 2017 |
referred to finance |
Senate Bill S3040C
2017-2018 Legislative Session
Enacts the "marihuana regulation and taxation act"; repealer; appropriation
download bill text pdfSponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Finance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(D) Senate District
(D) 36th Senate District
(D) 14th Senate District
(D) Senate District
(D) Senate District
(D, WF) 47th Senate District
(D) Senate District
(D, WF) 21st Senate District
(D, WF) Senate District
(D, WF) 33rd Senate District
(D, WF) 29th Senate District
2017-S3040 - Details
2017-S3040 - Summary
Enacts the "marihuana regulation and taxation act"; relates to the description of marihuana, and the growing of and use of marihuana by persons twenty-one years of age or older; makes technical changes regarding the definition of marihuana; relates to the qualification of certain offenses involving marihuana and exempts certain persons from prosecution for the use, consumption, display, production or distribution of marihuana
2017-S3040 - Sponsor Memo
BILL NUMBER: S3040
TITLE OF BILL : An act to amend the public health law, in relation
to the description of marihuana, and the growing of and use of
marihuana by persons eighteen years of age or older; to amend the
vehicle and traffic law, in relation to making technical changes
regarding the definition of marihuana; to amend the penal law, in
relation to the qualification of certain offenses involving marihuana
and to exempt certain persons from prosecution for the use,
consumption, display, production or distribution of marihuana; to
amend the alcoholic beverage control law, in relation to providing for
the licensure of persons authorized to produce, process and sell
marihuana; to amend the tax law, in relation to providing for the
levying of an excise tax on certain sales of marihuana; to amend the
criminal procedure law, the civil practice law and rules, the general
business law, the state finance law, the executive law, the penal law
and the vehicle and traffic law, in relation to making conforming
changes; to repeal sections 221.10, 221.25, 221.30, 221.50 and 221.55
of the penal law relating to the criminal possession and sale of
marihuana; to repeal paragraph (f) of subdivision 2 of section 850 of
the general business law relating to drug related paraphernalia; and
making an appropriation therefor
SUMMARY OF SPECIFIC PROVISIONS :
Section one of the bill is the title.
Section two of the bill is comprised of legislative findings and statements of purpose. Section three of the bill amends Section 3302 of the Public Health Law to eliminate the definitions of Concentrated Cannabis and Marihuana from the controlled substances act. Section four of the bill amends Section 3306 of the Public Health Law to remove the classification of marihuana as a schedule 1 hallucinogen on the schedules of controlled substances. Section five of the bill amends Section 3382 of the Public Health Law to excluding home cultivation of up to 6 marihuana plants by individuals 18 years or older from the ban on growing cannabis. Section six of the bill amends section 3397-b of the public health law to make conforming changes in definition of marihuana. Section seven of the bill amends Section 114a of the Vehicle and Traffic Law adding marihuana and concentrated cannabis to the definition of drug for purposes of driving under the influence. Section eight of the bill amends Section 220.0 of the Penal Law to include a definition for concentrated cannabis as a controlled substance. Sections nine to eleven of the bill update cross references to amended sections of the penal law. Section twelve of the bill amends Section 220.5 of the Penal Law to exclude marihuana paraphernalia from criminal use of drug paraphernalia. Section thirteen of the bill amends Section 221.05 of the Penal Law to make unlawful possession of marihuana applicable to persons less than eighteen years of age or who are burning marihuana. Section fourteen of the bill amends Section 221.15 of the Penal Law to redefine criminal possession of marihuana in the second degree as a Class B misdemeanor. Section fifteen of the bill amends Section 221.20 of the Penal Law to redefine criminal possession of marihuana in the first degree as a Class A misdemeanor. Section sixteen of the bill repeals sections 221.10, 221.25 and 221.3 of the Penal Law, eliminating the previous definitions of Criminal possession of marihuana in the first and second degrees. Section seventeen of the bill adds a new section 221.25 of the Penal Law allowing for home cultivation of up to six marihuana plants by persons eighteen years of age or older. Section eighteen of the bill amends section 221.35 of the Penal Law to redefine Criminal sale of marihuana in the third degree to apply to persons less than eighteen years of age. Section nineteen of the bill amends section 221.40 of the Penal Law to redefine the criminal sale of marihuana in the second degree. Section twenty of the bill amends section 221.45 of the Penal law to redefine criminal sale of marihuana in the first degree. Section twenty-one of the bill repeals section 221.5 and 221.55 of the Penal Law, eliminating the previous definitions of criminal sale of marihuana in the first and second degrees. Section twenty-two of the bill adds a new section 221.6 to the Penal Law establishing that those acting in compliance with the Alcohol Beverage Control Law are exempt from sections § 220 and § 221 of the New York Penal Law. Section twenty-three of the bill amends subdivision 8 of section 1399-n of the Public Health Law to include marihuana in list of substances subject to smoking regulations. Sections twenty-four of the bill amends section 2 of the Alcoholic Beverage Control Law to include regulation of marihuana products in the purpose of this chapter. Section twenty-five and of the bill amends section 3 of the Alcoholic Beverage Control Law to include definitions of Concentrated Cannabis, Marihuana, and Marihuana consumers, processors, producer, products, infused products, retailer and retailer for the purposes of on-premises consumption, and unreasonably impracticable. Section twenty-six of the bill amends subdivision 12 of section 17 of the Alcohol Beverage Control Law to establish minimum criteria for alcohol and marihuana abuse training awareness programs. Section twenty-seven of the bill amends section 65-b of the Alcoholic Beverage Control law to ban use of fraudulent documents for the purpose of purchasing marihuana products by persons under twenty-one years of age, and establishing procedures for sellers of marihuana products to prevent such sales. Section twenty-eight of this bill amends section 140 of the Alcoholic Beverage Control Law to extend the option of any town or city to ban sale of alcoholic beverages to sales of marihuana. Section twenty-nine of the bill amends section 141 of the Alcoholic Beverage Control Law to apply the rules governing referendum procedures for banning sales of alcohol by towns to sales of marihuana. Section thirty of the bill amends section 142 of the Alcoholic Beverage Control Law to establish that sale of marihuana is prohibited in any city that passes a referendum against such sales. Section thirty-one of the bill amends section 147 of the Alcoholic Beverage Control Law to establish that if the rules regarding future referendums will also apply to marihuana sales. Section thirty-two of the bill renumbers article 11 of the Alcoholic Beverage Control Law as article 12 and sections 160, 161, 162, 163 and 164 as sections 200, 201, 202, 203 and 204. Section thirty-three of the bill adds a new Article 11 to the Alcoholic Beverage Control Law providing for the regulation of marihuana production, distribution and sale by the State Liquor Authority, establishing licensing and permitting rules, and providing for penalties for violations. Such regulation shall be promulgated within 240 days of the effective date. Section thirty-four of the bill adds a new Article 18-A to the New York Tax Code imposing an excise tax on marihuana and concentrated cannabis, and establishing a formula for distribution of the proceeds of this tax. Proceeds from the tax will be placed in a fund established by the comptroller known as the marihuana revenue fund. Fifteen percent of proceeds to be directed to re-entry programs, substance abuse programs, and job training programs in low income, high unemployment communities, and authorizing localities to enact a five percent tax on marihuana sales, with the remainder of proceeds going to the general fund. Localities would also be authorized to impose a sales tax of up to five percent on retail sales. Section thirty-five of the bill amends section 160.5 of the criminal procedure law to update references to clearing of records in criminal actions terminated in favor of the accused. Section thirty-six of the bill amends section 170.56 of the criminal procedure law providing for suspension of court proceedings and adjournment in contemplation of dismissal for exceptional circumstances in marihuana related violations. Section thirty-seven of the bill updates cross references in section 210.46 of the criminal procedure law. Section thirty-eight of the bill amends section 440.10 of the criminal procedure law to provide for vacating convictions based on marihuana possession in cases where the offense would no longer be a crime under this act. Section thirty-nine of the bill amends section 440.10 of the criminal procedure law to update cross references. Section forty of the bill amends section 440.46 of the criminal procedure law to provide for an application for resentencing for certain marihuana related offenses. Section forty-one through forty-four of the bill of the bill update cross references to amended sections of the penal law. Section forty-five and forty-six of the bill amend section 850 of the General Business Law to remove references to marihuana from prohibitions on the sale of drug paraphernalia. Section forty-seven of the bill update cross references in the state finance law to amended sections in the alcoholic beverage control law. Section forty-eight through fifty of the bill update cross references to amended sections of the penal law. Section fifty-one of the bill provides for an appropriation of five million dollars to the State Liquor Authority for implementation of this act. Section fifty-two is a severability clause. Section fifty-three of the bill is the effective date. JUSTIFICATION : Present law fails to prevent the trade and consumption of marihuana and has continued to foster a violent drug market that consumes millions of dollars in resources every year. New York State Ranks 2nd of all 50 states in terms of Marihuana related arrests made per 100,000 people. In 2010, the NYPD made 50,300 marihuana related arrests. This number amounted to one out of every seven total arrests made, and $75 million was spent arresting and jailing mostly young people simply for possessing small amounts of marihuana. The enforcement of present law has disproportionately effected African-American and Latino communities; often giving first time, non-violent offenders, an extraneous criminal record. Government health surveys find that young whites use marihuana at higher rates than young blacks and Latinos. But the NYPD arrests blacks for marihuana possession at seven times the rate of whites and Latinos at nearly four times the rate of whites. Aside from mitigating these issues, the regulation and taxation act will also help accrue revenue for the state; portions of which will go back (through government agencies and programs) to communities that have been impacted by present law. PRIOR LEGISLATIVE HISTORY : New Bill FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : Increase revenue for state and local governments. Fiscal implication assumptions for similar legislation implemented in Colorado, Amendment 64, estimated an annual revenue increase of 5-22 million dollars and an annual spending increase of .5-1.5 million dollars. Given the larger population of New York State this legislation should generate revenue substantially larger than these estimates. EFFECTIVE DATE : Immediately.
2017-S3040 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3040
2017-2018 Regular Sessions
I N S E N A T E
January 19, 2017
___________
Introduced by Sens. KRUEGER, BAILEY, DILAN, HOYLMAN, MONTGOMERY, PARKER,
PERALTA, PERKINS, RIVERA, SERRANO -- read twice and ordered printed,
and when printed to be committed to the Committee on Finance
AN ACT to amend the public health law, in relation to the description of
marihuana, and the growing of and use of marihuana by persons eighteen
years of age or older; to amend the vehicle and traffic law, in
relation to making technical changes regarding the definition of mari-
huana; to amend the penal law, in relation to the qualification of
certain offenses involving marihuana and to exempt certain persons
from prosecution for the use, consumption, display, production or
distribution of marihuana; to amend the alcoholic beverage control
law, in relation to providing for the licensure of persons authorized
to produce, process and sell marihuana; to amend the tax law, in
relation to providing for the levying of an excise tax on certain
sales of marihuana; to amend the criminal procedure law, the civil
practice law and rules, the general business law, the state finance
law, the executive law, the penal law and the vehicle and traffic law,
in relation to making conforming changes; to repeal sections 221.10,
221.25, 221.30, 221.50 and 221.55 of the penal law relating to the
criminal possession and sale of marihuana; to repeal paragraph (f) of
subdivision 2 of section 850 of the general business law relating to
drug related paraphernalia; and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "marihuana
regulation and taxation act".
§ 2. Legislative findings and intent. The legislature finds that
decades of arresting marihuana users has failed to prevent marihuana use
or prevent minors from accessing marihuana. Existing marihuana laws have
created a violent, illegal drug market that consumes millions of dollars
in criminal justice resources each year. Existing marihuana laws have
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05327-03-7
S. 3040 2
also disproportionately impacted African-American and Latino communi-
ties. Regulating, controlling, and taxing marihuana like alcohol will
save criminal justice resources, reduce violent crime, reduce racial
disparities, and generate revenue.
Additionally, industrial hemp is produced in at least 30 nations and
used to create thousands of products including paper, textiles, food
oils, automotive parts, and personal care products. Hundreds of millions
of dollars of industrial hemp products are sold in the United States
each year.
The intent of this act is to regulate, control, and tax marihuana in a
manner similar to alcohol, generate millions of dollars in new revenue,
prevent access to marihuana by those under the age of eighteen years,
reduce the illegal drug market and reduce violent crime, reduce the
racially disparate impact of existing marihuana laws, allow industrial
hemp to be farmed in New York state, and create new industries and
increase employment.
Nothing in this act is intended to limit the authority of any district
government agency or office or employers to enact and enforce policies
pertaining to marihuana in the workplace, to allow driving under the
influence of marihuana, to allow individuals to engage in conduct that
endangers others, to allow smoking marihuana in any location where smok-
ing tobacco is prohibited, or to require any individual to engage in any
conduct that violates federal law or to exempt anyone from any require-
ment of federal law or pose any obstacle to the federal enforcement of
federal law.
Nothing in this act is intended to limit any privileges or rights of a
medical marihuana patient or medical marihuana caregiver under the New
York Compassionate Care Act.
§ 3. Section 3302 of the public health law, as added by chapter 878 of
the laws of 1972, subdivisions 1, 14, 16, 17 and 27 as amended and
subdivisions 4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19, 20, 21, 22, 23, 24,
25, 26, 28, 29 and 30 as renumbered by chapter 537 of the laws of 1998,
subdivisions 9 and 10 as amended and subdivisions 34, 35, 36, 37, 38, 39
and 40 as added by chapter 178 of the laws of 2010, paragraph (a) of
subdivision 20, the opening paragraph of subdivision 22 and subdivision
29 as amended by chapter 163 of the laws of 1973, subdivision 31 as
amended by section 4 of part A of chapter 58 of the laws of 2004, subdi-
vision 41 as added by section 6 of part A of chapter 447 of the laws of
2012, and subdivisions 42 and 43 as added by section 13 of part D of
chapter 60 of the laws of 2014, is amended to read as follows:
§ 3302. Definitions of terms of general use in this article. Except
where different meanings are expressly specified in subsequent
provisions of this article, the following terms have the following mean-
ings:
1. "Addict" means a person who habitually uses a controlled substance
for a non-legitimate or unlawful use, and who by reason of such use is
dependent thereon.
2. "Administer" means the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject.
3. "Agent" means an authorized person who acts on behalf of or at the
direction of a manufacturer, distributor, or dispenser. No person may be
authorized to so act if under title VIII of the education law such
person would not be permitted to engage in such conduct. It does not
include a common or contract carrier, public warehouseman, or employee
S. 3040 3
of the carrier or warehouseman when acting in the usual and lawful
course of the carrier's or warehouseman's business.
4. ["Concentrated Cannabis" means
(a) the separated resin, whether crude or purified, obtained from a
plant of the genus Cannabis; or
(b) a material, preparation, mixture, compound or other substance
which contains more than two and one-half percent by weight of delta-9
tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering
system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
terpene numbering system.
5.] "Controlled substance" means a substance or substances listed in
section thirty-three hundred six of this [chapter] TITLE.
[6.] 5. "Commissioner" means commissioner of health of the state of
New York.
[7.] 6. "Deliver" or "delivery" means the actual, constructive or
attempted transfer from one person to another of a controlled substance,
whether or not there is an agency relationship.
[8.] 7. "Department" means the department of health of the state of
New York.
[9.] 8. "Dispense" means to deliver a controlled substance to an ulti-
mate user or research subject by lawful means, including by means of the
internet, and includes the packaging, labeling, or compounding necessary
to prepare the substance for such delivery.
[10.] 9. "Distribute" means to deliver a controlled substance, includ-
ing by means of the internet, other than by administering or dispensing.
[11.] 10. "Distributor" means a person who distributes a controlled
substance.
[12.] 11. "Diversion" means manufacture, possession, delivery or use
of a controlled substance by a person or in a manner not specifically
authorized by law.
[13.] 12. "Drug" means
(a) substances recognized as drugs in the official United States Phar-
macopoeia, official Homeopathic Pharmacopoeia of the United States, or
official National Formulary, or any supplement to any of them;
(b) substances intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; and
(c) substances (other than food) intended to affect the structure or a
function of the body of man or animal. It does not include devices or
their components, parts, or accessories.
[14.] 13. "Federal agency" means the Drug Enforcement Administration,
United States Department of Justice, or its successor agency.
[15.] 14. "Federal controlled substances act" means the Comprehensive
Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, and
any act or acts amendatory or supplemental thereto or regulations
promulgated thereunder.
[16.] 15. "Federal registration number" means such number assigned by
the Federal agency to any person authorized to manufacture, distribute,
sell, dispense or administer controlled substances.
[17.] 16. "Habitual user" means any person who is, or by reason of
repeated use of any controlled substance for non-legitimate or unlawful
use is in danger of becoming, dependent upon such substance.
[18.] 17. "Institutional dispenser" means a hospital, veterinary
hospital, clinic, dispensary, maternity home, nursing home, mental
hospital or similar facility approved and certified by the department as
authorized to obtain controlled substances by distribution and to
S. 3040 4
dispense and administer such substances pursuant to the order of a prac-
titioner.
[19.] 18. "License" means a written authorization issued by the
department or the New York state department of education permitting
persons to engage in a specified activity with respect to controlled
substances.
[20.] 19. "Manufacture" means the production, preparation, propa-
gation, compounding, cultivation, conversion or processing of a
controlled substance, either directly or indirectly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and
includes any packaging or repackaging of the substance or labeling or
relabeling of its container, except that this term does not include the
preparation, compounding, packaging or labeling of a controlled
substance:
(a) by a practitioner as an incident to his administering or dispens-
ing of a controlled substance in the course of his professional prac-
tice; or
(b) by a practitioner, or by his authorized agent under his super-
vision, for the purpose of, or as an incident to, research, teaching, or
chemical analysis and not for sale; or
(c) by a pharmacist as an incident to his dispensing of a controlled
substance in the course of his professional practice.
[21. "Marihuana" means all parts of the plant of the genus Cannabis,
whether growing or not; the seeds thereof; the resin extracted from any
part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin. It does not
include the mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound, manu-
facture, salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the
sterilized seed of the plant which is incapable of germination.
22.] 20. "Narcotic drug" means any of the following, whether produced
directly or indirectly by extraction from substances of vegetable
origin, or independently by means of chemical synthesis, or by a combi-
nation of extraction and chemical synthesis:
(a) opium and opiate, and any salt, compound, derivative, or prepara-
tion of opium or opiate;
(b) any salt, compound, isomer, derivative, or preparation thereof
which is chemically equivalent or identical with any of the substances
referred to in [subdivision] PARAGRAPH (a) OF THIS SUBDIVISION, but not
including the isoquinoline alkaloids of opium;
(c) opium poppy and poppy straw.
[23.] 21. "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining
liability. It does not include, unless specifically designated as
controlled under section [3306] THIRTY-THREE HUNDRED SIX of this [arti-
cle] TITLE, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and
its salts (dextromethorphan). It does include its racemic and levorota-
tory forms.
[24.] 22. "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
[25.] 23. "Person" means individual, institution, corporation, govern-
ment or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other legal entity.
S. 3040 5
[26.] 24. "Pharmacist" means any person licensed by the state depart-
ment of education to practice pharmacy.
[27.] 25. "Pharmacy" means any place registered as such by the New
York state board of pharmacy and registered with the Federal agency
pursuant to the federal controlled substances act.
[28.] 26. "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.
[29.] 27. "Practitioner" means:
A physician, dentist, podiatrist, veterinarian, scientific investi-
gator, or other person licensed, or otherwise permitted to dispense,
administer or conduct research with respect to a controlled substance in
the course of a licensed professional practice or research licensed
pursuant to this article. Such person shall be deemed a "practitioner"
only as to such substances, or conduct relating to such substances, as
is permitted by his license, permit or otherwise permitted by law.
[30.] 28. "Prescribe" means a direction or authorization, by
prescription, permitting an ultimate user lawfully to obtain controlled
substances from any person authorized by law to dispense such
substances.
[31.] 29. "Prescription" shall mean an official New York state
prescription, an electronic prescription, an oral prescription[,] OR an
out-of-state prescription[, or any one].
[32.] 30. "Sell" means to sell, exchange, give or dispose of to anoth-
er, or offer or agree to do the same.
[33.] 31. "Ultimate user" means a person who lawfully obtains and
possesses a controlled substance for his own use or the use by a member
of his household or for an animal owned by him or in his custody. It
shall also mean and include a person designated, by a practitioner on a
prescription, to obtain such substance on behalf of the patient for whom
such substance is intended.
[34.] 32. "Internet" means collectively computer and telecommuni-
cations facilities which comprise the worldwide network of networks that
employ a set of industry standards and protocols, or any predecessor or
successor protocol to such protocol, to exchange information of all
kinds. "Internet," as used in this article, also includes other
networks, whether private or public, used to transmit information by
electronic means.
[35.] 33. "By means of the internet" means any sale, delivery,
distribution, or dispensing of a controlled substance that uses the
internet, is initiated by use of the internet or causes the internet to
be used.
[36.] 34. "Online dispenser" means a practitioner, pharmacy, or person
in the United States that sells, delivers or dispenses, or offers to
sell, deliver, or dispense, a controlled substance by means of the
internet.
[37.] 35. "Electronic prescription" means a prescription issued with
an electronic signature and transmitted by electronic means in accord-
ance with regulations of the commissioner and the commissioner of educa-
tion and consistent with federal requirements. A prescription generated
on an electronic system that is printed out or transmitted via facsimile
is not considered an electronic prescription and must be manually
signed.
[38.] 36. "Electronic" means of or relating to technology having elec-
trical, digital, magnetic, wireless, optical, electromagnetic or similar
capabilities. "Electronic" shall not include facsimile.
S. 3040 6
[39.] 37. "Electronic record" means a paperless record that is
created, generated, transmitted, communicated, received or stored by
means of electronic equipment and includes the preservation, retrieval,
use and disposition in accordance with regulations of the commissioner
and the commissioner of education and in compliance with federal law and
regulations.
[40.] 38. "Electronic signature" means an electronic sound, symbol, or
process, attached to or logically associated with an electronic record
and executed or adopted by a person with the intent to sign the record,
in accordance with regulations of the commissioner and the commissioner
of education.
[41.] 39. "Registry" or "prescription monitoring program registry"
means the prescription monitoring program registry established pursuant
to section thirty-three hundred forty-three-a of this article.
[42.] 40. "Compounding" means the combining, admixing, mixing, dilut-
ing, pooling, reconstituting, or otherwise altering of a drug or bulk
drug substance to create a drug with respect to an outsourcing facility
under section 503B of the federal Food, Drug and Cosmetic Act and
further defined in this section.
[43.] 41. "Outsourcing facility" means a facility that:
(a) is engaged in the compounding of sterile drugs as defined in
section sixty-eight hundred two of the education law;
(b) is currently registered as an outsourcing facility pursuant to
article one hundred thirty-seven of the education law; and
(c) complies with all applicable requirements of federal and state
law, including the Federal Food, Drug and Cosmetic Act.
Notwithstanding any other provision of law to the contrary, when an
outsourcing facility distributes or dispenses any drug to any person
pursuant to a prescription, such outsourcing facility shall be deemed to
be providing pharmacy services and shall be subject to all laws, rules
and regulations governing pharmacies and pharmacy services.
§ 4. Paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28, 29, 30, 31 and 32 of subdivision (d) of schedule I of
section 3306 of the public health law, paragraphs 13, 14, 15, 16, 17,
18, 19, 20, 21, 22, 23 and 24 as added by chapter 664 of the laws of
1985, paragraphs 25, 26, 27, 28, 29 and 30 as added by chapter 589 of
the laws of 1996 and paragraphs 31 and 32 as added by chapter 457 of the
laws of 2006, are amended to read as follows:
(13) [Marihuana.
(14)] Mescaline.
[(15)] (14) Parahexyl. Some trade or other names: 3-Hexyl-1-hydroxy-
7,8,9,10-tetra hydro-6,6,9-trimethyl-6H-dibenfo{b,d} pyran.
[(16)] (15) Peyote. Meaning all parts of the plant presently classi-
fied botanically as Lophophora williamsii Lemaire, whether growing or
not, the seeds thereof, any extract from any part of such plant, and
every compound, manufacture, salts, derivative, mixture, or preparation
of such plant, its seeds or extracts.
[(17)] (16) N-ethyl-3-piperidyl benzilate.
[(18)] (17) N-methyl-3-piperidyl benzilate.
[(19)] (18) Psilocybin.
[(20)] (19) Psilocyn.
[(21)] (20) Tetrahydrocannabinols. Synthetic TETRAHYDROCANNABINOLS NOT
DERIVED FROM THE CANNABIS PLANT THAT ARE equivalents of the substances
contained in the plant, or in the resinous extractives of cannabis, sp.
and/or synthetic substances, derivatives, and their isomers with similar
chemical structure and pharmacological activity such as the following:
S. 3040 7
/\1 cis or trans tetrahydrocannabinol, and their optical isomers
/\6 cis or trans tetrahydrocannabinol, and their optical isomers
/\3, 4 cis or trans tetrahydrocannabinol, and its optical isomers
(since nomenclature of these substances is not internationally standard-
ized, compounds of these structures, regardless of numerical designation
of atomic positions covered).
[(22)] (21) Ethylamine analog of phencyclidine. Some trade or other
names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethyla-
mine, N-(1-phenylcyclohexyl) ethylamine cyclohexamine, PCE.
[(23)] (22) Pyrrolidine analog of phencyclidine. Some trade or other
names 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy, PHP.
[(24)] (23) Thiophene analog of phencyclidine. Some trade or other
names: 1-{1-(2-thienyl)-cyclohexyl}-piperidine, 2-thienylanalog of
phencyclidine, TPCP, TCP.
[(25)] (24) 3,4-methylenedioxymethamphetamine (MDMA).
[(26)] (25) 3,4-methylendioxy-N-ethylamphetamine (also known as
N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA,
MDE, MDEA.
[(27)] (26) N-hydroxy-3,4-methylenedioxyamphetamine (also known as
N-hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and
N-hydroxy MDA.
[(28)] (27) 1-{1- (2-thienyl) cyclohexyl} pyrrolidine. Some other
names: TCPY.
[(29)] (28) Alpha-ethyltryptamine. Some trade or other names:
etryptamine; Monase; Alpha-ethyl-1H-indole-3-ethanamine;
3- (2-aminobutyl) indole; Alpha-ET or AET.
[(30)] (29) 2,5-dimethoxy-4-ethylamphetamine. Some trade or other
names: DOET.
[(31)] (30) 4-Bromo-2,5-dimethoxyphenethylamine. Some trade or other
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl
DOB; 2C-B, Nexus.
[(32)] (31) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its
optical isomers, salts and salts of isomers.
§ 5. Section 3382 of the public health law, as added by chapter 878 of
the laws of 1972, is amended to read as follows:
§ 3382. Growing of the plant known as Cannabis by unlicensed persons.
A person who, without being licensed so to do under this article, grows
the plant of the genus Cannabis or knowingly allows it to grow on his
land without destroying the same, shall be guilty of a class A
misdemeanor. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A PERSON
EIGHTEEN YEARS OF AGE OR OLDER WHO POSSESSES, GROWS, OR TRANSPORTS NO
MORE THAN SIX MARIHUANA PLANTS, WITH THREE OR FEWER BEING MATURE,
FLOWERING PLANTS, PROVIDED THAT THE PLANTS ARE GROWN IN AN ENCLOSED,
LOCKED SPACE, NOT OPENLY OR PUBLICLY, AND THAT THE MARIHUANA IS NOT
SOLD.
§ 6. Subdivision 1 of section 3397-b of the public health law, as
added by chapter 810 of the laws of 1980, is amended to read as follows:
1. ["Marijuana"] "MARIHUANA" means [marijuana] MARIHUANA as defined in
[section thirty-three hundred two of this chapter] SUBDIVISION SIX OF
SECTION 220.00 OF THE PENAL LAW and shall also include
tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinol.
§ 7. Section 114-a of the vehicle and traffic law, as added by chapter
163 of the laws of 1973, is amended to read as follows:
§ 114-a. Drug. The term "drug" when used in this chapter, means and
includes any substance listed in section thirty-three hundred six of the
S. 3040 8
public health law AND MARIHUANA AND CONCENTRATED CANNABIS AS DEFINED IN
SECTION 220.00 OF THE PENAL LAW.
§ 8. Subdivisions 5, 6 and 9 of section 220.00 of the penal law,
subdivision 5 as amended by chapter 537 of the laws of 1998, subdivision
6 as amended by chapter 1051 of the laws of 1973 and subdivision 9 as
amended by chapter 664 of the laws of 1985, are amended and a new subdi-
vision 21 is added to read as follows:
5. "Controlled substance" means any substance listed in schedule I,
II, III, IV or V of section thirty-three hundred six of the public
health law other than marihuana, but including concentrated cannabis as
defined in [paragraph (a) of subdivision four of section thirty-three
hundred two of such law] SUBDIVISION TWENTY-ONE OF THIS SECTION.
6. "Marihuana" means ["marihuana" or "concentrated cannabis" as those
terms are defined in section thirty-three hundred two of the public
health law] ALL PARTS OF THE PLANT OF THE GENUS CANNABIS, WHETHER GROW-
ING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY PART OF THE
PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR
PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT INCLUDE THE
MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS, OIL OR CAKE
MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANUFACTURE, SALT,
DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS (EXCEPT THE
RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE STERILIZED SEED
OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES NOT INCLUDE ALL
PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING OR NOT, HAVING NO
MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNABINOL (THC).
9. "Hallucinogen" means any controlled substance listed in schedule
I(d) (5), [(18), (19), (20), (21) and (22)] (17), (18), (19), (20) AND
(21).
21. "CONCENTRATED CANNABIS" MEANS:
(A) THE SEPARATED RESIN, WHETHER CRUDE OR PURIFIED, OBTAINED FROM A
PLANT OF THE GENUS CANNABIS; OR
(B) A MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE
WHICH CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDRO-
CANNABINOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR
DELTA-1 TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE
NUMBERING SYSTEM.
§ 9. Subdivision 4 of section 220.06 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
4. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in [paragraph (a) of subdi-
vision four of section thirty-three hundred two of the public health
law] SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE and said
preparations, compounds, mixtures or substances are of an aggregate
weight of one-fourth ounce or more; or
§ 10. Subdivision 10 of section 220.09 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
10. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in [paragraph (a) of subdi-
vision four of section thirty-three hundred two of the public health
law] SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE and said
preparations, compounds, mixtures or substances are of an aggregate
weight of one ounce or more; or
§ 11. Subdivision 3 of section 220.34 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
S. 3040 9
3. concentrated cannabis as defined in [paragraph (a) of subdivision
four of section thirty-three hundred two of the public health law]
SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE; or
§ 12. Section 220.50 of the penal law, as amended by chapter 627 of
the laws of 1990, is amended to read as follows:
§ 220.50 Criminally using drug paraphernalia in the second degree.
A person is guilty of criminally using drug paraphernalia in the
second degree when he knowingly possesses or sells:
1. Diluents, dilutants or adulterants, including but not limited to,
any of the following: quinine hydrochloride, mannitol, mannite, lactose
or dextrose, adapted for the dilution of narcotic drugs or stimulants
under circumstances evincing an intent to use, or under circumstances
evincing knowledge that some person intends to use, the same for
purposes of unlawfully mixing, compounding, or otherwise preparing any
narcotic drug or stimulant, OTHER THAN MARIHUANA OR CONCENTRATED CANNA-
BIS; or
2. Gelatine capsules, glassine envelopes, vials, capsules or any other
material suitable for the packaging of individual quantities of narcotic
drugs or stimulants under circumstances evincing an intent to use, or
under circumstances evincing knowledge that some person intends to use,
the same for the purpose of unlawfully manufacturing, packaging or
dispensing of any narcotic drug or stimulant, OTHER THAN MARIHUANA OR
CONCENTRATED CANNABIS; or
3. Scales and balances used or designed for the purpose of weighing or
measuring controlled substances, under circumstances evincing an intent
to use, or under circumstances evincing knowledge that some person
intends to use, the same for purpose of unlawfully manufacturing, pack-
aging or dispensing of any narcotic drug or stimulant, OTHER THAN MARI-
HUANA OR CONCENTRATED CANNABIS.
Criminally using drug paraphernalia in the second degree is a class A
misdemeanor.
§ 13. Section 221.05 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
§ 221.05 Unlawful possession of marihuana.
A person is guilty of unlawful possession of marihuana when he know-
ingly and unlawfully possesses [marihuana]:
1. MARIHUANA AND IS LESS THAN EIGHTEEN YEARS OF AGE; OR
2. MARIHUANA IN A PUBLIC PLACE, AS DEFINED IN SECTION 240.00 OF THIS
PART, AND SUCH MARIHUANA IS BURNING.
Unlawful possession of marihuana is a violation punishable only by a
fine of not more than one hundred dollars. However, where the defendant
has previously been convicted of an offense defined in this article or
article [220] TWO HUNDRED TWENTY of this [chapter] TITLE, committed
within the three years immediately preceding such violation, it shall be
punishable (a) only by a fine of not more than two hundred dollars, if
the defendant was previously convicted of one such offense committed
during such period, and (b) by a fine of not more than two hundred fifty
dollars or a term of imprisonment not in excess of fifteen days or both,
if the defendant was previously convicted of two such offenses committed
during such period.
§ 14. Section 221.15 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
§ 221.15 Criminal possession of marihuana in the [fourth] SECOND degree.
A person is guilty of criminal possession of marihuana in the [fourth]
SECOND degree when he knowingly and unlawfully possesses [one or more
S. 3040 10
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of] more than two ounces OF MARIHUANA, MORE THAN SIXTEEN OUNCES
FOR ANY MIXTURES OR SUBSTANCES CONTAINING MARIHUANA IN SOLID FORM, OR
MORE THAN SEVENTY-TWO OUNCES FOR ANY MIXTURES OR SUBSTANCES CONTAINING
MARIHUANA IN LIQUID FORM, OR MORE THAN ONE-FOURTH OF ONE OUNCE OF
CONCENTRATED CANNABIS.
Criminal possession of marihuana in the [fourth] SECOND degree is a
class [A] B misdemeanor.
§ 15. Section 221.20 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
§ 221.20 Criminal possession of marihuana in the [third] FIRST degree.
A person is guilty of criminal possession of marihuana in the [third]
FIRST degree when he knowingly and unlawfully possesses [one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of] more than eight ounces OF MARIHUANA, MORE THAN SIXTY-FOUR
OUNCES FOR ANY MIXTURES OR SUBSTANCES CONTAINING MARIHUANA IN SOLID
FORM, OR MORE THAN TWO GALLONS FOR ANY MIXTURES OR SUBSTANCES CONTAINING
MARIHUANA IN LIQUID FORM, OR MORE THAN ONE OUNCE OF CONCENTRATED CANNA-
BIS.
Criminal possession of marihuana in the [third] FIRST degree is a
class [E felony] A MISDEMEANOR.
§ 16. Sections 221.10, 221.25 and 221.30 of the penal law are
REPEALED.
§ 17. The penal law is amended by adding a new section 221.25 to read
as follows:
§ 221.25 HOME CULTIVATION OF MARIHUANA EXCEPTION.
THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO A PERSON EIGHTEEN
YEARS OF AGE OR OLDER WHO POSSESSES, GROWS, OR TRANSPORTS NO MORE THAN
SIX MARIHUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING
PLANTS, PROVIDED THAT THE PLANTS ARE GROWN IN AN ENCLOSED, LOCKED SPACE,
NOT OPENLY OR PUBLICLY, AND THAT THE MARIHUANA IS NOT SOLD.
§ 18. Section 221.35 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
§ 221.35 Criminal sale of marihuana in the [fifth] THIRD degree.
A person LESS THAN EIGHTEEN YEARS OF AGE is guilty of criminal sale of
marihuana in the [fifth] THIRD degree when he knowingly and unlawfully
sells, without consideration, one or more preparations, compounds,
mixtures or substances containing marihuana and the preparations,
compounds, mixtures or substances are of an aggregate weight of two
grams or less; or one cigarette containing marihuana.
Criminal sale of marihuana in the [fifth] THIRD degree is a class B
misdemeanor.
§ 19. Section 221.40 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
§ 221.40 Criminal sale of marihuana in the [fourth] SECOND degree.
A person is guilty of criminal sale of marihuana in the [fourth]
SECOND degree when he knowingly and unlawfully sells marihuana FOR
CONSIDERATION except as provided in section 221.35 of this article.
Criminal sale of marihuana in the [fourth] SECOND degree is a class A
misdemeanor.
S. 3040 11
§ 20. Section 221.45 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
§ 221.45 Criminal sale of marihuana in the [third] FIRST degree.
A person is guilty of criminal sale of marihuana in the [third] FIRST
degree when he knowingly and unlawfully sells [one or more preparations,
compounds, mixtures or substances containing marihuana and the prepara-
tions, compounds, mixtures or substances are of an aggregate weight of
more than twenty-five grams] TWO OUNCES OF MARIHUANA, MORE THAN SIXTEEN
OUNCES FOR ANY MIXTURES OR SUBSTANCES CONTAINING MARIHUANA IN SOLID
FORM, OR MORE THAN SEVENTY-TWO OUNCES FOR ANY MIXTURES OR SUBSTANCES
CONTAINING MARIHUANA IN LIQUID FORM, OR MORE THAN ONE-FOURTH OF ONE
OUNCE OF CONCENTRATED CANNABIS.
Criminal sale of marihuana in the [third] FIRST degree is a class E
felony.
§ 21. Sections 221.50 and 221.55 of the penal law are REPEALED.
§ 22. The penal law is amended by adding a new section 221.60 to read
as follows:
§ 221.60 LICENSING OF MARIHUANA PRODUCTION AND DISTRIBUTION.
THE PROVISIONS OF THIS ARTICLE AND OF ARTICLE TWO HUNDRED TWENTY OF
THIS TITLE SHALL NOT APPLY TO ANY PERSON EXEMPTED FROM CRIMINAL PENAL-
TIES PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR POSSESSING, MANUFAC-
TURING, TRANSPORTING, DISTRIBUTING, SELLING OR TRANSFERRING MARIHUANA OR
CONCENTRATED CANNABIS, OR ENGAGED IN ANY OTHER ACTION THAT IS IN COMPLI-
ANCE WITH ARTICLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
§ 23. Subdivision 8 of section 1399-n of the public health law, as
amended by chapter 13 of the laws of 2003, is amended to read as
follows:
8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains tobacco OR MARIHUANA.
§ 24. Section 2 of the alcoholic beverage control law, as amended by
chapter 406 of the laws of 2014, is amended to read as follows:
§ 2. Policy of state and purpose of chapter. It is hereby declared as
the policy of the state that it is necessary to regulate and control the
manufacture, sale and distribution within the state of alcoholic bever-
ages AND MARIHUANA PRODUCTS for the purpose of fostering and promoting
temperance in their consumption and respect for and obedience to law;
for the primary purpose of promoting the health, welfare and safety of
the people of the state, promoting temperance in the consumption of
alcoholic beverages AND MARIHUANA PRODUCTS; and, to the extent possible,
supporting economic growth, job development, and the state's alcoholic
beverage production industries and its tourism and recreation industry;
and which promotes the conservation and enhancement of state agricul-
tural lands; provided that such activities do not conflict with the
primary regulatory objectives of this chapter. It is hereby declared
that such policies will best be carried out by empowering the liquor
authority of the state to determine whether public convenience and
advantage will be promoted by the issuance of licenses to traffic in
alcoholic beverages AND MARIHUANA PRODUCTS, the increase or decrease in
the number thereof and the location of premises licensed thereby,
subject only to the right of judicial review provided for in this chap-
ter. It is the purpose of this chapter to carry out these policies in
the public interest.
§ 25. Subdivisions 20-a, 20-b, 20-c, 20-d and 20-e of section 3 of the
alcoholic beverage control law are renumbered subdivisions 20-j, 20-k,
S. 3040 12
20-l, 20-m and 20-n and ten new subdivisions 7-e, 20-a, 20-b, 20-c,
20-d, 20-e, 20-f, 20-g, 20-h and 20-i are added to read as follows:
7-E. "CONCENTRATED CANNABIS" MEANS: (A) THE SEPARATED RESIN, WHETHER
CRUDE OR PURIFIED, OBTAINED FROM A PLANT OF THE GENUS CANNABIS; OR
(B) A MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE
WHICH CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDRO-
CANNABINOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR
DELTA-1 TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE
NUMBERING SYSTEM.
20-A. "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,
WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY
PART OF THE PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE,
MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT
INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS,
OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-
FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS
(EXCEPT THE RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE
STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES
NOT INCLUDE ALL PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING
OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-
BINOL (THC).
20-B. "MARIHUANA CONSUMER" MEANS A PERSON TWENTY-ONE YEARS OF AGE OR
OLDER WHO PURCHASES MARIHUANA OR MARIHUANA PRODUCTS FOR PERSONAL USE BY
PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.
20-C. "MARIHUANA PROCESSOR" MEANS A PERSON LICENSED BY THE AUTHORITY
TO PURCHASE MARIHUANA AND CONCENTRATED CANNABIS FROM MARIHUANA PRODUC-
ERS, TO PROCESS MARIHUANA, CONCENTRATED CANNABIS, AND MARIHUANA INFUSED
PRODUCTS, PACKAGE AND LABEL MARIHUANA, CONCENTRATED CANNABIS AND MARI-
HUANA INFUSED PRODUCTS FOR SALE IN RETAIL OUTLETS, AND SELL MARIHUANA,
CONCENTRATED CANNABIS AND MARIHUANA INFUSED PRODUCTS AT WHOLESALE TO
MARIHUANA RETAILERS.
20-D. "MARIHUANA PRODUCER" MEANS A PERSON LICENSED BY THE AUTHORITY TO
PRODUCE, PROCESS, AND SELL MARIHUANA AND CONCENTRATED CANNABIS AT WHOLE-
SALE TO MARIHUANA PROCESSORS, MARIHUANA RETAILERS, OR OTHER MARIHUANA
PRODUCERS, BUT NOT TO CONSUMERS.
20-E. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS.
20-F. "MARIHUANA-INFUSED PRODUCTS" MEANS PRODUCTS THAT CONTAIN MARI-
HUANA, MARIHUANA EXTRACTS, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR
HUMAN USE OR CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS,
OINTMENTS, AND TINCTURES.
20-G. "MARIHUANA RETAILER" MEANS A PERSON LICENSED BY THE AUTHORITY TO
PURCHASE MARIHUANA, CONCENTRATED CANNABIS, AND MARIHUANA-INFUSED
PRODUCTS FROM MARIHUANA PRODUCERS AND MARIHUANA PROCESSORS AND SELL
MARIHUANA, MARIHUANA INFUSED PRODUCTS, AND CONCENTRATED CANNABIS IN A
RETAIL OUTLET.
20-H. "MARIHUANA RETAILER FOR ON-PREMISES CONSUMPTION" MEANS A PERSON
LICENSED BY THE AUTHORITY TO PURCHASE MARIHUANA, CONCENTRATED CANNABIS,
AND MARIHUANA INFUSED PRODUCTS FROM MARIHUANA PRODUCERS, MARIHUANA
RETAILERS, AND MARIHUANA PROCESSORS AND SELL MARIHUANA PRODUCTS FOR A
CUSTOMER TO CONSUME WHILE THE CUSTOMER IS WITHIN A FACILITY.
20-I. "UNREASONABLY IMPRACTICABLE" MEANS THAT THE MEASURES NECESSARY
TO COMPLY WITH THE REGULATIONS REQUIRE SUCH A HIGH INVESTMENT OF RISK,
MONEY, TIME OR OTHER RESOURCE OR ASSET THAT THE OPERATION OF A MARIHUANA
ESTABLISHMENT IS NOT WORTHY OF BEING CARRIED OUT BY A REASONABLY PRUDENT
BUSINESSPERSON.
S. 3040 13
§ 26. Subdivision 12 of section 17 of the alcoholic beverage control
law, as amended by chapter 549 of the laws of 2001, and the closing
paragraph as amended by chapter 435 of the laws of 2010, is amended to
read as follows:
12. To develop and establish minimum criteria for alcohol AND MARIHUA-
NA ABUSE training awareness programs which may be given and administered
by schools; other entities including trade associations whose members
are engaged in or involved in the retail sale of alcoholic beverages OR
MARIHUANA PRODUCTS; national and regional franchisors who have granted
at least five franchises in the state which are licensed to sell beer at
retail for off-premises consumption; licensees authorized to sell alco-
holic beverages at retail for off-premises consumption operating five or
more licensed premises; and persons interested, whether as an individual
proprietor or partner or officer or member of a limited liability compa-
ny, in five or more licensees authorized to sell alcoholic beverages at
retail for off-premises consumption. The authority shall provide for the
issuance of certificates of approval to all certified alcohol AND MARI-
HUANA ABUSE training awareness programs. Certificates of approval may be
revoked by the authority for failure to adhere to the authority's rules
and regulations. Such rules and regulations shall afford those who have
been issued a certificate of approval an opportunity for a hearing prior
to any determination of whether such certificate should be revoked.
No licensee shall be required to apply for any such certificate or
renewal certificate and the licensee may voluntarily surrender such a
certificate or renewal certificate at any time. A fee in the amount of
nine hundred dollars shall be paid to the authority with each applica-
tion for a certificate of approval or renewal certificate. The authority
shall promptly refund such fee to an applicant whose application was
denied. Each certificate of approval and renewal thereof shall be issued
for a period of three years. To effectuate the provisions of this subdi-
vision, the authority is empowered to require in connection with an
application the submission of such information as the authority may
direct; to prescribe forms of applications and of all reports which it
deems necessary to be made by any applicant or certificate holder; to
conduct investigations; to require the maintenance of such books and
records as the authority may direct; to revoke, cancel, or suspend for
cause any certificate provided for in this subdivision. Each entity
authorized to give and administer an alcohol training OR MARIHUANA ABUSE
awareness program shall issue certificates of completion to all licen-
sees and employees who successfully complete such an approved alcohol
training OR MARIHUANA ABUSE awareness program. Such entity shall regu-
larly transmit to the authority the names, addresses and dates of
attendance of all the licensees and employees of licensees who success-
fully complete an approved alcohol training OR MARIHUANA ABUSE awareness
program. Such transmittal shall be in a form and manner prescribed by
the authority. The authority shall adopt rules and regulations to effec-
tuate the provisions of this subdivision, including the minimum require-
ments for the curriculum of each such training program and the regular
ongoing training of employees holding certificates of completion or
renewal certificates. Such rules and regulations shall include the mini-
mum requirements for a separate curriculum for licensees and their
employees authorized to sell alcoholic beverages at retail for off-prem-
ises consumption, minimum requirements for a separate curriculum for
licensees and their employees authorized to sell alcoholic beverages at
retail for on-premises consumption, and the form of a certificate of
completion or renewal thereof to be issued in respect to each such type
S. 3040 14
of program. A certificate of completion or renewal thereof issued by an
entity authorized to give and administer an alcohol training OR MARIHUA-
NA ABUSE awareness program pursuant to this subdivision to licensees and
their employees authorized to sell alcoholic beverages at retail for
off-premises consumption shall not be invalidated by a change of employ-
ment to another such licensee. A certificate of completion or renewal
thereof issued by an entity authorized to give and administer an alcohol
training OR MARIHUANA ABUSE awareness program pursuant to this subdivi-
sion to licensees and their employees authorized to sell alcoholic
beverages at retail for on-premises consumption shall not be invalidated
by a change of employment to another such licensee. Attendance at any
course established pursuant to this section shall be in person, through
distance learning methods, or through an internet based online program.
§ 27. Section 65-b of the alcoholic beverage control law, as amended
by chapter 519 of the laws of 1999, paragraphs (b) and (c) of subdivi-
sion 3 as amended by chapter 257 of the laws of 2013 and the opening
paragraph of subdivision 6 as amended by chapter 503 of the laws of
2000, is amended to read as follows:
§ 65-b. Offense for one under age of twenty-one years to purchase or
attempt to purchase an alcoholic beverage OR MARIHUANA PRODUCTS through
fraudulent means. 1. As used in this section: (a) "A device capable of
deciphering any electronically readable format" or "device" shall mean
any commercial device or combination of devices used at a point of sale
or entry that is capable of reading the information encoded on the
magnetic strip or bar code of a driver's license or non-driver identifi-
cation card issued by the commissioner of motor vehicles;
(b) "Card holder" means any person presenting a driver's license or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter; and
(c) "Transaction scan" means the process involving a device capable of
deciphering any electronically readable format by which a licensee, or
agent or employee of a licensee under this chapter reviews a driver's
license or non-driver identification card presented as a precondition
for the purchase of an alcoholic beverage OR MARIHUANA PRODUCTS as
required by subdivision two of this section or as a precondition for
admission to an establishment licensed for the on-premises sale of alco-
holic beverages OR MARIHUANA PRODUCTS where admission is restricted to
persons twenty-one years or older.
2. (a) No person under the age of twenty-one years shall present or
offer to any licensee under this chapter, or to the agent or employee of
such licensee, any written evidence of age which is false, fraudulent or
not actually his OR HER own, for the purpose of purchasing or attempting
to purchase any alcoholic beverage OR MARIHUANA PRODUCTS.
(b) No licensee, or agent or employee of such licensee shall accept as
written evidence of age by any such person for the purchase of any alco-
holic beverage OR MARIHUANA PRODUCTS, any documentation other than: (i)
a valid driver's license or non-driver identification card issued by the
commissioner of motor vehicles, the federal government, any United
States territory, commonwealth or possession, the District of Columbia,
a state government within the United States or a provincial government
of the dominion of Canada, or (ii) a valid passport issued by the United
States government or any other country, or (iii) an identification card
issued by the armed forces of the United States. Upon the presentation
of such driver's license or non-driver identification card issued by a
governmental entity, such licensee or agent or employee thereof may
perform a transaction scan as a precondition to the sale of any alcohol-
S. 3040 15
ic beverage. Nothing in this section shall prohibit a licensee or agent
or employee from performing such a transaction scan on any of the other
documents listed in this subdivision if such documents include a bar
code or magnetic strip that [that] may be scanned by a device capable of
deciphering any electronically readable format.
(c) In instances where the information deciphered by the transaction
scan fails to match the information printed on the driver's license or
non-driver identification card presented by the card holder, or if the
transaction scan indicates that the information is false or fraudulent,
the attempted purchase of the alcoholic beverage OR MARIHUANA PRODUCTS
shall be denied.
3. A person violating the provisions of paragraph (a) of subdivision
two of this section shall be guilty of a violation and shall be
sentenced in accordance with the following:
(a) For a first violation, the court shall order payment of a fine of
not more than one hundred dollars and/or an appropriate amount of commu-
nity service not to exceed thirty hours. In addition, the court may
order completion of an alcohol awareness program established pursuant to
section 19.25 of the mental hygiene law OR A MARIHUANA AWARENESS
PROGRAM.
(b) For a second violation, the court shall order payment of a fine of
not less than fifty dollars nor more than three hundred fifty dollars
and/or an appropriate amount of community service not to exceed sixty
hours. The court also shall order completion of an alcohol OR MARIHUANA
awareness program as referenced in paragraph (a) of this subdivision if
such program has not previously been completed by the offender, unless
the court determines that attendance at such program is not feasible due
to the lack of availability of such program within a reasonably close
proximity to the locality in which the offender resides or matriculates,
as appropriate.
(c) For third and subsequent violations, the court shall order payment
of a fine of not less than fifty dollars nor more than seven hundred
fifty dollars and/or an appropriate amount of community service not to
exceed ninety hours. The court also shall order that such person submit
to an evaluation by an appropriate agency certified or licensed by the
office of alcoholism and substance abuse services to determine whether
the person suffers from the disease of alcoholism or alcohol OR MARIHUA-
NA abuse, unless the court determines that under the circumstances
presented such an evaluation is not necessary, in which case the court
shall state on the record the basis for such determination. Payment for
such evaluation shall be made by such person. If, based on such evalu-
ation, a need for treatment is indicated, such person may choose to
participate in a treatment plan developed by an agency certified or
licensed by the office of alcoholism and substance abuse services. If
such person elects to participate in recommended treatment, the court
shall order that payment of such fine and community service be suspended
pending the completion of such treatment.
(d) Evaluation procedures. For purposes of this subdivision, the
following shall apply:
(i) The contents of an evaluation pursuant to paragraph (c) of this
subdivision shall be used for the sole purpose of determining if such
person suffers from the disease of alcoholism or alcohol OR MARIHUANA
abuse.
(ii) The agency designated by the court to perform such evaluation
shall conduct the evaluation and return the results to the court within
thirty days, subject to any state or federal confidentiality law, rule
S. 3040 16
or regulation governing the confidentiality of alcohol and substance
abuse treatment records.
(iii) The office of alcoholism and substance abuse services shall make
available to each supreme court law library in this state, or, if no
supreme court law library is available in a certain county, to the coun-
ty court law library of such county, a list of agencies certified to
perform evaluations as required by subdivision (f) of section 19.07 of
the mental hygiene law.
(iv) All evaluations required under this subdivision shall be in writ-
ing and the person so evaluated or his or her counsel shall receive a
copy of such evaluation prior to its use by the court.
(v) A minor evaluated under this subdivision shall have, and shall be
informed by the court of, the right to obtain a second opinion regarding
his or her need for alcoholism OR SUBSTANCE ABUSE treatment.
4. A person violating the provisions of paragraph (b) of subdivision
two of this section shall be guilty of a violation punishable by a fine
of not more than one hundred dollars, and/or an appropriate amount of
community service not to exceed thirty hours. In addition, the court may
order completion of an alcohol OR SUBSTANCE ABUSE training awareness
program established pursuant to subdivision twelve of section seventeen
of this chapter where such program is located within a reasonably close
proximity to the locality in which the offender is employed or resides.
5. No determination of guilt pursuant to this section shall operate as
a disqualification of any such person subsequently to hold public
office, public employment, or as a forfeiture of any right or privilege
or to receive any license granted by public authority; and no such
person shall be denominated a criminal by reason of such determination.
6. In addition to the penalties otherwise provided in subdivision
three of this section, if a determination is made sustaining a charge of
illegally purchasing or attempting to illegally purchase an alcoholic
beverage OR MARIHUANA PRODUCTS, the court may suspend such person's
license to drive a motor vehicle and the privilege of an unlicensed
person of obtaining such license, in accordance with the following and
for the following periods, if it is found that a driver's license was
used for the purpose of such illegal purchase or attempt to illegally
purchase; provided, however, that where a person is sentenced pursuant
to paragraph (b) or (c) of subdivision three of this section, the court
shall impose such license suspension if it is found that a driver's
license was used for the purpose of such illegal purchase or attempt to
illegally purchase:
(a) For a first violation of paragraph (a) of subdivision two of this
section, a three month suspension.
(b) For a second violation of paragraph (a) of subdivision two of this
section, a six month suspension.
(c) For a third or subsequent violation of paragraph (a) of subdivi-
sion two of this section, a suspension for one year or until the holder
reaches the age of twenty-one, whichever is the greater period of time.
Such person may thereafter apply for and be issued a restricted use
license in accordance with the provisions of section five hundred thirty
of the vehicle and traffic law.
7. (a) In any proceeding pursuant to subdivision one of section
sixty-five of this article, it shall be an affirmative defense that such
person had produced a driver's license or non-driver identification card
apparently issued by a governmental entity, successfully completed the
transaction scan, and that the alcoholic beverage OR MARIHUANA PRODUCTS
had been sold, delivered or given to such person in reasonable reliance
S. 3040 17
upon such identification and transaction scan. In evaluating the appli-
cability of such affirmative defense, the liquor authority shall take
into consideration any written policy adopted and implemented by the
seller to carry out the provisions of this chapter. Use of a transaction
scan shall not excuse any licensee under this chapter, or agent or
employee of such licensee, from the exercise of reasonable diligence
otherwise required by this section. Notwithstanding the above
provisions, any such affirmative defense shall not be applicable in any
other civil or criminal proceeding, or in any other forum.
(b) A licensee or agent or employee of a licensee may electronically
or mechanically record and maintain only the information from a trans-
action scan necessary to effectuate the purposes of this section. Such
information shall be limited to the following: (i) name, (ii) date of
birth, (iii) driver's license or non-driver identification number, and
(iv) expiration date. The liquor authority and the state commissioner of
motor vehicles shall jointly promulgate any regulation necessary to
govern the recording and maintenance of these records by a licensee
under this chapter. The liquor authority and the commissioner of health
shall jointly promulgate any regulations necessary to ensure quality
control in the use of transaction scan devices.
8. A licensee or agent or employee of such licensee shall only use the
information recorded and maintained through the use of such devices for
the purposes contained in paragraph (a) of subdivision seven of this
section, and shall only use such devices for the purposes contained in
subdivision two of this section. No licensee or agent or employee of a
licensee shall resell or disseminate the information recorded during
such scan to any third person. Such prohibited resale or dissemination
includes, but is not limited to, any advertising, marketing or promo-
tional activities. Notwithstanding the restrictions imposed by this
subdivision, such records may be released pursuant to a court ordered
subpoena or pursuant to any other statute that specifically authorizes
the release of such information. Each violation of this subdivision
shall be punishable by a civil penalty of not more than one thousand
dollars.
§ 28. Section 140 of the alcoholic beverage control law, as amended by
chapter 810 of the laws of 1981, is amended to read as follows:
§ 140. Applicability of chapter before local option. Until such time
as it shall become unlawful to sell alcoholic beverages OR MARIHUANA
PRODUCTS in any town or city by the vote of the voters in such town or
city in the manner provided in this article, all of the provisions of
this chapter shall apply throughout the entire state. This article shall
not apply to the Whiteface mountain ski center, owned by the state and
located in the town of Wilmington, county of Essex.
§ 29. Section 141 of the alcoholic beverage control law, as amended by
chapter 319 of the laws of 2007, is amended to read as follows:
§ 141. Local option for towns. 1. Not less than sixty days nor more
than seventy-five days before the general election in any town at which
the submission of the questions hereinafter stated is authorized by this
article, a petition signed by electors of the town to a number amounting
to twenty-five per centum of the votes cast in the town for governor at
the then last preceding gubernatorial election, acknowledged by the
signers or authenticated by witnesses as provided in the election law in
respect of a nominating petition, requesting the submission at such
election to the electors of the town of one or more of the following
questions, may be filed with the town clerk:
S. 3040 18
Question 1. Tavern alcoholic beverage license. Shall a person be
allowed to obtain a license to operate a tavern with a limited-service
menu (sandwiches, salads, soups, etc.) which permits the tavern operator
to sell alcoholic beverages for a customer to drink while the customer
is within the tavern. In addition, unopened containers of beer (such as
six-packs and kegs) may be sold "to go" for the customer to open and
drink at another location (such as, for example, at his home)?
Question 2. Restaurant alcoholic beverage license. Shall the operator
of a full-service restaurant be allowed to obtain a license which
permits the restaurant operator to sell alcoholic beverages for a
customer to drink while the customer is within the restaurant. In addi-
tion, unopened containers of beer (such as six-packs and kegs) may be
sold "to go" for the customer to open and drink at another location
(such as, for example, at his home)?
Question 3. Year-round hotel alcoholic beverage license. Shall the
operator of a year-round hotel with a full-service restaurant be allowed
to obtain a license which permits the year-round hotel to sell alcoholic
beverages for a customer to drink while the customer is within the
hotel. In addition, unopened containers of beer (such as six-packs and
kegs) may be sold "to go" for the customer to open and drink at another
location (such as, for example, at his home)?
Question 4. Summer hotel alcoholic beverage license. Shall the opera-
tor of a summer hotel with a full-service restaurant, open for business
only within the period from May first to October thirty-first in each
year, be allowed to obtain a license which permits the summer hotel to
sell alcoholic beverages for a customer to drink while the customer is
within the hotel. In addition, unopened containers of beer (such as
six-packs and kegs) may be sold "to go" for the customer to open and
drink at another location (such as, for example, at his home)?
Question 5. Retail package liquor or wine store license. Shall a
person be allowed to obtain a license to operate a retail package
liquor-and-wine or wine-without-liquor store, to sell "to go" unopened
bottles of liquor or wine to a customer to be taken from the store for
the customer to open and drink at another location (such as, for exam-
ple, at his home)?
Question 6. Off-premises beer and wine cooler license. Shall the oper-
ator of a grocery store, drugstore or supply ship operating in the
harbors of Lake Erie be allowed to obtain a license which permits the
operator to sell "to go" unopened containers of beer (such as six-packs
and kegs) and wine coolers with not more than 6% alcohol to a customer
to be taken from the store for the customer to open and drink at another
location (such as, for example, at his home)?
Question 7. Baseball park, racetrack, athletic field or stadium
license. Shall a person be allowed to obtain a license which permits
the sale of beer for a patron's consumption while the patron is within a
baseball park, racetrack, or other athletic field or stadium where
admission fees are charged?
QUESTION 8. MARIHUANA RETAILER LICENSE. SHALL A PERSON BE ALLOWED TO
OBTAIN A LICENSE TO OPERATE A RETAIL MARIHUANA STORE, TO SELL UNOPENED
MARIHUANA PRODUCTS TO A CUSTOMER TO BE TAKEN FROM THE STORE FOR THE
CUSTOMER TO OPEN AND CONSUME AT ANOTHER LOCATION (SUCH AS, FOR EXAMPLE,
AT HIS HOME)?
QUESTION 9. ON-PREMISES MARIHUANA RETAILER LICENSE. SHALL A PERSON BE
ALLOWED TO OBTAIN A LICENSE TO OPERATE A FACILITY WHERE THE SERVICE OF
FOOD IS ONLY INCIDENTAL AND PERMITS THE FACILITY OPERATOR TO SELL MARI-
S. 3040 19
HUANA PRODUCTS FOR A CUSTOMER TO CONSUME WHILE THE CUSTOMER IS WITHIN
THE FACILITY?
2. Upon the due filing of such petition complying with the foregoing
provisions, such questions shall be submitted in accordance therewith.
3. The town clerk shall, within five days from the filing of such
petition in his office, prepare and file in the office of the board of
elections, as defined by the election law, of the county, a certified
copy of such petition. Such questions may be submitted only at the time
of a general election. At least ten days before such general election,
the board of elections shall cause to be printed and posted in at least
four public places in such town, a notice of the fact that all of the
local option questions will be voted on at such general election; and
the said notice shall also be published at least five days before the
vote is to be taken once in a newspaper published in the county in which
such town is situated, which shall be a newspaper published in the town,
if there be one. Whenever such questions are to be submitted under the
provisions of this article the board of elections shall cause the proper
ballot labels to be printed and placed on all voting machines used in
the town in which such questions are to be submitted, in the form
prescribed by the election law in respect of other propositions or ques-
tions, upon the face of which shall be printed in full the said ques-
tions. Any elector qualified to vote for state officers shall be enti-
tled to vote upon such local option questions. As soon as the election
shall be held, a return of the votes cast and counted shall be made as
provided by law and the returns canvassed by the inspectors of election.
If a majority of the votes cast shall be in the negative on all or any
of the questions, no person shall, after such election, sell alcoholic
beverages OR MARIHUANA PRODUCTS in such town contrary to such vote or to
the provisions of this chapter; provided, however, that the result of
such vote shall not shorten the term for which any license may have been
lawfully issued under this chapter or affect the rights of the licensee
thereunder; and no person shall after such vote apply for or receive a
license to sell alcoholic beverages OR MARIHUANA PRODUCTS at retail in
such town contrary to such vote, until, by referendum as hereinafter
provided for, such sale shall again become lawful.
§ 30. Subdivision 3 of section 142 of the alcoholic beverage control
law is amended to read as follows:
3. If a majority of the votes cast shall be in the negative on any or
all of the questions, no person shall, after such election, sell alco-
holic beverages OR MARIHUANA PRODUCTS in such city contrary to such vote
or to the provisions of this chapter; provided, however, that the result
of such vote shall not shorten the term for which any license may have
been lawfully issued under this chapter or affect the rights of the
licensee thereunder; and no person shall after such vote apply for or
receive a license to sell alcoholic beverages OR MARIHUANA PRODUCTS at
retail in such city contrary to such vote, until, by referendum as here-
inafter provided for, such sale shall again become lawful.
§ 31. Subdivision 2 of section 147 of the alcoholic beverage control
law is amended to read as follows:
2. If at the time of any subsequent submission of such questions it
shall be lawful to sell alcoholic beverages OR MARIHUANA PRODUCTS and a
majority of the votes cast shall be in the negative on such questions,
then all of the provisions of this article applicable thereto shall
become effective.
§ 32. Article 11 and sections 160, 161, 162, 163 and 164 of the alco-
holic beverage control law, article 11 and sections 160, 161, 162 and
S. 3040 20
163 as renumbered by chapter 725 of the laws of 1954, are renumbered
article 12 and sections 200, 201, 202, 203 and 204.
§ 33. The alcoholic beverage control law is amended by adding a new
article 11 to read as follows:
ARTICLE 11
PROVISIONS RELATING TO MARIHUANA
SECTION 165. LICENSES ISSUED.
166. PRODUCERS AND PROCESSORS NOT TO BE INTERESTED IN RETAILERS.
167. ACTIONS TAKEN PURSUANT TO A VALID LICENSE ARE LAWFUL.
168. GENERAL PROHIBITIONS AND RESTRICTIONS.
169. CERTAIN OFFICIALS NOT TO BE INTERESTED IN MANUFACTURE OR
SALE OF MARIHUANA.
170. PROVISIONS GOVERNING INITIAL RULEMAKING.
171. PROVISIONS GOVERNING MARIHUANA PRODUCERS.
172. PROVISIONS GOVERNING PROCESSORS.
173. PROVISIONS GOVERNING MARIHUANA RETAILERS.
174. PROVISIONS GOVERNING MARIHUANA RETAILERS FOR CONSUMPTION ON
PREMISES.
175. ADVERTISING AND FORMS OF THE ISSUANCE OF LICENSES.
176. PACKAGING OF MARIHUANA PRODUCTS.
177. LABELING OF MARIHUANA PRODUCTS.
178. RENEWALS OF LICENSES AND PERMITS.
179. INFORMATION TO BE REQUESTED IN APPLICATIONS FOR LICENSES OR
PERMITS.
180. NOTIFICATION TO MUNICIPALITIES.
181. LICENSES, PUBLICATION, GENERAL PROVISIONS.
182. REVOCATION OF LICENSES FOR CAUSE.
183. PROCEDURE FOR REVOCATION OR CANCELLATION.
184. DECISIONS OF LIQUOR AUTHORITY AND REVIEW BY THE COURTS.
185. MINORITY AND WOMEN BUSINESS ENTERPRISES.
186. DISPOSITION OF MONEYS RECEIVED FOR LICENSE FEES.
187. PERSONS FORBIDDEN TO TRAFFIC IN MARIHUANA.
188. SURRENDER OF LICENSE; NOTICE TO POLICE OFFICIALS.
189. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
190. PROTECTIONS FOR THE USE OF MARIHUANA.
191. CIVIL PROTECTIONS FOR THE USE OF MARIHUANA.
192. PROFESSIONAL AND MEDICAL RECORD KEEPING.
§ 165. LICENSES ISSUED. THE FOLLOWING KINDS OF LICENSES SHALL BE
ISSUED BY THE AUTHORITY FOR THE MANUFACTURE AND SALE OF MARIHUANA:
1. MARIHUANA PRODUCER LICENSE;
2. MARIHUANA PROCESSOR LICENSE;
3. MARIHUANA RETAILER LICENSE;
4. MARIHUANA RETAILER LICENSE FOR CONSUMPTION ON THE PREMISES; AND
5. ANY OTHER TYPE OF LICENSES ALLOWED BY THE AUTHORITY.
§ 166. PRODUCERS AND PROCESSORS NOT TO BE INTERESTED IN RETAILERS.
NEITHER A LICENSED PRODUCER NOR A LICENSED PROCESSOR SHALL HAVE A DIRECT
OR INDIRECT FINANCIAL INTEREST IN A LICENSED MARIHUANA RETAILER OR A
MARIHUANA RETAILER LICENSE FOR CONSUMPTION ON THE PREMISES.
§ 167. ACTIONS TAKEN PURSUANT TO A VALID LICENSE ARE LAWFUL. NO
CONTRACTS RELATED TO THE OPERATION OF LICENSES UNDER THIS CHAPTER SHALL
BE DEEMED UNENFORCEABLE ON THE BASIS THAT THE ACTIONS PERMITTED PURSUANT
TO THE LICENSE ARE PROHIBITED BY FEDERAL LAW. THE FOLLOWING ACTIONS ARE
NOT UNLAWFUL AS PROVIDED UNDER THIS CHAPTER, SHALL NOT BE AN OFFENSE
UNDER NEW YORK LAW OR THE LAWS OF ANY LOCALITY WITHIN NEW YORK, AND
SHALL NOT RESULT IN ANY CIVIL FINE, SEIZURE, OR FORFEITURE OF ASSETS
AGAINST ANY PERSON ACTING IN ACCORDANCE WITH THIS CHAPTER:
S. 3040 21
1. ACTIONS OF A LICENSEE, ITS EMPLOYEES, AND ITS AGENTS, AS PERMITTED
BY THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE AUTHOR-
ITY, PURSUANT TO A VALID LICENSE ISSUED BY THE AUTHORITY.
2. ACTIONS OF THOSE WHO ALLOW PROPERTY TO BE USED BY A LICENSEE, ITS
EMPLOYEES, AND ITS AGENTS, AS PERMITTED BY THIS CHAPTER AND CONSISTENT
WITH RULES AND REGULATIONS OF THE AUTHORITY, PURSUANT TO A VALID LICENSE
ISSUED BY THE AUTHORITY.
3. ACTIONS OF ANY PERSON OR ENTITY, THEIR EMPLOYEES, OR THEIR AGENTS
PROVIDING A SERVICE TO A LICENSEE OR POTENTIAL LICENSEE, AS PERMITTED BY
THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE AUTHORITY,
RELATING TO THE FORMATION OF A BUSINESS.
4. THE PURCHASE, POSSESSION, OR CONSUMPTION OF MARIHUANA, AS PERMITTED
BY THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE AUTHOR-
ITY, OBTAINED FROM A VALIDLY LICENSED RETAILER.
§ 168. GENERAL PROHIBITIONS AND RESTRICTIONS. 1. NO MARIHUANA PRODUCTS
MAY BE IMPORTED OR EXPORTED INTO NEW YORK STATE BY A LICENSEE FROM OR TO
A JURISDICTION IN WHICH POSSESSION, TRANSPORT, DISTRIBUTION OF MARIHUANA
OR OTHER MARIHUANA RELATED CONDUCT REMAINS ILLEGAL UNDER THE LAWS OF
THAT JURISDICTION.
2. (A) NO PERSON HOLDING ANY LICENSE PURSUANT TO THIS ARTICLE TO GROW
OR PROCESS MARIHUANA MAY EMPLOY ANY PERSON WHO HAS BEEN CONVICTED OF A
CLASS B VIOLENT FELONY OFFENSE, A CLASS C VIOLENT FELONY OFFENSE, A
CLASS D VIOLENT FELONY OFFENSE, OR A CLASS E VIOLENT FELONY OFFENSE AS
DEFINED BY SECTION 70.02 OF THE PENAL LAW, UNLESS, SUBSEQUENT TO SUCH
CONVICTION, THE PERSON HAS RECEIVED: (I) AN EXECUTIVE PARDON THEREFOR
REMOVING ANY CIVIL DISABILITIES INCURRED THEREBY; (II) A CERTIFICATE OF
RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO
ARTICLE TWENTY-THREE OF THE CORRECTION LAW; (III) OTHER RELIEF FROM
DISABILITIES PROVIDED BY LAW; OR (IV) THE WRITTEN APPROVAL OF THE LIQUOR
AUTHORITY PERMITTING SUCH EMPLOYMENT AS PROVIDED IN PARAGRAPH (B) OF
THIS SUBDIVISION.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, IF THE LIQUOR AUTHORITY ISSUES ITS WRITTEN APPROVAL FOR THE
EMPLOYMENT BY A LICENSEE, IN A SPECIFIED CAPACITY, OF A PERSON PREVIOUS-
LY CONVICTED OF A FELONY OR ANY OF THE OFFENSES ABOVE ENUMERATED IN
PARAGRAPH (A) OF THIS SUBDIVISION, SUCH PERSON, MAY, UNLESS HE OR SHE IS
SUBSEQUENTLY CONVICTED OF A FELONY OR ANY OF SUCH OFFENSES, THEREAFTER
BE EMPLOYED IN THE SAME CAPACITY BY ANY OTHER LICENSEE WITHOUT THE
FURTHER WRITTEN APPROVAL OF THE AUTHORITY UNLESS THE PRIOR APPROVAL
GIVEN BY THE AUTHORITY IS TERMINATED.
3. NO LICENSE OF ANY KIND MAY BE ISSUED TO A PERSON UNDER THE AGE OF
TWENTY-ONE YEARS, NOR SHALL ANY LICENSEE EMPLOY ANYONE UNDER THE AGE OF
TWENTY-ONE YEARS.
§ 169. CERTAIN OFFICIALS NOT TO BE INTERESTED IN MANUFACTURE OR SALE
OF MARIHUANA. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTION ONE HUNDRED
TWENTY-EIGHT-A OF THIS CHAPTER, IT SHALL BE UNLAWFUL FOR ANY POLICE
COMMISSIONER, POLICE INSPECTOR, CAPTAIN, SERGEANT, ROUNDSMAN, PATROLMAN
OR OTHER POLICE OFFICIAL OR SUBORDINATE OF ANY POLICE DEPARTMENT IN THE
STATE, TO BE EITHER DIRECTLY OR INDIRECTLY INTERESTED IN THE MANUFACTURE
OR SALE OF MARIHUANA OR TO OFFER FOR SALE, OR RECOMMEND TO ANY LICENSEE
ANY MARIHUANA. A PERSON MAY NOT BE DENIED ANY LICENSE GRANTED UNDER THE
PROVISIONS OF SECTIONS FIFTY-FOUR, FIFTY-FIVE, FIFTY-NINE, SIXTY-THREE,
SIXTY-FOUR, SEVENTY-NINE, EIGHTY-ONE, OR ARTICLE SEVEN OF THIS CHAPTER
SOLELY ON THE GROUNDS OF BEING THE SPOUSE OF A PUBLIC SERVANT DESCRIBED
IN THIS SUBDIVISION. THE SOLICITATION OR RECOMMENDATION MADE TO ANY
LICENSEE, TO PURCHASE ANY MARIHUANA BY ANY POLICE OFFICIAL OR SUBORDI-
S. 3040 22
NATE AS HEREINABOVE DESCRIBED, SHALL BE PRESUMPTIVE EVIDENCE OF THE
INTEREST OF SUCH OFFICIAL OR SUBORDINATE IN THE MANUFACTURE OR SALE OF
MARIHUANA.
2. NO ELECTIVE VILLAGE OFFICER SHALL BE SUBJECT TO THE LIMITATIONS SET
FORTH IN SUBDIVISION ONE OF THIS SECTION UNLESS SUCH ELECTIVE VILLAGE
OFFICER SHALL BE ASSIGNED DUTIES DIRECTLY RELATING TO THE OPERATION OR
MANAGEMENT OF THE POLICE DEPARTMENT.
§ 170. PROVISIONS GOVERNING INITIAL RULEMAKING. 1. WITHIN TWO HUNDRED
FORTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE AUTHORITY SHALL
PERFORM SUCH ACTS, PRESCRIBE SUCH FORMS AND MAKE SUCH RULES, REGULATIONS
AND ORDERS AS IT MAY DEEM NECESSARY OR PROPER TO FULLY EFFECTUATE THE
PROVISIONS OF THIS ARTICLE.
2. THE AUTHORITY SHALL PROMULGATE NECESSARY RULES AND REGULATIONS
GOVERNING THE LICENSING OF MARIHUANA PRODUCERS, MARIHUANA PROCESSORS,
MARIHUANA RETAILERS AND MARIHUANA RETAILERS FOR CONSUMPTION ON THE PREM-
ISES, INCLUDING:
(A) PRESCRIBING FORMS AND ESTABLISHING APPLICATION, REINSTATEMENT, AND
RENEWAL FEES;
(B) THE QUALIFICATIONS FOR LICENSURE;
(C) THE BOOKS AND RECORDS TO BE CREATED AND MAINTAINED BY LICENSEES,
THE REPORTS TO BE MADE THEREON TO THE AUTHORITY, AND INSPECTION OF THE
BOOKS AND RECORDS;
(D) METHODS OF PRODUCING, PROCESSING, AND PACKAGING MARIHUANA, MARI-
HUANA-INFUSED PRODUCTS, AND CONCENTRATED CANNABIS; CONDITIONS OF SANITA-
TION, AND STANDARDS OF INGREDIENTS, QUALITY, AND IDENTITY OF MARIHUANA
PRODUCTS PRODUCED, PROCESSED, PACKAGED, OR SOLD BY LICENSEES; AND
(E) SECURITY REQUIREMENTS FOR MARIHUANA RETAILERS AND PREMISES WHERE
MARIHUANA PRODUCTS ARE PRODUCED OR PROCESSED, AND SAFETY PROTOCOLS FOR
LICENSEES AND THEIR EMPLOYEES.
3. THE LIQUOR AUTHORITY SHALL PROMULGATE RULES AND REGULATIONS THAT
ARE CALCULATED TO:
(A) PREVENT THE DISTRIBUTION OF MARIHUANA TO PERSONS UNDER TWENTY-ONE
YEARS OF AGE;
(B) PREVENT THE REVENUE FROM THE SALE OF MARIHUANA FROM GOING TO CRIM-
INAL ENTERPRISES, GANGS, AND CARTELS;
(C) PREVENT THE DIVERSION OF MARIHUANA FROM THIS STATE TO OTHER
STATES;
(D) PREVENT MARIHUANA ACTIVITY THAT IS LEGAL UNDER STATE LAW FROM
BEING USED AS A COVER OR PRETEXT FOR THE TRAFFICKING OF OTHER ILLEGAL
DRUGS OR OTHER ILLEGAL ACTIVITY;
(E) PREVENT VIOLENCE AND THE USE OF FIREARMS IN THE CULTIVATION AND
DISTRIBUTION OF MARIHUANA;
(F) PREVENT DRUGGED DRIVING AND THE EXACERBATION OF OTHER ADVERSE
PUBLIC HEALTH CONSEQUENCES ASSOCIATED WITH THE USE OF MARIHUANA;
(G) PREVENT THE GROWING OF MARIHUANA ON PUBLIC LANDS AND THE ATTENDANT
PUBLIC SAFETY AND ENVIRONMENTAL DANGERS POSED BY MARIHUANA PRODUCTION ON
PUBLIC LANDS; AND
(H) PREVENT THE POSSESSION AND USE OF MARIHUANA ON FEDERAL PROPERTY.
4. RULES AND REGULATIONS PROMULGATED BY THE LIQUOR AUTHORITY PURSUANT
TO SUBDIVISION THREE OF THIS SECTION SHALL NOT PROHIBIT THE OPERATION OF
MARIHUANA ESTABLISHMENTS EITHER EXPRESSLY OR THROUGH REGULATIONS THAT
MAKE THEIR OPERATION UNREASONABLY IMPRACTICABLE.
5. THE LIQUOR AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF AGRI-
CULTURE AND MARKETS AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
SHALL PROMULGATE NECESSARY RULES AND REGULATIONS GOVERNING THE SAFE
S. 3040 23
PRODUCTION OF MARIHUANA, INCLUDING RESTRICTIONS ON THE USE OF PESTI-
CIDES.
§ 171. PROVISIONS GOVERNING MARIHUANA PRODUCERS. 1. NO PRODUCER SHALL
SELL, OR AGREE TO SELL OR DELIVER IN THE STATE ANY MARIHUANA PRODUCTS,
AS THE CASE MAY BE, EXCEPT IN SEALED CONTAINERS CONTAINING QUANTITIES IN
ACCORDANCE WITH SIZE STANDARDS PURSUANT TO RULES ADOPTED BY THE LIQUOR
AUTHORITY. SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY
BE REQUIRED BY THE RULES OF THE LIQUOR AUTHORITY, TOGETHER WITH ALL
NECESSARY NEW YORK STATE EXCISE TAX STAMPS, AS REQUIRED BY LAW.
2. NO PRODUCER SHALL TRANSPORT MARIHUANA PRODUCTS IN ANY VEHICLE OWNED
AND OPERATED OR HIRED AND OPERATED BY SUCH PRODUCER, UNLESS THERE SHALL
BE ATTACHED TO OR INSCRIBED UPON BOTH SIDES OF SUCH VEHICLE A SIGN,
SHOWING THE NAME AND ADDRESS OF THE LICENSEE, TOGETHER WITH THE FOLLOW-
ING INSCRIPTION: "NEW YORK STATE MARIHUANA PRODUCER LICENSE NUMBER ..,"
IN UNIFORM LETTERS NOT LESS THAN THREE AND ONE-HALF INCHES IN HEIGHT. IN
LIEU OF SUCH SIGN A PRODUCER MAY HAVE IN THE CAB OF SUCH VEHICLE A
PHOTOSTATIC COPY OF ITS CURRENT LICENSE ISSUED BY THE AUTHORITY, AND
SUCH COPY DULY AUTHENTICATED BY THE AUTHORITY.
3. NO PRODUCER SHALL DELIVER ANY MARIHUANA PRODUCTS, EXCEPT IN VEHI-
CLES OWNED AND OPERATED BY SUCH PRODUCER, OR HIRED AND OPERATED BY SUCH
PRODUCER FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH THE
LIQUOR AUTHORITY, AND SHALL ONLY MAKE DELIVERIES AT THE LICENSED PREM-
ISES OF THE PURCHASER.
4. EACH PRODUCER SHALL KEEP AND MAINTAIN UPON THE LICENSED PREMISES,
ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS INVOLVING THE PRODUCER
AND SALE OF HIS OR ITS PRODUCTS, WHICH SHALL INCLUDE ALL INFORMATION
REQUIRED BY RULES PROMULGATED BY THE LIQUOR AUTHORITY. EACH SALE SHALL
BE RECORDED SEPARATELY ON A NUMBERED INVOICE, WHICH SHALL HAVE PRINTED
THEREON THE NUMBER, THE NAME OF THE LICENSEE, THE ADDRESS OF THE
LICENSED PREMISES, AND THE CURRENT LICENSE NUMBER. SUCH PRODUCER SHALL
DELIVER TO THE PURCHASER A TRUE DUPLICATE INVOICE STATING THE NAME AND
ADDRESS OF THE PURCHASER, THE QUANTITY PURCHASED, DESCRIPTION AND THE
PRICE OF THE PRODUCT, AND A TRUE, ACCURATE AND COMPLETE STATEMENT OF THE
TERMS AND CONDITIONS ON WHICH SUCH SALE IS MADE. SUCH BOOKS, RECORDS AND
INVOICES SHALL BE KEPT FOR A PERIOD OF TWO YEARS AND SHALL BE AVAILABLE
FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE LIQUOR AUTHORITY.
5. NO PRODUCER SHALL FURNISH OR CAUSE TO BE FURNISHED TO ANY LICENSEE,
ANY EXTERIOR OR INTERIOR SIGN, PRINTED, PAINTED, ELECTRIC OR OTHERWISE,
EXCEPT AS AUTHORIZED BY THE LIQUOR AUTHORITY. THE LIQUOR AUTHORITY MAY
MAKE SUCH RULES AS IT DEEMS NECESSARY TO CARRY OUT THE PURPOSE AND
INTENT OF THIS SUBDIVISION.
§ 172. PROVISIONS GOVERNING PROCESSORS. 1. NO PROCESSOR SHALL BE
ENGAGED IN ANY OTHER BUSINESS ON THE PREMISES TO BE LICENSED; EXCEPT
THAT NOTHING CONTAINED IN THIS CHAPTER SHALL PREVENT A MARIHUANA PRODUC-
ER AND A MARIHUANA PROCESSOR FROM OPERATING ON THE SAME PREMISES AND
FROM A PERSON HOLDING BOTH LICENSES.
2. NO PROCESSOR SHALL SELL, OR AGREE TO SELL OR DELIVER IN THE STATE
ANY MARIHUANA PRODUCTS, EXCEPT IN A SEALED PACKAGE CONTAINING QUANTITIES
IN ACCORDANCE WITH SIZE STANDARDS PURSUANT TO RULES ADOPTED BY THE
LIQUOR AUTHORITY. SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS
AS MAY BE REQUIRED BY THE RULES OF THE LIQUOR AUTHORITY, TOGETHER WITH
ALL NECESSARY NEW YORK STATE EXCISE TAX STAMPS, AS REQUIRED BY LAW.
3. EACH PROCESSOR SHALL HAVE PAINTED ON THE FRONT WINDOW OF THE
LICENSED PREMISES, OR IF THERE BE NO WINDOW, ON A SIGN AFFIXED TO THE
FRONT OF THE BUILDING CONTAINING SAID LICENSED PREMISES, THE NAME OF THE
LICENSEE TOGETHER WITH THE INSCRIPTION, "NEW YORK STATE MARIHUANA
S. 3040 24
PROCESSOR OR MARIHUANA PROCESSOR LICENSE NUMBER ................"; AS
THE CASE MAY BE, IN UNIFORM LETTERS NOT LESS THAN THREE AND ONE-HALF
INCHES IN HEIGHT.
4. NO PROCESSOR SHALL TRANSPORT MARIHUANA PRODUCTS IN ANY VEHICLE
OWNED AND OPERATED OR HIRED AND OPERATED BY SUCH PROCESSOR, UNLESS THERE
SHALL BE ATTACHED TO OR INSCRIBED UPON BOTH SIDES OF SUCH VEHICLE A
SIGN, SHOWING THE NAME AND ADDRESS OF THE LICENSEE, TOGETHER WITH THE
FOLLOWING INSCRIPTION: "NEW YORK STATE MARIHUANA PROCESSOR OR MARIHUANA
PROCESSOR LICENSE NUMBER .................," AS THE CASE MAY BE, IN
UNIFORM LETTERS NOT LESS THAN THREE AND ONE-HALF INCHES IN HEIGHT. IN
LIEU OF SUCH SIGN, A PROCESSOR MAY HAVE IN THE CAB OF SUCH VEHICLE A
PHOTOSTATIC COPY OF ITS CURRENT LICENSE ISSUED BY THE AUTHORITY, AND
SUCH COPY DULY AUTHENTICATED BY THE AUTHORITY.
5. NO PROCESSOR SHALL DELIVER ANY PRODUCTS, EXCEPT IN VEHICLES OWNED
AND OPERATED BY SUCH PROCESSOR, OR HIRED AND OPERATED BY SUCH PROCESSOR
FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH THE LIQUOR
AUTHORITY, AND SHALL ONLY MAKE DELIVERIES AT THE LICENSED PREMISES OF
THE PURCHASER.
6. EACH PROCESSOR SHALL KEEP AND MAINTAIN UPON THE LICENSED PREMISES,
ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS INVOLVING THE BUSINESS
TRANSACTED BY SUCH PROCESSOR, WHICH SHALL SHOW THE AMOUNT OF MARIHUANA
PRODUCTS, PURCHASED BY SUCH PROCESSOR TOGETHER WITH THE NAMES, LICENSE
NUMBERS AND PLACES OF BUSINESS OF THE PERSONS FROM WHOM THE SAME WAS
PURCHASED AND THE AMOUNT INVOLVED IN SUCH PURCHASES, AS WELL AS THE
AMOUNT OF MARIHUANA PRODUCTS SOLD BY SUCH PROCESSOR TOGETHER WITH THE
NAMES, ADDRESSES, AND LICENSE NUMBERS OF SUCH PURCHASERS. EACH SALE
SHALL BE RECORDED SEPARATELY ON A NUMBERED INVOICE, WHICH SHALL HAVE
PRINTED THEREON THE NUMBER, THE NAME OF THE LICENSEE, THE ADDRESS OF THE
LICENSED PREMISES, AND THE CURRENT LICENSE NUMBER. SUCH PROCESSOR SHALL
DELIVER TO THE PURCHASER A TRUE DUPLICATE INVOICE STATING THE NAME AND
ADDRESS OF THE PURCHASER, QUANTITY PURCHASED, DESCRIPTION AND THE PRICE
OF THE PRODUCT, AND A TRUE, ACCURATE AND COMPLETE STATEMENT OF THE TERMS
AND CONDITIONS ON WHICH SUCH SALE IS MADE. SUCH BOOKS, RECORDS AND
INVOICES SHALL BE KEPT FOR A PERIOD OF TWO YEARS AND SHALL BE AVAILABLE
FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE LIQUOR AUTHORITY.
7. NO PROCESSOR SHALL FURNISH OR CAUSE TO BE FURNISHED TO ANY LICEN-
SEE, ANY EXTERIOR OR INTERIOR SIGN, PRINTED, PAINTED, ELECTRIC OR OTHER-
WISE, UNLESS AUTHORIZED BY THE LIQUOR AUTHORITY.
§ 173. PROVISIONS GOVERNING MARIHUANA RETAILERS. 1. NO RETAIL LICENSE
SHALL BE GRANTED FOR ANY PREMISES, UNLESS THE APPLICANT SHALL BE THE
OWNER THEREOF, OR SHALL BE IN POSSESSION OF SAID PREMISES UNDER A LEASE,
MANAGEMENT AGREEMENT OR OTHER AGREEMENT GIVING THE APPLICANT CONTROL
OVER THE PREMISES, IN WRITING, FOR A TERM NOT LESS THAN THE LICENSE
PERIOD.
2. NO PREMISES SHALL BE LICENSED TO SELL MARIHUANA PRODUCTS, UNLESS
SAID PREMISES SHALL BE LOCATED IN A STORE, THE PRINCIPAL ENTRANCE TO
WHICH SHALL BE FROM THE STREET LEVEL AND LOCATED ON A PUBLIC THOROUGH-
FARE IN PREMISES WHICH MAY BE OCCUPIED, OPERATED OR CONDUCTED FOR BUSI-
NESS, TRADE OR INDUSTRY OR ON AN ARCADE OR SUB-SURFACE THOROUGHFARE
LEADING TO A RAILROAD TERMINAL. THERE MAY BE NOT MORE THAN ONE ADDI-
TIONAL ENTRANCE WHICH SHALL BE FROM THE STREET LEVEL AND LOCATED ON AND
GIVING ACCESS TO AND FROM A PUBLIC OR PRIVATE PARKING LOT OR PARKING
AREA HAVING SPACE FOR NOT LESS THAN FIVE AUTOMOBILES.
3. NO MARIHUANA RETAIL LICENSE SHALL BE GRANTED FOR ANY PREMISES WHICH
A LICENSE WOULD NOT BE ALLOWED TO SELL AT RETAIL FOR CONSUMPTION OF
ALCOHOL OFF THE PREMISES BASED ON ITS PROXIMITY TO A BUILDING OCCUPIED
S. 3040 25
EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP
PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
4. NO MARIHUANA RETAIL LICENSEE SHALL OFFER FOR SALE ANY MARIHUANA
PRODUCTS IN ANY OTHER CONTAINER, EXCEPT IN THE ORIGINAL SEALED PACKAGE,
AS RECEIVED FROM THE PRODUCER OR PROCESSOR. SUCH CONTAINERS SHALL HAVE
AFFIXED THERETO SUCH LABELS AS MAY BE REQUIRED BY THE RULES OF THE
LIQUOR AUTHORITY, TOGETHER WITH ALL NEW YORK STATE EXCISE TAX STAMPS, AS
REQUIRED BY LAW. SUCH CONTAINERS SHALL NOT BE OPENED NOR ITS CONTENTS
CONSUMED ON THE PREMISES WHERE SOLD.
5. NO MARIHUANA RETAIL LICENSEE SHALL SELL OR TRANSFER MARIHUANA
PRODUCTS TO ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
6. NO MARIHUANA RETAIL LICENSEE SHALL SELL ALCOHOLIC BEVERAGES ON THE
SAME PREMISES WHERE MARIHUANA PRODUCTS ARE SOLD.
7. EACH PERSON LICENSED AS A MARIHUANA RETAILER SHALL HAVE PAINTED ON
THE FRONT WINDOW OF THE LICENSED PREMISES, THE NAME OF THE LICENSEE
TOGETHER WITH THE INSCRIPTION, "NEW YORK STATE RETAIL MARIHUANA STORE
LICENSE NUMBER .........," AS THE CASE MAY BE, IN UNIFORM LETTERS NOT
LESS THAN THREE AND ONE-HALF INCHES IN HEIGHT.
8. NO SIGN OF ANY KIND PRINTED, PAINTED OR ELECTRIC, ADVERTISING ANY
BRAND SHALL BE PERMITTED ON THE EXTERIOR OR INTERIOR OF SUCH PREMISES,
EXCEPT BY PERMISSION OF THE LIQUOR AUTHORITY.
9. NO RETAIL LICENSEE SHALL TRANSPORT MARIHUANA PRODUCTS IN ANY VEHI-
CLE OWNED AND OPERATED OR HIRED AND OPERATED BY SUCH RETAIL LICENSEE,
EXCEPT PRODUCTS TRANSPORTED TO THE HOME OF A PURCHASER NOT TO BE RESOLD
BY THE PURCHASER, UNLESS THERE SHALL BE ATTACHED TO OR INSCRIBED UPON
BOTH SIDES OF SUCH VEHICLE A SIGN, SHOWING THE NAME AND ADDRESS OF THE
LICENSEE TOGETHER WITH THE FOLLOWING INSCRIPTION, "NEW YORK STATE RETAIL
MARIHUANA STORE LICENSE NUMBER. . . . . . . . . . ," AS THE CASE MAY BE,
IN UNIFORM LETTERS NOT LESS THAN THREE AND ONE-HALF INCHES IN HEIGHT,
EXCEPT DELIVERIES MAY BE MADE IN PASSENGER TYPE VEHICLES OWNED BY THE
LICENSEE AND OPERATED BY THE LICENSEE OR HIS OR HER AGENT, OR HIRED BY
THE LICENSEE AND OPERATED BY THE LICENSEE OR HIS OR HER AGENT, PROVIDED
THE PERSON MAKING THE DELIVERY SHALL HAVE UPON HIS OR HER PERSON WHILE
SO DELIVERING A PHOTOSTATIC COPY OF THE CURRENT LICENSE ISSUED BY THE
AUTHORITY. IN LIEU OF SUCH SIGN, A RETAIL LICENSEE MAY HAVE IN THE CAB
OF SUCH VEHICLE A PHOTOSTATIC COPY OF ITS CURRENT LICENSE ISSUED BY THE
AUTHORITY, AND SUCH COPY DULY AUTHENTICATED BY THE AUTHORITY.
10. NO RETAIL LICENSEE SHALL DELIVER ANY MARIHUANA PRODUCTS EXCEPT IN
VEHICLES OWNED AND OPERATED BY SUCH LICENSEE, OR HIRED AND OPERATED BY
SUCH LICENSEE FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH
THE LIQUOR AUTHORITY, AND SHALL ONLY MAKE SUCH DELIVERIES AT THE PREM-
ISES OF THE PURCHASER.
11. NO RETAIL LICENSEE SHALL KEEP OR PERMIT TO BE KEPT UPON THE
LICENSED PREMISES, ANY MARIHUANA PRODUCTS IN ANY UNSEALED CONTAINER.
12. NO RETAIL LICENSEE SHALL SELL OR DELIVER ANY MARIHUANA PRODUCTS TO
ANY PERSON WITH KNOWLEDGE OF, OR WITH REASONABLE CAUSE TO BELIEVE, THAT
THE PERSON TO WHOM SUCH MARIHUANA PRODUCTS, HAS ACQUIRED THE SAME FOR
THE PURPOSE OF PEDDLING THEM FROM PLACE TO PLACE, OR OF SELLING OR
GIVING THEM AWAY IN VIOLATION OF THE PROVISIONS OF THIS CHAPTER OR IN
VIOLATION OF THE RULES AND REGULATIONS OF THE LIQUOR AUTHORITY.
13. NO PREMISES LICENSED AS A MARIHUANA RETAILER SHALL BE PERMITTED TO
REMAIN OPEN DURING A TIME WHEN A PREMISES LICENSED TO SELL LIQUOR AND/OR
WINE FOR OFF-PREMISES CONSUMPTION IS NOT PERMITTED TO REMAIN OPEN PURSU-
ANT TO THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
14. EACH MARIHUANA RETAIL LICENSEE SHALL KEEP AND MAINTAIN UPON THE
LICENSED PREMISES, ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS
S. 3040 26
INVOLVING THE BUSINESS TRANSACTED BY SUCH LICENSEE, WHICH SHALL SHOW THE
AMOUNT OF MARIHUANA PRODUCTS, PURCHASED BY SUCH LICENSEE TOGETHER WITH
THE NAMES, LICENSE NUMBERS AND PLACES OF BUSINESS OF THE PERSONS FROM
WHOM THE SAME WERE PURCHASED, AND THE AMOUNT INVOLVED IN SUCH PURCHASES,
AS WELL AS THE AMOUNT OF MARIHUANA PRODUCTS, SOLD BY SUCH LICENSEE, AND
THE AMOUNT INVOLVED IN EACH SALE. SUCH BOOKS AND RECORDS SHALL BE AVAIL-
ABLE FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE LIQUOR
AUTHORITY.
15. NO MARIHUANA RETAIL LICENSEE SHALL BE INTERESTED, DIRECTLY OR
INDIRECTLY, IN ANY PREMISES WHERE MARIHUANA PRODUCTS ARE PRODUCED OR
PROCESSED OR ANY OTHER PREMISES WHERE MARIHUANA PRODUCTS ARE SOLD AT
RETAIL, BY STOCK OWNERSHIP, INTERLOCKING DIRECTORS, MORTGAGE OR LIEN ON
ANY PERSONAL OR REAL PROPERTY OR BY ANY OTHER MEANS.
16. NO MARIHUANA RETAIL LICENSEE SHALL MAKE OR CAUSE TO BE MADE ANY
LOAN TO ANY PERSON ENGAGED IN THE PRODUCTION, PROCESSING OR SALE OF
MARIHUANA PRODUCTS.
17. ALL PREMISES LICENSED UNDER THIS SECTION SHALL BE SUBJECT TO
INSPECTION BY ANY PEACE OFFICER DESCRIBED IN SUBDIVISION FOUR OF SECTION
2.10 OF THE CRIMINAL PROCEDURE LAW ACTING PURSUANT TO HIS OR HER SPECIAL
DUTIES, OR POLICE OFFICER OR ANY DULY AUTHORIZED REPRESENTATIVE OF THE
LIQUOR AUTHORITY, DURING THE HOURS WHEN THE SAID PREMISES ARE OPEN FOR
THE TRANSACTION OF BUSINESS.
§ 174. PROVISIONS GOVERNING MARIHUANA RETAILERS FOR CONSUMPTION ON
PREMISES. 1. NO MARIHUANA RETAILER LICENSE FOR CONSUMPTION ON PREMISES
SHALL BE GRANTED FOR A PREMISES LOCATED IN WHOLE OR IN PART INSIDE THE
BOUNDARIES OF ANY CITY, VILLAGE OR TOWN, UNLESS THE LOCAL LEGISLATIVE
BODY OF SUCH CITY, VILLAGE OR TOWN, BY RESOLUTION, EXPRESSLY AUTHORIZES
THE LICENSING OF SUCH FACILITIES IN SUCH CITY, VILLAGE OR TOWN. THE
LOCAL LEGISLATIVE BODY MAY DIRECT AN APPROPRIATE OFFICER, BOARD OR BODY
OF SUCH CITY, VILLAGE OR TOWN AS THE LOCAL LICENSING AUTHORITY TO
AUTHORIZE INDIVIDUAL MARIHUANA FACILITY LICENSE APPLICATIONS. IN CITIES
OF ONE MILLION OR MORE RESIDENTS, SHOULD THE LOCAL LEGISLATIVE BODY
AUTHORIZE SUCH LICENSE, NO MARIHUANA RETAILER LICENSE FOR CONSUMPTION ON
PREMISES SHALL BE GRANTED UNLESS THE COMMUNITY BOARD ESTABLISHED PURSU-
ANT TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH
JURISDICTION OVER THE AREA IN WHICH THE PREMISES WILL BE LOCATED SHALL
ALSO AUTHORIZE SUCH LICENSE.
2. NO MARIHUANA RETAILER LICENSE FOR ON-PREMISES CONSUMPTION SHALL BE
GRANTED FOR ANY PREMISES, UNLESS THE APPLICANT SHALL BE THE OWNER THERE-
OF, OR SHALL BE IN POSSESSION OF SAID PREMISES UNDER A LEASE, IN WRIT-
ING, FOR A TERM NOT LESS THAN THE LICENSE PERIOD EXCEPT, HOWEVER, THAT
SUCH LICENSE MAY THEREAFTER BE RENEWED WITHOUT THE REQUIREMENT OF A
LEASE AS HEREIN PROVIDED. THIS SUBDIVISION SHALL NOT APPLY TO PREMISES
LEASED FROM GOVERNMENT AGENCIES, AS DEFINED UNDER SUBDIVISION TWELVE-C
OF SECTION THREE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT THE APPROPRI-
ATE ADMINISTRATOR OF SUCH GOVERNMENT AGENCY PROVIDES SOME FORM OF WRIT-
TEN DOCUMENTATION REGARDING THE TERMS OF OCCUPANCY UNDER WHICH THE
APPLICANT IS LEASING SAID PREMISES FROM THE GOVERNMENT AGENCY FOR PRES-
ENTATION TO THE STATE LIQUOR AUTHORITY AT THE TIME OF THE LICENSE APPLI-
CATION. SUCH DOCUMENTATION SHALL INCLUDE THE TERMS OF OCCUPANCY BETWEEN
THE APPLICANT AND THE GOVERNMENT AGENCY, INCLUDING, BUT NOT LIMITED TO,
ANY SHORT-TERM LEASING AGREEMENTS OR WRITTEN OCCUPANCY AGREEMENTS.
3. NO MARIHUANA RETAILER LICENSE FOR ON-PREMISES CONSUMPTION SHALL BE
GRANTED FOR ANY PREMISES WHERE A LICENSE WOULD NOT BE ALLOWED TO SELL AT
RETAIL FOR CONSUMPTION OF ALCOHOL ON THE PREMISES BASED ON ITS PROXIMITY
TO A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR
S. 3040 27
OTHER PLACE OF WORSHIP PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED
FIVE OF THIS CHAPTER.
4. THE AUTHORITY MAY CONSIDER ANY OR ALL OF THE FOLLOWING IN DETERMIN-
ING WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST
WILL BE PROMOTED BY THE GRANTING OF LICENSES AND PERMITS FOR RETAIL
LICENSE FOR ON-PREMISES CONSUMPTION AT A PARTICULAR UNLICENSED LOCATION:
(A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF.
(B) EVIDENCE THAT ALL NECESSARY LICENSES AND PERMITS HAVE BEEN
OBTAINED FROM THE STATE AND ALL OTHER GOVERNING BODIES.
(C) EFFECT OF THE GRANT OF THE LICENSE ON VEHICULAR TRAFFIC AND PARK-
ING IN PROXIMITY TO THE LOCATION.
(D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES.
(E) THE HISTORY OF MARIHUANA VIOLATIONS AND REPORTED CRIMINAL ACTIVITY
AT THE PROPOSED PREMISES.
(F) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO DETERMINE THE PUBLIC CONVENIENCE AND ADVANTAGE AND PUBLIC INTEREST OF
THE COMMUNITY.
5. IF THE AUTHORITY SHALL DISAPPROVE AN APPLICATION FOR A LICENSE OR
PERMIT, IT SHALL STATE AND FILE IN ITS OFFICES THE REASONS THEREFOR AND
SHALL NOTIFY THE APPLICANT THEREOF. SUCH APPLICANT MAY THEREUPON APPLY
TO THE AUTHORITY FOR A REVIEW OF SUCH ACTION IN A MANNER TO BE
PRESCRIBED BY THE RULES OF THE AUTHORITY. A HEARING UPON NOTICE TO THE
APPLICANT SHALL THEREUPON BE HELD BY THE AUTHORITY OR BY ONE OF ITS
MEMBERS AT ITS OFFICE MOST CONVENIENTLY SITUATED TO THE OFFICE OF ITS
DULY AUTHORIZED REPRESENTATIVE IN A MANNER TO BE PRESCRIBED IN ITS
RULES; AND ON SUCH HEARING PROOF MAY BE TAKEN BY ORAL TESTIMONY OR BY
AFFIDAVIT RELATIVE THERETO. AFTER SUCH HEARING, IF THE AUTHORITY
CONFIRMS SUCH DISAPPROVAL, IT SHALL ENDORSE SUCH APPLICATION ACCORDINGLY
AND SHALL SEND NOTICE TO THE APPLICANT OF ITS ACTION IN SUCH FORM AS THE
AUTHORITY MAY PRESCRIBE. IF THE AUTHORITY DOES NOT CONFIRM THE DISAP-
PROVAL ACTION IT MAY GRANT SUCH APPLICATION AND ISSUE SUCH LICENSE.
6. NO MARIHUANA RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION, EXCEPT
PERSONS OR CORPORATIONS OPERATING A HOTEL, AS DEFINED IN SUBDIVISION
FOURTEEN OF SECTION THREE OF THIS CHAPTER, FOR EXCLUSIVE USE IN THE
FURNISHING OF ROOM SERVICE IN THE MANNER PRESCRIBED BY RULE OR REGU-
LATION OF THE STATE LIQUOR AUTHORITY, SHALL KEEP UPON THE LICENSED PREM-
ISES ANY MARIHUANA PRODUCTS, EXCEPT THOSE PURCHASED FROM A LICENSED
PRODUCER, AND IN CONTAINERS APPROVED BY THE LIQUOR AUTHORITY. SUCH
CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY BE REQUIRED BY
THE RULES OF THE LIQUOR AUTHORITY, TOGETHER WITH ALL NECESSARY EXCISE
STAMPS AS REQUIRED BY LAW. NO MARIHUANA RETAIL LICENSEE FOR ON-PREMISES
CONSUMPTION SHALL REUSE, REFILL, TAMPER WITH, ADULTERATE, DILUTE OR
FORTIFY THE CONTENTS OF ANY CONTAINER OF MARIHUANA PRODUCTS AS RECEIVED
FROM THE MANUFACTURER OR WHOLESALER.
7. NO MARIHUANA RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL
SELL, DELIVER OR GIVE AWAY, OR CAUSE OR PERMIT OR PROCURE TO BE SOLD,
DELIVERED OR GIVEN AWAY ANY MARIHUANA FOR CONSUMPTION ON THE PREMISES
WHERE SOLD IN A CONTAINER OR PACKAGE CONTAINING MORE THAN ONE GRAM OF
MARIHUANA.
8. NO MARIHUANA PRODUCTS SHALL BE SOLD, OFFERED FOR SALE OR GIVEN AWAY
UPON ANY PREMISES LICENSED TO SELL MARIHUANA PRODUCTS FOR ON-PREMISES
CONSUMPTION, DURING THE FOLLOWING HOURS: (A) SUNDAY, FROM FOUR ANTE
MERIDIEM TO TWELVE NOON; OR (B) ON ANY OTHER DAY BETWEEN FOUR ANTE MERI-
DIEM AND EIGHT ANTE MERIDIEM. IF APPROVED BY THE AUTHORITY OR RULE
S. 3040 28
HAVING BEEN ADOPTED IN A COUNTY, FURTHER RESTRICTIONS OF HOURS OF SALE
FOR MARIHUANA PRODUCTS SHALL BE ENFORCEABLE, SUCH RESTRICTED HOURS SHALL
BE THE HOURS, DURING WHICH THE SALE OF MARIHUANA PRODUCTS FOR ON-PREMIS-
ES CONSUMPTION SHALL NOT BE PERMITTED WITHIN SUCH COUNTY. NOR SHALL ANY
PERSON BE PERMITTED TO CONSUME ANY MARIHUANA PRODUCTS UPON ANY SUCH
PREMISES LATER THAN ONE-HALF HOUR AFTER THE START OF THE PROHIBITED
HOURS OF SALE PROVIDED FOR IN THIS SECTION.
9. NO PERSON LICENSED TO SELL MARIHUANA PRODUCTS FOR ON-PREMISES
CONSUMPTION SHALL SUFFER OR PERMIT ANY GAMBLING ON THE LICENSED PREM-
ISES, OR SUFFER OR PERMIT SUCH PREMISES TO BECOME DISORDERLY. THE USE OF
THE LICENSED PREMISES, OR ANY PART THEREOF, FOR THE SALE OF LOTTERY
TICKETS, PLAYING OF BINGO OR GAMES OF CHANCE, OR AS A SIMULCAST FACILITY
OR SIMULCAST THEATER PURSUANT TO THE RACING, PARI-MUTUEL WAGERING AND
BREEDING LAW, WHEN DULY AUTHORIZED AND LAWFULLY CONDUCTED THEREON, SHALL
NOT CONSTITUTE GAMBLING WITHIN THE MEANING OF THIS SUBDIVISION.
(A) NO MARIHUANA RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL
SUFFER OR PERMIT ANY PERSON TO APPEAR ON LICENSED PREMISES IN SUCH
MANNER OR ATTIRE AS TO EXPOSE TO VIEW ANY PORTION OF THE PUBIC AREA,
ANUS, VULVA OR GENITALS, OR ANY SIMULATION THEREOF, NOR SHALL SUFFER OR
PERMIT ANY FEMALE TO APPEAR ON LICENSED PREMISES IN SUCH MANNER OR
ATTIRE AS TO EXPOSE TO VIEW ANY PORTION OF THE BREAST BELOW THE TOP OF
THE AREOLA, OR ANY SIMULATION THEREOF.
(B) NO RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL SUFFER,
PERMIT OR PROMOTE AN EVENT ON ITS PREMISES WHEREIN THE CONTESTANTS
DELIVER, OR ARE NOT FORBIDDEN BY THE APPLICABLE RULES THEREOF FROM
DELIVERING KICKS, PUNCHES OR BLOWS OF ANY KIND TO THE BODY OF AN OPPO-
NENT OR OPPONENTS, WHETHER OR NOT THE EVENT CONSISTS OF A PROFESSIONAL
MATCH OR EXHIBITION, AND WHETHER OR NOT THE EVENT OR ANY SUCH ACT, OR
BOTH, IS DONE FOR COMPENSATION; PROVIDED, HOWEVER, THAT THIS PROHIBITION
SHALL NOT BE APPLIED TO ANY PROFESSIONAL MATCH OR EXHIBITION WHICH
CONSISTS OF BOXING, SPARRING, WRESTLING, OR MARTIAL ARTS AND WHICH IS
EXCEPTED FROM THE DEFINITION OF THE TERM "COMBATIVE SPORT" CONTAINED IN
SUBDIVISION ONE OF SECTION FIVE-A OF CHAPTER NINE HUNDRED TWELVE OF THE
LAWS OF NINETEEN HUNDRED TWENTY.
(C) IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, A VIOLATION OF
THIS SUBDIVISION SHALL CONSTITUTE AN ADEQUATE GROUND FOR INSTITUTING A
PROCEEDING TO SUSPEND, CANCEL OR REVOKE THE LICENSE OF THE VIOLATOR IN
ACCORDANCE WITH THE APPLICABLE PROCEDURES SPECIFIED IN SECTION ONE
HUNDRED NINETEEN OF THIS CHAPTER.
10. EXCEPT WHERE A PERMIT TO DO SO IS OBTAINED PURSUANT TO SECTION
405.10 OF THE PENAL LAW, NO RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION
SHALL SUFFER, PERMIT, OR PROMOTE AN EVENT ON ITS PREMISES WHEREIN ANY
PERSON SHALL USE, EXPLODE, OR CAUSE TO EXPLODE, ANY FIREWORKS OR OTHER
PYROTECHNICS IN A BUILDING AS DEFINED IN PARAGRAPH E OF SUBDIVISION ONE
OF SECTION 405.10 OF THE PENAL LAW, THAT IS COVERED BY SUCH LICENSE OR
POSSESS SUCH FIREWORKS OR PYROTECHNICS FOR SUCH PURPOSE. IN ADDITION TO
ANY OTHER PENALTY PROVIDED BY LAW, A VIOLATION OF THIS SUBDIVISION SHALL
CONSTITUTE AN ADEQUATE GROUND FOR INSTITUTING A PROCEEDING TO SUSPEND,
CANCEL, OR REVOKE THE LICENSE OF THE VIOLATOR IN ACCORDANCE WITH THE
APPLICABLE PROCEDURES SPECIFIED IN SECTION ONE HUNDRED NINETEEN OF THIS
CHAPTER; PROVIDED HOWEVER, IF MORE THAN ONE LICENSEE IS PARTICIPATING IN
A SINGLE EVENT, UPON APPROVAL BY THE AUTHORITY, ONLY ONE LICENSEE MUST
OBTAIN SUCH PERMIT.
11. NO RESTAURANT AND NO PREMISES LICENSED TO SELL MARIHUANA PRODUCTS
FOR ON-PREMISES CONSUMPTION UNDER PARAGRAPH (A) OF SUBDIVISION SIX OF
SECTION SIXTY-FOUR-A OF THIS CHAPTER SHALL BE PERMITTED TO HAVE ANY
S. 3040 29
OPENING OR MEANS OF ENTRANCE OR PASSAGEWAY FOR PERSONS OR THINGS BETWEEN
THE LICENSED PREMISES AND ANY OTHER ROOM OR PLACE IN THE BUILDING
CONTAINING THE LICENSED PREMISES, OR ANY ADJOINING OR ABUTTING PREMISES,
UNLESS INGRESS AND EGRESS IS RESTRICTED BY AN EMPLOYEE, AGENT OF THE
LICENSEE, OR OTHER APPROVED METHOD OF CONTROLLING ACCESS TO THE FACILI-
TY, OR UNLESS SUCH PREMISES ARE A BONA FIDE RESTAURANT WITH SUCH ACCESS
FOR PATRONS AND GUESTS FROM ANY PART OF SUCH BUILDING OR ADJOINING OR
ABUTTING PREMISES AS SHALL SERVE PUBLIC CONVENIENCE IN A REASONABLE AND
SUITABLE MANNER; OR UNLESS SUCH LICENSED PREMISES ARE IN A BUILDING
OWNED OR OPERATED BY ANY COUNTY, TOWN, CITY, VILLAGE OR PUBLIC AUTHORITY
OR AGENCY, IN A PARK OR OTHER SIMILAR PLACE OF PUBLIC ACCOMMODATION. ALL
GLASS IN ANY WINDOW OR DOOR ON SAID LICENSED PREMISES SHALL BE CLEAR AND
SHALL NOT BE OPAQUE, COLORED, STAINED OR FROSTED.
12. A VESSEL LICENSED TO SELL MARIHUANA PRODUCTS FOR ON-PREMISES
CONSUMPTION SHALL NOT BE PERMITTED TO SELL ANY MARIHUANA PRODUCTS, WHILE
SAID VESSEL IS MOORED TO A PIER OR DOCK, EXCEPT THAT VESSELS SAILING ON
ESTABLISHED SCHEDULES SHALL BE PERMITTED TO SELL MARIHUANA PRODUCTS FOR
A PERIOD OF THREE HOURS PRIOR TO THE REGULAR ADVERTISED SAILING TIME.
13. EACH RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL KEEP AND
MAINTAIN UPON THE LICENSED PREMISES, ADEQUATE RECORDS OF ALL TRANS-
ACTIONS INVOLVING THE BUSINESS TRANSACTED BY SUCH LICENSEE WHICH SHALL
SHOW THE AMOUNT OF MARIHUANA PRODUCTS, IN AN APPLICABLE METRIC MEASURE-
MENT, PURCHASED BY SUCH LICENSEE TOGETHER WITH THE NAMES, LICENSE
NUMBERS AND PLACES OF BUSINESS OF THE PERSONS FROM WHOM THE SAME WERE
PURCHASED, THE AMOUNT INVOLVED IN SUCH PURCHASES, AS WELL AS THE SALES
OF MARIHUANA PRODUCTS MADE BY SUCH LICENSEE. THE LIQUOR AUTHORITY IS
HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS PERMITTING AN
ON-PREMISES LICENSEE OPERATING TWO OR MORE PREMISES SEPARATELY LICENSED
TO SELL MARIHUANA PRODUCTS FOR ON-PREMISES CONSUMPTION TO INAUGURATE OR
RETAIN IN THIS STATE METHODS OR PRACTICES OF CENTRALIZED ACCOUNTING,
BOOKKEEPING, CONTROL RECORDS, REPORTING, BILLING, INVOICING OR PAYMENT
RESPECTING PURCHASES, SALES OR DELIVERIES OF MARIHUANA PRODUCTS, OR
METHODS AND PRACTICES OF CENTRALIZED RECEIPT OR STORAGE OF MARIHUANA
PRODUCTS WITHIN THIS STATE WITHOUT SEGREGATION OR EARMARKING FOR ANY
SUCH SEPARATELY LICENSED PREMISES, WHEREVER SUCH METHODS AND PRACTICES
ASSURE THE AVAILABILITY, AT SUCH LICENSEE'S CENTRAL OR MAIN OFFICE IN
THIS STATE, OF DATA REASONABLY NEEDED FOR THE ENFORCEMENT OF THIS CHAP-
TER. SUCH RECORDS SHALL BE AVAILABLE FOR INSPECTION BY ANY AUTHORIZED
REPRESENTATIVE OF THE LIQUOR AUTHORITY.
14. NO RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL BE INTER-
ESTED, DIRECTLY OR INDIRECTLY, IN ANY PREMISES WHERE MARIHUANA PRODUCTS
ARE MANUFACTURED OR SOLD AT WHOLESALE, BY STOCK OWNERSHIP, INTERLOCKING
DIRECTORS, MORTGAGE OR LIEN ON ANY PERSONAL OR REAL PROPERTY OR BY ANY
OTHER MEANS.
15. NO RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL MAKE OR CAUSE
TO BE MADE ANY LOAN TO ANY PERSON ENGAGED IN THE MANUFACTURE OR SALE OF
MARIHUANA PRODUCTS AT WHOLESALE.
16. ALL RETAIL LICENSED PREMISES SHALL BE SUBJECT TO INSPECTION BY ANY
PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE
OFFICER AND BY THE DULY AUTHORIZED REPRESENTATIVES OF THE LIQUOR AUTHOR-
ITY, DURING THE HOURS WHEN THE SAID PREMISES ARE OPEN FOR THE TRANS-
ACTION OF BUSINESS.
17. A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL NOT PROVIDE
MARIHUANA PRODUCTS TO ANY PERSON UNDER THE AGE OF TWENTY-ONE OR TO ANY
PERSON WHO IS VISIBLY IMPAIRED.
S. 3040 30
§ 175. ADVERTISING AND FORMS OF THE ISSUANCE OF LICENSES. 1. THE
LIQUOR AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS GOVERNING THE ADVERTISING OF MARIHUANA PRODUCERS, MARIHUANA
PROCESSORS, MARIHUANA RETAILERS, AND ANY MARIHUANA RELATED PRODUCTS OR
SERVICES.
2. THE LIQUOR AUTHORITY SHALL PROMULGATE EXPLICIT RULES PROHIBITING
ADVERTISING THAT:
(A) IS FALSE, DECEPTIVE, OR MISLEADING;
(B) PROMOTES OVERCONSUMPTION;
(C) DEPICTS CONSUMPTION BY CHILDREN OR OTHER MINORS;
(D) IS DESIGNED IN ANY WAY TO APPEAL TO CHILDREN OR OTHER MINORS;
(E) IS WITHIN TWO HUNDRED FEET OF THE PERIMETER OF A SCHOOL GROUNDS,
PLAYGROUND, CHILD CARE CENTER, PUBLIC PARK, OR LIBRARY;
(F) IS IN PUBLIC TRANSIT VEHICLES AND STATIONS;
(G) IS IN THE FORM OF AN UNSOLICITED INTERNET POP-UP; OR
(H) IS ON PUBLICLY OWNED OR OPERATED PROPERTY.
§ 176. PACKAGING OF MARIHUANA PRODUCTS. 1. THE LIQUOR AUTHORITY IS
HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS GOVERNING THE
PACKAGING OF MARIHUANA PRODUCTS, SOLD OR POSSESSED FOR SALE IN NEW YORK
STATE.
2. SUCH REGULATIONS SHALL INCLUDE REQUIRING PACKAGING MEETING REQUIRE-
MENTS SIMILAR TO THE FEDERAL "POISON PREVENTION PACKAGING ACT OF 1970,"
15 U.S.C. SEC 1471 ET SEQ.
3. SUCH REGULATIONS SHALL REQUIRE THAT ALL MARIHUANA INFUSED PRODUCTS
SHALL HAVE SEPARATE PACKAGING FOR EACH SERVING.
§ 177. LABELING OF MARIHUANA PRODUCTS. 1. THE LIQUOR AUTHORITY IS
HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS GOVERNING THE
LABELING AND OFFERING OF MARIHUANA PRODUCTS FOR SALE WITHIN THIS STATE.
2. SUCH RULES AND REGULATIONS SHALL BE CALCULATED TO: (A) PROHIBIT
DECEPTION OF THE CONSUMER; (B) AFFORD ADEQUATE INFORMATION AS TO QUALITY
AND IDENTITY OF THE PRODUCT; AND (C) ACHIEVE NATIONAL UNIFORMITY IN THIS
BUSINESS.
3. THE LIQUOR AUTHORITY MAY SEEK THE ASSISTANCE OF THE DEPARTMENT OF
HEALTH WHEN NECESSARY BEFORE PROMULGATING RULES AND REGULATIONS UNDER
THIS SECTION.
4. SUCH REGULATIONS SHALL INCLUDE REQUIRING LABELS WARNING CONSUMERS
OF ANY POTENTIAL IMPACT ON HUMAN HEALTH RESULTING FROM THE CONSUMPTION
OF MARIHUANA PRODUCTS THAT SHALL BE AFFIXED TO THOSE PRODUCTS WHEN SOLD,
IF SUCH LABELS ARE DEEMED WARRANTED BY THE AUTHORITY AFTER CONSULTATION
WITH THE DEPARTMENT OF HEALTH.
5. SUCH RULES AND REGULATIONS SHALL ESTABLISH METHODS AND PROCEDURES
FOR DETERMINING SERVING SIZES FOR MARIHUANA-INFUSED PRODUCTS, ACTIVE
CANNABIS CONCENTRATION PER SERVING SIZE, AND NUMBER OF SERVINGS PER
CONTAINER. SUCH REGULATIONS SHALL ALSO REQUIRE A NUTRITIONAL FACT PANEL
THAT INCORPORATES DATA REGARDING SERVING SIZES AND POTENCY THEREOF.
6. SUCH RULES AND REGULATIONS SHALL REQUIRE INFORMATION CONTAINING THE
LICENSE NUMBER OF THE MARIHUANA PRODUCER AND PROCESSOR FACILITIES WHERE
THE MARIHUANA WAS GROWN AND PROCESSED.
7. SUCH RULES AND REGULATIONS SHALL REQUIRE A COMPLETE LIST OF ALL
NONORGANIC PESTICIDES, FUNGICIDES, AND HERBICIDES USED DURING THE CULTI-
VATION OF THE MARIHUANA.
8. SUCH RULES AND REGULATIONS SHALL REQUIRE A CANNABINOID POTENCY
PROFILE EXPRESSED AS A RANGE OF PERCENTAGES THAT EXTENDS FROM THE LOWEST
PERCENTAGE TO HIGHEST PERCENTAGE OF CONCENTRATION FOR EACH CANNABINOID
LISTED FROM EVERY TEST CONDUCTED ON THAT STRAIN OF RETAIL MARIHUANA
CULTIVATED BY THE SAME MARIHUANA PRODUCER WITHIN THE LAST THREE MONTHS.
S. 3040 31
9. THE PACKAGING, SALE, OR POSSESSION BY ANY LICENSEE OF ANY MARIHUANA
PRODUCT NOT LABELED OR OFFERED IN CONFORMITY WITH RULES AND REGULATIONS
PROMULGATED IN ACCORDANCE WITH THIS SECTION SHALL BE GROUNDS FOR THE
IMPOSITION OF A FINE, AND/OR THE SUSPENSION, REVOCATION OR CANCELLATION
OF THE LICENSE.
§ 178. RENEWALS OF LICENSES AND PERMITS. 1. EACH LICENSE AND PERMIT,
ISSUED PURSUANT TO THIS CHAPTER MAY BE RENEWED UPON APPLICATION THEREFOR
BY THE LICENSEE OR PERMITTEE AND THE PAYMENT OF THE ANNUAL FEE FOR SUCH
LICENSE OR PERMIT AS PRESCRIBED BY THIS CHAPTER. IN THE CASE OF APPLICA-
TIONS FOR RENEWALS, THE LIQUOR AUTHORITY MAY DISPENSE WITH THE REQUIRE-
MENTS OF SUCH STATEMENTS AS IT DEEMS UNNECESSARY IN VIEW OF THOSE
CONTAINED IN THE APPLICATION MADE FOR THE ORIGINAL LICENSE OR PERMIT,
BUT IN ANY EVENT THE SUBMISSION OF PHOTOGRAPHS OF THE LICENSED PREMISES
SHALL BE DISPENSED WITH, PROVIDED THE APPLICANT FOR SUCH RENEWAL SHALL
FILE A STATEMENT WITH SUCH AUTHORITY TO THE EFFECT THAT THERE HAS BEEN
NO ALTERATION OF SUCH PREMISES SINCE THE ORIGINAL LICENSE WAS ISSUED.
THE LIQUOR AUTHORITY MAY MAKE SUCH RULES AS MAY BE NECESSARY NOT INCON-
SISTENT WITH THIS CHAPTER REGARDING APPLICATIONS FOR RENEWALS OF
LICENSES AND PERMITS AND THE TIME FOR MAKING THE SAME.
2. THE AUTHORITY SHALL PROVIDE AN APPLICATION FOR RENEWAL OF A LICENSE
ISSUED UNDER THIS ARTICLE NOT LESS THAN SIXTY DAYS PRIOR TO THE EXPIRA-
TION OF THE CURRENT LICENSE.
§ 179. INFORMATION TO BE REQUESTED IN APPLICATIONS FOR LICENSES OR
PERMITS. 1. THE FOLLOWING SHALL BE THE INFORMATION REQUIRED ON AN APPLI-
CATION FOR A LICENSE OR PERMIT:
(A) A STATEMENT OF IDENTITY AS FOLLOWS:
(I) IF THE APPLICANT IS AN INDIVIDUAL, HIS OR HER NAME, DATE AND PLACE
OF BIRTH, CITIZENSHIP, PERMANENT HOME ADDRESS, TELEPHONE NUMBER AND
SOCIAL SECURITY NUMBER, AS WELL AS ANY OTHER NAMES BY WHICH HE OR SHE
HAS CONDUCTED A BUSINESS AT ANY TIME.
(II) IF THE APPLICANT IS A CORPORATION, THE CORPORATE NAME OF THE
APPLICANT, ITS PLACE OF INCORPORATION, ITS MAIN BUSINESS ADDRESS (AND IF
SUCH MAIN BUSINESS ADDRESS IS NOT WITHIN THE STATE, THE ADDRESS OF ITS
MAIN PLACE OF BUSINESS WITHIN THE STATE), OTHER NAMES BY WHICH IT HAS
BEEN KNOWN OR HAS CONDUCTED BUSINESS AT ANY TIME, ITS TELEPHONE NUMBER,
ITS FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND THE NAMES, AGES, CITI-
ZENSHIP, AND PERMANENT HOME ADDRESSES OF ITS DIRECTORS, OFFICERS AND ITS
SHAREHOLDERS (EXCEPT THAT IF THERE BE MORE THAN TEN SHAREHOLDERS THEN
THOSE SHAREHOLDERS HOLDING TEN PERCENT OR MORE OF ANY CLASS OF ITS
SHARES).
(III) IF THE APPLICANT IS A PARTNERSHIP, ITS NAME, ITS MAIN BUSINESS
ADDRESS (AND IF SUCH MAIN BUSINESS ADDRESS IS NOT WITHIN THE STATE, THE
ADDRESS OF ITS MAIN PLACE OF BUSINESS WITHIN THE STATE), OTHER NAMES BY
WHICH IT HAS BEEN KNOWN OR HAS CONDUCTED BUSINESS AT ANY TIME, ITS TELE-
PHONE NUMBER, ITS FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND THE NAMES,
AGES, CITIZENSHIP, AND PERMANENT HOME ADDRESSES OF EACH OF ITS PARTNERS.
(B) A STATEMENT IDENTIFYING THE STREET AND NUMBER OF THE PREMISES TO
BE LICENSED, IF THE PREMISES HAS A STREET AND NUMBER, AND OTHERWISE SUCH
DESCRIPTION AS WILL REASONABLY INDICATE THE LOCALITY THEREOF; PHOTO-
GRAPHS, DRAWINGS OR OTHER ITEMS RELATED TO THE APPEARANCE OF THE INTERI-
OR OR EXTERIOR OF SUCH PREMISES, AND A FLOOR PLAN OF THE INTERIOR, SHALL
BE REQUIRED. THE APPLICANT SHALL ALSO STATE THE NATURE OF HIS OR HER
INTEREST IN THE PREMISES; AND THE NAME OF ANY OTHER PERSON INTERESTED AS
A PARTNER, JOINT VENTURER, INVESTOR OR LENDER WITH THE APPLICANT EITHER
IN THE PREMISES OR IN THE BUSINESS TO BE LICENSED.
S. 3040 32
(C) A DESCRIPTION OF ANY OTHER MARIHUANA LICENSE OR PERMIT UNDER THIS
CHAPTER, WITHIN THE PAST TEN YEARS, THE APPLICANT (INCLUDING ANY OFFI-
CERS, DIRECTORS, SHAREHOLDERS OR PARTNERS LISTED IN THE STATEMENT OF
IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION OR THE SPOUSE OF ANY
SUCH PERSON) OR THE APPLICANT'S SPOUSE HELD OR APPLIED FOR.
(D) A STATEMENT THAT SUCH APPLICANT OR THE APPLICANT'S SPOUSE HAS NOT
BEEN CONVICTED OF A CRIME ADDRESSED BY THE PROVISIONS OF SECTION ONE
HUNDRED EIGHTY-SEVEN OF THIS ARTICLE WHICH WOULD FORBID THE APPLICANT
(INCLUDING ANY OFFICERS, DIRECTORS, SHAREHOLDERS OR PARTNERS LISTED IN
THE STATEMENT OF IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION OR THE
SPOUSE OF SUCH PERSON) OR THE APPLICANT'S SPOUSE TO TRAFFIC IN MARIHUA-
NA, A STATEMENT WHETHER OR NOT THE APPLICANT (INCLUDING ANY OFFICERS,
DIRECTORS, SHAREHOLDERS OR PARTNERS LISTED IN THE STATEMENT OF IDENTITY
UNDER PARAGRAPH (A) OF THIS SUBDIVISION OR THE SPOUSE OF ANY SUCH
PERSON) OR THE APPLICANT'S SPOUSE IS AN OFFICIAL DESCRIBED IN SUBDIVI-
SION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT OF THIS ARTICLE, AND A
DESCRIPTION OF ANY CRIME THAT THE APPLICANT (INCLUDING ANY OFFICERS,
DIRECTORS, SHAREHOLDERS OR PARTNERS LISTED UNDER PARAGRAPH (A) OF THIS
SUBDIVISION OR THE SPOUSE OF ANY SUCH PERSON) OR THE APPLICANT'S SPOUSE
HAS BEEN CONVICTED OF AND WHETHER SUCH PERSON HAS RECEIVED A PARDON,
CERTIFICATE OF GOOD CONDUCT OR CERTIFICATE OF RELIEF FROM DISABILITIES;
PROVIDED, HOWEVER, THAT NO PERSON SHALL BE DENIED ANY LICENSE SOLELY ON
THE GROUNDS THAT SUCH PERSON IS THE SPOUSE OF A PERSON OTHERWISE
DISQUALIFIED FROM HOLDING A LICENSE UNDER THIS CHAPTER.
(E) A STATEMENT THAT THE LOCATION AND LAYOUT OF THE PREMISES TO BE
LICENSED DOES NOT VIOLATE ANY REQUIREMENT OF THIS CHAPTER RELATING TO
LOCATION AND LAYOUT OF LICENSED PREMISES, WITH A COPY OF THE CERTIFICATE
OF OCCUPANCY FOR THE PREMISES.
(F) A STATEMENT THAT THE APPLICANT HAS CONTROL OF THE PREMISES TO BE
LICENSED BY OWNERSHIP OF A FEE INTEREST OR VIA A LEASEHOLD, MANAGEMENT
AGREEMENT, OR OTHER AGREEMENT GIVING THE APPLICANT CONTROL OVER THE
PREMISES, WITH A TERM AT LEAST AS LONG AS THE LICENSE FOR WHICH THE
APPLICATION IS BEING MADE, OR BY A BINDING CONTRACT TO ACQUIRE THE SAME
AND A STATEMENT OF IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION FOR
THE LESSOR OF ANY LEASEHOLD, MANAGER OF ANY MANAGEMENT AGREEMENT, OR
OTHER AGREEMENT GIVING THE APPLICANT CONTROL OVER THE PREMISES, WITH A
COPY OF THE LEASE, CONTRACT, MANAGEMENT AGREEMENT, OR OTHER AGREEMENT
GIVING THE APPLICANT CONTROL OVER THE FOOD AND BEVERAGE AT THE PREMISES,
OR DEED EVIDENCING FEE OWNERSHIP OF THE PREMISES.
(G) A FINANCIAL STATEMENT ADEQUATE TO SHOW ALL PERSONS WHO, DIRECTLY
OR INDIRECTLY HAVE AN ECONOMIC INTEREST IN THE ESTABLISHMENT OR ACQUISI-
TION OF THE BUSINESS FOR WHICH THE LICENSE OR PERMIT APPLICATION IS
BEING MADE, TO IDENTIFY THE SOURCES OF FUNDS TO BE APPLIED IN SUCH
ESTABLISHMENT OR ACQUISITION, AND TO DESCRIBE THE TERMS AND CONDITIONS
GOVERNING SUCH ESTABLISHMENT WITH COPIES OF SUCH FINANCIAL DOCUMENTS AS
THE AUTHORITY MAY REASONABLY REQUIRE.
(H) THE FINGERPRINTS OF THE APPLICANTS. FINGERPRINTS SUBMITTED BY THE
APPLICANTS SHALL BE TRANSMITTED TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND MAY BE SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION FOR
STATE AND NATIONAL CRIMINAL HISTORY RECORD CHECKS.
2. ALL LICENSE OR PERMIT APPLICATIONS SHALL BE SIGNED BY THE APPLICANT
(IF AN INDIVIDUAL), BY AN OFFICER (IF A CORPORATION), OR BY ALL PARTNERS
(IF A PARTNERSHIP). EACH PERSON SIGNING SUCH APPLICATION SHALL VERIFY IT
OR AFFIRM IT AS TRUE UNDER THE PENALTIES OF PERJURY.
S. 3040 33
3. ALL LICENSE OR PERMIT APPLICATIONS SHALL BE ACCOMPANIED BY A CHECK,
DRAFT OR OTHER FORMS OF PAYMENT AS THE AUTHORITY MAY REQUIRE OR AUTHOR-
IZE IN THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE OR PERMIT.
4. IF THERE BE ANY CHANGE, AFTER THE FILING OF THE APPLICATION OR THE
GRANTING OF A LICENSE, IN ANY OF THE FACTS REQUIRED TO BE SET FORTH IN
SUCH APPLICATION, A SUPPLEMENTAL STATEMENT GIVING NOTICE OF SUCH CHANGE,
COST AND SOURCE OF MONEY INVOLVED IN THE CHANGE, DULY VERIFIED, SHALL BE
FILED WITH THE AUTHORITY WITHIN TEN DAYS AFTER SUCH CHANGE. FAILURE TO
DO SO SHALL, IF WILLFUL AND DELIBERATE, BE CAUSE FOR REVOCATION OF THE
LICENSE.
5. IN GIVING ANY NOTICE, OR TAKING ANY ACTION IN REFERENCE TO A LICEN-
SEE OF A LICENSED PREMISES, THE AUTHORITY MAY RELY UPON THE INFORMATION
FURNISHED IN SUCH APPLICATION AND IN ANY SUPPLEMENTAL STATEMENT
CONNECTED THEREWITH, AND SUCH INFORMATION MAY BE PRESUMED TO BE CORRECT,
AND SHALL BE BINDING UPON A LICENSEE OR LICENSED PREMISES AS IF CORRECT.
ALL INFORMATION REQUIRED TO BE FURNISHED IN SUCH APPLICATION OR SUPPLE-
MENTAL STATEMENTS SHALL BE DEEMED MATERIAL IN ANY PROSECUTION FOR PERJU-
RY, ANY PROCEEDING TO REVOKE, CANCEL OR SUSPEND ANY LICENSE, AND IN THE
AUTHORITY'S DETERMINATION TO APPROVE OR DENY THE LICENSE.
6. THE AUTHORITY MAY IN ITS DISCRETION WAIVE THE SUBMISSION OF ANY
CATEGORY OF INFORMATION DESCRIBED IN THIS SECTION FOR ANY CATEGORY OF
LICENSE OR PERMIT, PROVIDED THAT IT SHALL NOT BE PERMITTED TO WAIVE THE
REQUIREMENT FOR SUBMISSION OF ANY SUCH CATEGORY OF INFORMATION SOLELY
FOR AN INDIVIDUAL APPLICANT OR APPLICANTS.
§ 180. NOTIFICATION TO MUNICIPALITIES. 1. NOT LESS THAN THIRTY DAYS
BEFORE FILING ANY OF THE FOLLOWING APPLICATIONS, AN APPLICANT SHALL
NOTIFY THE MUNICIPALITY IN WHICH THE PREMISES IS LOCATED OF SUCH APPLI-
CANT'S INTENT TO FILE SUCH AN APPLICATION:
(A) FOR A MARIHUANA PRODUCER;
(B) FOR A MARIHUANA PROCESSOR LICENSE;
(C) FOR A MARIHUANA RETAILER LICENSE; AND/OR
(D) FOR A MARIHUANA RETAILER LICENSE FOR ON-PREMISES CONSUMPTION.
2. SUCH NOTIFICATION SHALL BE MADE TO THE CLERK OF THE VILLAGE, TOWN
OR CITY, AS THE CASE MAY BE, WHEREIN THE PREMISES IS LOCATED. FOR
PURPOSES OF THIS SECTION:
(A) NOTIFICATION NEED ONLY BE GIVEN TO THE CLERK OF A VILLAGE WHEN THE
PREMISES IS LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE; AND
(B) IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSUANT
TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH JURIS-
DICTION OVER THE AREA IN WHICH THE PREMISES IS LOCATED SHALL BE CONSID-
ERED THE APPROPRIATE PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.
3. FOR PURPOSES OF THIS SECTION, "SUBSTANTIAL CORPORATE CHANGE" SHALL
MEAN:
(A) FOR A CORPORATION, A CHANGE OF EIGHTY PERCENT OR MORE OF THE OFFI-
CERS AND/OR DIRECTORS, OR A TRANSFER OF EIGHTY PERCENT OR MORE OF STOCK
OF SUCH CORPORATION, OR AN EXISTING STOCKHOLDER OBTAINING EIGHTY PERCENT
OR MORE OF THE STOCK OF SUCH CORPORATION; AND
(B) FOR A LIMITED LIABILITY COMPANY, A CHANGE OF EIGHTY PERCENT OR
MORE OF THE MANAGING MEMBERS OF THE COMPANY, OR A TRANSFER OF EIGHTY
PERCENT OR MORE OF OWNERSHIP INTEREST IN SAID COMPANY, OR AN EXISTING
MEMBER OBTAINING A CUMULATIVE OF EIGHTY PERCENT OR MORE OF THE OWNERSHIP
INTEREST IN SAID COMPANY.
4. SUCH NOTIFICATION SHALL BE MADE IN SUCH FORM AS SHALL BE PRESCRIBED
BY THE RULES OF THE LIQUOR AUTHORITY.
5. A MUNICIPALITY MAY EXPRESS AN OPINION FOR OR AGAINST THE GRANTING
OF SUCH APPLICATION. ANY SUCH OPINION SHALL BE DEEMED PART OF THE RECORD
S. 3040 34
UPON WHICH THE LIQUOR AUTHORITY MAKES ITS DETERMINATION TO GRANT OR DENY
THE APPLICATION.
6. SUCH NOTIFICATION SHALL BE MADE BY: CERTIFIED MAIL, RETURN RECEIPT
REQUESTED; OVERNIGHT DELIVERY SERVICE WITH PROOF OF MAILING; OR PERSONAL
SERVICE UPON THE OFFICES OF THE CLERK OR COMMUNITY BOARD.
7. THE LIQUOR AUTHORITY SHALL REQUIRE SUCH NOTIFICATION TO BE ON A
STANDARDIZED FORM THAT CAN BE OBTAINED ON THE INTERNET OR FROM THE
LIQUOR AUTHORITY AND SUCH NOTIFICATION TO INCLUDE:
(A) THE TRADE NAME OR "DOING BUSINESS AS" NAME, IF ANY, OF THE ESTAB-
LISHMENT;
(B) THE FULL NAME OF THE APPLICANT;
(C) THE STREET ADDRESS OF THE ESTABLISHMENT, INCLUDING THE FLOOR
LOCATION OR ROOM NUMBER, IF APPLICABLE;
(D) THE MAILING ADDRESS OF THE ESTABLISHMENT, IF DIFFERENT THAN THE
STREET ADDRESS;
(E) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE ATTORNEY OR REPRE-
SENTATIVE OF THE APPLICANT, IF ANY;
(F) A STATEMENT INDICATING WHETHER THE APPLICATION IS FOR:
(I) A NEW ESTABLISHMENT;
(II) A TRANSFER OF AN EXISTING LICENSED BUSINESS;
(III) A RENEWAL OF AN EXISTING LICENSE; OR
(IV) AN ALTERATION OF AN EXISTING LICENSED PREMISES;
(G) IF THE ESTABLISHMENT IS A TRANSFER OR PREVIOUSLY LICENSED PREM-
ISES, THE NAME OF THE OLD ESTABLISHMENT AND SUCH ESTABLISHMENT'S LICENSE
SERIAL NUMBER;
(H) IN THE CASE OF A RENEWAL OR ALTERATION APPLICATION, THE LICENSE
SERIAL NUMBER OF THE APPLICANT; AND
(I) THE TYPE OF LICENSE.
§ 181. LICENSES, PUBLICATION, GENERAL PROVISIONS. 1. THE VARIOUS TYPES
OF LICENSES ISSUED PURSUANT TO THIS CHAPTER SHALL BE DISTINCTIVE IN
COLOR AND DESIGN SO AS TO BE READILY DISTINGUISHABLE FROM EACH OTHER.
2. NO LICENSE SHALL BE TRANSFERABLE OR ASSIGNABLE EXCEPT THAT NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, THE LICENSE OF A SOLE PROPRIETOR
CONVERTING TO CORPORATE FORM, WHERE SUCH PROPRIETOR BECOMES THE SOLE
STOCKHOLDER AND ONLY OFFICER AND DIRECTOR OF SUCH NEW CORPORATION, MAY
BE TRANSFERRED TO THE SUBJECT CORPORATION IF ALL REQUIREMENTS OF THIS
CHAPTER REMAIN THE SAME WITH RESPECT TO SUCH LICENSE AS TRANSFERRED AND,
FURTHER, THE LICENSEE SHALL TRANSMIT TO THE AUTHORITY, WITHIN TEN DAYS
OF THE TRANSFER OF LICENSE ALLOWABLE UNDER THIS SUBDIVISION, ON A FORM
PRESCRIBED BY THE AUTHORITY, NOTIFICATION OF THE TRANSFER OF SUCH
LICENSE.
3. NO LICENSE SHALL BE PLEDGED OR DEPOSITED AS COLLATERAL SECURITY FOR
ANY LOAN OR UPON ANY OTHER CONDITION; AND ANY SUCH PLEDGE OR DEPOSIT,
AND ANY CONTRACT PROVIDING THEREFOR, SHALL BE VOID.
4. LICENSES ISSUED UNDER THIS ARTICLE SHALL CONTAIN, IN ADDITION TO
ANY FURTHER INFORMATION OR MATERIAL TO BE PRESCRIBED BY THE RULES OF THE
LIQUOR AUTHORITY, THE FOLLOWING INFORMATION: (A) NAME OF PERSON TO WHOM
LICENSE IS ISSUED; (B) KIND OF LICENSE AND WHAT KIND OF TRAFFIC IN MARI-
HUANA IS THEREBY PERMITTED; (C) DESCRIPTION BY STREET AND NUMBER, OR
OTHERWISE, OF LICENSED PREMISES; AND (D) A STATEMENT IN SUBSTANCE THAT
SUCH LICENSE SHALL NOT BE DEEMED A PROPERTY OR VESTED RIGHT, AND THAT IT
MAY BE REVOKED AT ANY TIME PURSUANT TO LAW.
5. THERE SHALL BE PRINTED AND FURNISHED BY THE LIQUOR AUTHORITY TO
EACH LICENSEE A STATEMENT OF THE CAUSES FOR WHICH LICENSES MAY BE
REVOKED. SUCH STATEMENT SHALL BE PREPARED BY THE LIQUOR AUTHORITY AND
DELIVERED TO THE LICENSEE WITH HIS OR HER LICENSE OR AS SOON THEREAFTER
S. 3040 35
AS MAY BE PRACTICABLE. ANY AMENDMENTS THERETO SHALL ALSO BE SENT BY THE
LIQUOR AUTHORITY TO ALL LICENSEES AS SOON AS MAY BE PRACTICABLE AFTER
SUCH AMENDMENTS. FAILURE TO SEND SUCH STATEMENTS OR CHANGES THEREIN, OR
FAILURE TO RECEIVE THE SAME, OR ANY MISSTATEMENT OR ERROR CONTAINED IN
SUCH STATEMENTS OR AMENDMENTS SHALL, HOWEVER, NOT BE AN EXCUSE OR JUSTI-
FICATION FOR ANY VIOLATION OF LAW, OR PREVENT, OR REMIT, OR DECREASE ANY
PENALTY OR FORFEITURE THEREFOR.
6. BEFORE COMMENCING OR DOING ANY BUSINESS FOR THE TIME FOR WHICH A
LICENSE HAS BEEN ISSUED SAID LICENSE SHALL BE ENCLOSED IN A SUITABLE
WOOD OR METAL FRAME HAVING A CLEAR GLASS SPACE AND A SUBSTANTIAL WOOD OR
METAL BACK SO THAT THE WHOLE OF SAID LICENSE MAY BE SEEN THEREIN, AND
SHALL BE POSTED UP AND AT ALL TIMES DISPLAYED IN A CONSPICUOUS PLACE IN
THE ROOM WHERE SUCH BUSINESS IS CARRIED ON, SO THAT ALL PERSONS VISITING
SUCH PLACE MAY READILY SEE THE SAME. IT SHALL BE UNLAWFUL FOR ANY PERSON
HOLDING A LICENSE TO POST SUCH LICENSE OR TO PERMIT SUCH LICENSE TO BE
POSTED UPON PREMISES OTHER THAN THE PREMISES LICENSED, OR UPON PREMISES
WHERE TRAFFIC IN MARIHUANA IS BEING CARRIED ON BY ANY PERSON OTHER THAN
THE LICENSEE, OR KNOWINGLY TO DEFACE, DESTROY OR ALTER ANY SUCH LICENSE
IN ANY RESPECT. WHENEVER A LICENSE SHALL BE LOST OR DESTROYED WITHOUT
FAULT ON THE PART OF THE LICENSEE OR HIS OR HER AGENTS OR EMPLOYEES, A
DUPLICATE LICENSE IN LIEU THEREOF MAY BE ISSUED BY THE LIQUOR AUTHORITY
IN ITS DISCRETION AND IN ACCORDANCE WITH SUCH RULES AND REGULATIONS AND
THE PAYMENT OF SUCH FEES, NOT EXCEEDING FIVE DOLLARS, AS IT MAY
PRESCRIBE.
§ 182. REVOCATION OF LICENSES FOR CAUSE. 1. ANY LICENSE OR PERMIT
ISSUED PURSUANT TO THIS ARTICLE MAY BE REVOKED, CANCELLED, SUSPENDED
AND/OR SUBJECTED TO THE IMPOSITION OF A CIVIL PENALTY FOR CAUSE, AND
MUST BE REVOKED FOR THE FOLLOWING CAUSES:
(A) CONVICTION OF THE LICENSEE, PERMITTEE OR HIS OR HER AGENT OR
EMPLOYEE FOR SELLING ANY ILLEGAL MARIHUANA ON THE PREMISES LICENSED.
(B) FOR TRANSFERRING, ASSIGNING OR HYPOTHECATING A LICENSE OR PERMIT.
2. NOTWITHSTANDING THE ISSUANCE OF A LICENSE OR PERMIT BY WAY OF
RENEWAL, THE LIQUOR AUTHORITY MAY REVOKE, CANCEL OR SUSPEND SUCH LICENSE
OR PERMIT AND/OR MAY IMPOSE A CIVIL PENALTY AGAINST ANY HOLDER OF SUCH
LICENSE OR PERMIT, AS PRESCRIBED BY THIS SECTION AND SECTION ONE HUNDRED
NINETEEN OF THIS CHAPTER, FOR CAUSES OR VIOLATIONS OCCURRING DURING THE
LICENSE PERIOD IMMEDIATELY PRECEDING THE ISSUANCE OF SUCH LICENSE OR
PERMIT, AND MAY RECOVER, AS PROVIDED IN SECTION ONE HUNDRED TWELVE OF
THIS CHAPTER, THE PENAL SUM OF THE BOND ON FILE DURING SAID PERIOD.
3. AS USED IN THIS SECTION, THE TERM "FOR CAUSE" SHALL ALSO INCLUDE
THE EXISTENCE OF A SUSTAINED AND CONTINUING PATTERN OF NOISE, DISTURB-
ANCE, MISCONDUCT, OR DISORDER ON OR ABOUT THE LICENSED PREMISES, RELATED
TO THE OPERATION OF THE PREMISES OR THE CONDUCT OF ITS PATRONS, WHICH
ADVERSELY AFFECTS THE HEALTH, WELFARE OR SAFETY OF THE INHABITANTS OF
THE AREA IN WHICH SUCH LICENSED PREMISES ARE LOCATED.
4. THE EXISTENCE OF A SUSTAINED AND CONTINUING PATTERN OF NOISE,
DISTURBANCE, MISCONDUCT, OR DISORDER ON OR ABOUT THE LICENSED PREMISES,
RELATED TO THE OPERATION OF THE PREMISES OR THE CONDUCT OF ITS PATRONS,
WILL BE PRESUMED UPON THE SIXTH INCIDENT REPORTED TO THE AUTHORITY BY A
LAW ENFORCEMENT AGENCY OF NOISE OR DISTURBANCE OR MISCONDUCT OR DISORDER
ON OR ABOUT THE LICENSED PREMISES OR RELATED TO THE OPERATION OF THE
PREMISES OR THE CONDUCT OF ITS PATRONS, IN ANY SIXTY DAY PERIOD, ABSENT
CLEAR AND CONVINCING EVIDENCE OF EITHER FRAUDULENT INTENT ON THE PART OF
ANY COMPLAINANT OR A FACTUAL ERROR WITH RESPECT TO THE CONTENT OF ANY
REPORT CONCERNING SUCH COMPLAINT RELIED UPON BY THE AUTHORITY.
S. 3040 36
§ 183. PROCEDURE FOR REVOCATION OR CANCELLATION. 1. ANY LICENSE OR
PERMIT ISSUED BY THE LIQUOR AUTHORITY PURSUANT TO THIS ARTICLE MAY BE
REVOKED, CANCELLED OR SUSPENDED AND/OR BE SUBJECTED TO THE IMPOSITION OF
A MONETARY PENALTY IN THE MANNER PRESCRIBED BY THIS SECTION.
2. THE LIQUOR AUTHORITY MAY ON ITS OWN INITIATIVE OR ON COMPLAINT OF
ANY PERSON INSTITUTE PROCEEDINGS TO REVOKE, CANCEL OR SUSPEND ANY RETAIL
LICENSE AND MAY IMPOSE A CIVIL PENALTY AGAINST THE LICENSEE AFTER A
HEARING AT WHICH THE LICENSEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.
SUCH HEARING SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE
PRESCRIBED BY THE RULES OF THE LIQUOR AUTHORITY.
3. ALL OTHER LICENSES OR PERMITS ISSUED UNDER THIS CHAPTER MAY BE
REVOKED, CANCELLED, SUSPENDED AND/OR MADE SUBJECT TO THE IMPOSITION OF A
CIVIL PENALTY BY THE LIQUOR AUTHORITY AFTER A HEARING TO BE HELD IN THE
MANNER TO BE DETERMINED BY THE RULES OF THE LIQUOR AUTHORITY.
4. (A) THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY IN ALL CASES OF
LICENSEE OR PERMITTEE FAILURE AFTER RECEIVING APPROPRIATE NOTICE, TO
COMPLY WITH A SUMMONS, SUBPOENA OR WARRANT RELATING TO A PATERNITY OR
CHILD SUPPORT PROCEEDING AND ARREARS IN PAYMENT OF CHILD SUPPORT OR
COMBINED CHILD AND SPOUSAL SUPPORT REFERRED TO THE AUTHORITY BY A COURT
PURSUANT TO THE REQUIREMENTS OF SECTION TWO HUNDRED FORTY-FOUR-C OF THE
DOMESTIC RELATIONS LAW OR PURSUANT TO SECTION FOUR HUNDRED FIFTY-EIGHT-B
OR FIVE HUNDRED FORTY-EIGHT-B OF THE FAMILY COURT ACT.
(B) UPON RECEIPT OF AN ORDER FROM THE COURT BASED ON ARREARS IN
PAYMENT OF CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT PURSUANT
TO ONE OF THE FOREGOING PROVISIONS OF LAW, THE AUTHORITY, IF IT FINDS
SUCH PERSON TO HAVE BEEN ISSUED A LICENSE OR PERMIT, SHALL WITHIN THIRTY
DAYS OF RECEIPT OF SUCH ORDER FROM THE COURT, PROVIDE NOTICE TO THE
LICENSEE OR PERMITTEE OF, AND INITIATE, A HEARING WHICH SHALL BE HELD AT
LEAST TWENTY DAYS AND NO MORE THAN THIRTY DAYS AFTER THE SENDING OF SUCH
NOTICE TO THE LICENSEE OR PERMITTEE. THE HEARING SHALL BE SOLELY HELD
FOR THE PURPOSE OF DETERMINING WHETHER THERE EXISTS AS OF THE DATE OF
THE HEARING PROOF THAT FULL PAYMENT OF ALL ARREARS OF SUPPORT ESTAB-
LISHED BY THE ORDER OF THE COURT TO BE DUE FROM THE LICENSEE OR PERMIT-
TEE HAVE BEEN PAID. PROOF OF SUCH PAYMENT SHALL BE A CERTIFIED CHECK
SHOWING FULL PAYMENT OF ESTABLISHED ARREARS OR A NOTICE ISSUED BY THE
COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE ORDER IS PAYABLE TO THE
SUPPORT COLLECTION UNIT DESIGNATED BY THE APPROPRIATE SOCIAL SERVICES
DISTRICT. SUCH NOTICE SHALL STATE THAT FULL PAYMENT OF ALL ARREARS OF
SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE HAVE BEEN PAID.
THE LICENSEE OR PERMITTEE SHALL BE GIVEN FULL OPPORTUNITY TO PRESENT
SUCH PROOF OF PAYMENT AT THE HEARING IN PERSON OR BY COUNSEL. THE ONLY
ISSUE TO BE DETERMINED BY THE AUTHORITY AS A RESULT OF THE HEARING IS
WHETHER THE ARREARS HAVE BEEN PAID. NO EVIDENCE WITH RESPECT TO THE
APPROPRIATENESS OF THE COURT ORDER OR ABILITY OF THE RESPONDENT PARTY IN
ARREARS TO COMPLY WITH SUCH ORDER SHALL BE RECEIVED OR CONSIDERED BY THE
AUTHORITY.
(C) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH LICENSE OR PERMIT SHALL
BE SUSPENDED IF AT THE HEARING, PROVIDED FOR BY PARAGRAPH (B) OF THIS
SUBDIVISION, THE LICENSEE OR PERMITTEE FAILS TO PRESENT PROOF OF PAYMENT
AS REQUIRED BY SUCH SUBDIVISION. SUCH SUSPENSION SHALL NOT BE LIFTED
UNLESS THE COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE COURT ORDER
IS PAYABLE TO THE SUPPORT COLLECTION UNIT DESIGNATED BY THE APPROPRIATE
SOCIAL SERVICES DISTRICT, ISSUES NOTICE TO THE AUTHORITY THAT FULL
PAYMENT OF ALL ARREARS OF SUPPORT ESTABLISHED BY THE ORDER OF THE COURT
TO BE DUE HAVE BEEN PAID.
S. 3040 37
(D) UPON RECEIPT OF AN ORDER FROM THE COURT BASED ON FAILURE TO COMPLY
WITH A SUMMONS, SUBPOENA, OR WARRANT RELATING TO A PATERNITY OR CHILD
SUPPORT PROCEEDING, THE AUTHORITY, IF IT FINDS SUCH PERSON HAS BEEN
ISSUED A LICENSE OR PERMIT, SHALL WITHIN THIRTY DAYS OF RECEIPT OF SUCH
ORDER FROM THE COURT, PROVIDE NOTICE TO THE LICENSEE OR PERMITTEE THAT
HIS OR HER LICENSE SHALL BE SUSPENDED IN SIXTY DAYS UNLESS THE CONDI-
TIONS IN PARAGRAPH (E) OF THIS SUBDIVISION ARE MET.
(E) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH LICENSE OR PERMIT SHALL
BE SUSPENDED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (C) OF THIS
SUBDIVISION UNLESS THE COURT TERMINATES ITS ORDER TO COMMENCE SUSPENSION
PROCEEDINGS. SUCH SUSPENSION SHALL NOT BE LIFTED UNLESS THE COURT ISSUES
AN ORDER TO THE AUTHORITY TERMINATING ITS ORDER TO COMMENCE SUSPENSION
PROCEEDINGS.
(F) THE AUTHORITY SHALL INFORM THE COURT OF ALL ACTIONS TAKEN HERE-
UNDER AS REQUIRED BY LAW.
(G) THIS SUBDIVISION APPLIES TO SUPPORT OBLIGATIONS PAID PURSUANT TO
ANY ORDER OF CHILD SUPPORT OR CHILD AND SPOUSAL SUPPORT ISSUED UNDER
PROVISIONS OF SECTION TWO HUNDRED THIRTY-SIX OR TWO HUNDRED FORTY OF THE
DOMESTIC RELATIONS LAW, OR ARTICLE FOUR, FIVE OR FIVE-A OF THE FAMILY
COURT ACT.
(H) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE PROVISIONS OF THIS
SUBDIVISION SHALL APPLY TO THE EXCLUSION OF ANY OTHER REQUIREMENTS OF
THIS ARTICLE AND TO THE EXCLUSION OF ANY OTHER REQUIREMENT OF LAW TO THE
CONTRARY.
5. WHERE A LICENSEE IS CONVICTED OF TWO OR MORE QUALIFYING OFFENSES
WITHIN A FIVE YEAR PERIOD, THE AUTHORITY, UPON RECEIPT OF NOTIFICATION
OF SUCH SECOND OR SUBSEQUENT CONVICTION PURSUANT TO THE PROVISIONS OF
SUBDIVISION TWO OF SECTION ONE HUNDRED SIX-A OF THIS CHAPTER, SHALL, IN
ADDITION TO ANY OTHER SANCTION OR CIVIL OR CRIMINAL PENALTY IMPOSED
PURSUANT TO THIS CHAPTER, IMPOSE ON SUCH LICENSEE A CIVIL PENALTY NOT TO
EXCEED FIVE HUNDRED DOLLARS. FOR PURPOSES OF THIS SUBDIVISION, A QUALI-
FYING OFFENSE SHALL MEAN: (A) THE OFFENSE DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-FIVE OF THIS CHAPTER; OR (B) THE OFFENSE DEFINED IN PARA-
GRAPH (B) OF SUBDIVISION ONE OF SECTION SIXTY-FIVE-B OF THIS CHAPTER.
FOR PURPOSES OF THIS SUBDIVISION, A CONVICTION OF A LICENSEE OR AN
EMPLOYEE OR AGENT OF SUCH LICENSEE SHALL CONSTITUTE A CONVICTION OF SUCH
LICENSEE.
§ 184. DECISIONS OF LIQUOR AUTHORITY AND REVIEW BY THE COURTS.
PROVISIONS OF SECTIONS ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-ONE AND
ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER SHALL APPLY TO MARIHUANA
LICENSES ISSUED UNDER THIS ARTICLE.
§ 185. MINORITY AND WOMEN BUSINESS ENTERPRISES. THE LIQUOR AUTHORITY
SHALL:
1. ACTIVELY PROMOTE RACIAL, ETHNIC, AND GEOGRAPHIC DIVERSITY WHEN
LICENSING MARIHUANA GROWERS, PROCESSORS, AND RETAILERS;
2. ENCOURAGE APPLICANTS WHO QUALIFY AS A MINORITY AND/OR WOMEN BUSI-
NESS ENTERPRISE, AS DEFINED IN SECTION THREE HUNDRED TEN OF THE EXECU-
TIVE LAW, TO APPLY FOR LICENSES; AND
3. IN ACCORDANCE WITH THE OFFICIAL COMPILATION OF CODES, RULES AND
REGULATIONS OF THE STATE OF NEW YORK TITLE 5, DEPARTMENT OF ECONOMIC
DEVELOPMENT, CHAPTER XIV, DIVISION OF MINORITY AND WOMEN'S BUSINESS
DEVELOPMENT, PART 141, SUBMIT AN ANNUAL MASTER GOAL PLAN TO PROMOTE THE
INCLUSION OF: (A) MINORITY-OWNED BUSINESS ENTERPRISES; (B) WOMEN-OWNED
S. 3040 38
BUSINESS ENTERPRISES; AND (C) MINORITY- AND WOMEN-OWNED BUSINESS ENTER-
PRISES WITH JUSTIFICATIONS FOR SUCH GOALS.
§ 186. DISPOSITION OF MONEYS RECEIVED FOR LICENSE FEES. THE MONEYS
RECEIVED FOR LICENSE FEES FOR MARIHUANA PRODUCER LICENSES, MARIHUANA
PROCESSOR LICENSES, AND MARIHUANA RETAILER LICENSES PROVIDED FOR IN THIS
CHAPTER SHALL BE TURNED OVER BY THE LIQUOR AUTHORITY TO THE STATE COMP-
TROLLER. IT SHALL BE PLACED BY THE STATE COMPTROLLER IN THE FUND DERIVED
FROM THE PROCEEDS OF THE TAXES ON MARIHUANA PROVIDED FOR IN ARTICLE
EIGHTEEN-A OF THE TAX LAW AND BECOME A PART THEREOF AND BE SUBJECT TO
ALL OF THE PROVISIONS OF LAW RELATING TO SUCH FUND.
§ 187. PERSONS FORBIDDEN TO TRAFFIC IN MARIHUANA. THE FOLLOWING
PERSONS ARE FORBIDDEN TO TRAFFIC IN MARIHUANA:
1. EXCEPT AS PROVIDED IN SUBDIVISION ONE-A OF THIS SECTION, A PERSON
WHO HAS BEEN CONVICTED OF A CLASS B VIOLENT FELONY OFFENSE, A CLASS C
VIOLENT FELONY OFFENSE, A CLASS D VIOLENT FELONY OFFENSE, OR A CLASS E
VIOLENT FELONY OFFENSE AS DEFINED BY SECTION 70.02 OF THE PENAL LAW,
UNLESS SUBSEQUENT TO SUCH CONVICTION SUCH PERSON SHALL HAVE RECEIVED AN
EXECUTIVE PARDON THEREFOR REMOVING THIS DISABILITY, A CERTIFICATE OF
GOOD CONDUCT GRANTED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, OR A CERTIFICATE OF RELIEF FROM DISABILITIES GRANTED BY THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR A COURT OF THIS
STATE PURSUANT TO THE PROVISIONS OF ARTICLE TWENTY-THREE OF THE
CORRECTION LAW TO REMOVE THE DISABILITY UNDER THIS SECTION BECAUSE OF
SUCH CONVICTION.
1-A. NOTWITHSTANDING THE PROVISION OF SUBDIVISION ONE OF THIS SECTION,
A CORPORATION HOLDING A LICENSE TO TRAFFIC IN MARIHUANA SHALL NOT, UPON
CONVICTION OF A FELONY OR ANY OF THE MISDEMEANORS OR OFFENSES DESCRIBED
IN SUBDIVISION ONE OF THIS SECTION, BE AUTOMATICALLY FORBIDDEN TO TRAF-
FIC IN MARIHUANA, BUT THE APPLICATION FOR A LICENSE BY SUCH A CORPO-
RATION SHALL BE SUBJECT TO DENIAL, AND THE LICENSE OF SUCH A CORPORATION
SHALL BE SUBJECT TO REVOCATION OR SUSPENSION BY THE AUTHORITY PURSUANT
TO SECTION ONE HUNDRED EIGHTEEN OF THIS CHAPTER, CONSISTENT WITH THE
PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW. FOR ANY
FELONY CONVICTION BY A COURT OTHER THAN A COURT OF THIS STATE, THE
AUTHORITY MAY REQUEST THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION TO INVESTIGATE AND REVIEW THE FACTS AND CIRCUMSTANCES CONCERNING
SUCH A CONVICTION, AND SUCH DEPARTMENT SHALL, IF SO REQUESTED, SUBMIT
ITS FINDINGS TO THE AUTHORITY AS TO WHETHER THE CORPORATION HAS
CONDUCTED ITSELF IN A MANNER SUCH THAT DISCRETIONARY REVIEW BY THE
AUTHORITY WOULD NOT BE INCONSISTENT WITH THE PUBLIC INTEREST. THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION MAY CHARGE THE
LICENSEE OR APPLICANT A FEE EQUIVALENT TO THE EXPENSES OF AN APPROPRIATE
INVESTIGATION UNDER THIS SUBDIVISION. FOR ANY CONVICTION RENDERED BY A
COURT OF THIS STATE, THE AUTHORITY MAY REQUEST THE CORPORATION, IF THE
CORPORATION IS ELIGIBLE FOR A CERTIFICATE OF RELIEF FROM DISABILITIES,
TO SEEK SUCH A CERTIFICATE FROM THE COURT WHICH RENDERED THE CONVICTION
AND TO SUBMIT SUCH A CERTIFICATE AS PART OF THE AUTHORITY'S DISCRETION-
ARY REVIEW PROCESS.
2. A PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
3. A PERSON WHO IS NOT A CITIZEN OF THE UNITED STATES OR AN ALIEN
LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES.
4. A CO-PARTNERSHIP OR A CORPORATION, UNLESS EACH MEMBER OF THE PART-
NERSHIP, OR EACH OF THE PRINCIPAL OFFICERS AND DIRECTORS OF THE CORPO-
RATION, IS A CITIZEN OF THE UNITED STATES OR AN ALIEN LAWFULLY ADMITTED
FOR PERMANENT RESIDENCE IN THE UNITED STATES, NOT LESS THAN TWENTY-ONE
YEARS OF AGE, AND HAS NOT BEEN CONVICTED OF ANY FELONY OR ANY OF THE
S. 3040 39
MISDEMEANORS, SPECIFIED IN SECTION 230.20 OR 230.40 OF THE PENAL LAW, OR
IF SO CONVICTED HAS RECEIVED, SUBSEQUENT TO SUCH CONVICTION, AN EXECU-
TIVE PARDON THEREFOR REMOVING THIS DISABILITY A CERTIFICATE OF GOOD
CONDUCT GRANTED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION, OR A CERTIFICATE OF RELIEF FROM DISABILITIES GRANTED BY THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR A COURT OF THIS
STATE PURSUANT TO THE PROVISIONS OF ARTICLE TWENTY-THREE OF THE
CORRECTION LAW TO REMOVE THE DISABILITY UNDER THIS SECTION BECAUSE OF
SUCH CONVICTION; PROVIDED HOWEVER THAT A CORPORATION WHICH OTHERWISE
CONFORMS TO THE REQUIREMENTS OF THIS SECTION AND CHAPTER MAY BE LICENSED
IF EACH OF ITS PRINCIPAL OFFICERS AND MORE THAN ONE-HALF OF ITS DIREC-
TORS ARE CITIZENS OF THE UNITED STATES OR ALIENS LAWFULLY ADMITTED FOR
PERMANENT RESIDENCE IN THE UNITED STATES; AND PROVIDED FURTHER THAT A
CORPORATION ORGANIZED UNDER THE NOT-FOR-PROFIT CORPORATION LAW OR THE
EDUCATION LAW WHICH OTHERWISE CONFORMS TO THE REQUIREMENTS OF THIS
SECTION AND CHAPTER MAY BE LICENSED IF EACH OF ITS PRINCIPAL OFFICERS
AND MORE THAN ONE-HALF OF ITS DIRECTORS ARE NOT LESS THAN TWENTY-ONE
YEARS OF AGE AND NONE OF ITS DIRECTORS ARE LESS THAN EIGHTEEN YEARS OF
AGE; AND PROVIDED FURTHER THAT A CORPORATION ORGANIZED UNDER THE NOT-
FOR-PROFIT CORPORATION LAW OR THE EDUCATION LAW AND LOCATED ON THE PREM-
ISES OF A COLLEGE AS DEFINED BY SECTION TWO OF THE EDUCATION LAW WHICH
OTHERWISE CONFORMS TO THE REQUIREMENTS OF THIS SECTION AND CHAPTER MAY
BE LICENSED IF EACH OF ITS PRINCIPAL OFFICERS AND EACH OF ITS DIRECTORS
ARE NOT LESS THAN EIGHTEEN YEARS OF AGE.
5. (A) A PERSON WHO SHALL HAVE HAD ANY LICENSE ISSUED UNDER THIS CHAP-
TER REVOKED FOR CAUSE, UNTIL THE EXPIRATION OF TWO YEARS FROM THE DATE
OF SUCH REVOCATION.
(B) A PERSON NOT LICENSED UNDER THE PROVISIONS OF THIS CHAPTER, WHO
HAS BEEN CONVICTED OF A VIOLATION OF THIS CHAPTER, UNTIL THE EXPIRATION
OF TWO YEARS FROM THE DATE OF SUCH CONVICTION.
6. A CORPORATION OR CO-PARTNERSHIP, IF ANY OFFICER AND DIRECTOR OR ANY
PARTNER, WHILE NOT LICENSED UNDER THE PROVISIONS OF THIS CHAPTER, HAS
BEEN CONVICTED OF A VIOLATION OF THIS CHAPTER, OR HAS HAD A LICENSE
ISSUED UNDER THIS CHAPTER REVOKED FOR CAUSE, UNTIL THE EXPIRATION OF TWO
YEARS FROM THE DATE OF SUCH CONVICTION OR REVOCATION.
§ 188. SURRENDER OF LICENSE; NOTICE TO POLICE OFFICIALS. WITHIN THREE
DAYS AFTER A LICENSE SHALL HAVE BEEN REVOKED PURSUANT TO THIS CHAPTER,
NOTICE THEREOF SHALL BE GIVEN TO THE LICENSEE BY MAILING SUCH NOTICE
ADDRESSED TO HIM AT THE PREMISES LICENSED. NOTICE SHALL ALSO BE MAILED
TO THE OWNER OF THE PREMISES LICENSED. THE HOLDER OF SUCH LICENSE SHALL
THEREUPON SURRENDER SAME TO THE LIQUOR AUTHORITY. THE MAILING THEREOF BY
THE LICENSEE TO THE LIQUOR AUTHORITY BY REGISTERED MAIL OR INSURED
PARCEL POST SHALL BE DEEMED SUFFICIENT COMPLIANCE WITH THIS SECTION. THE
LIQUOR AUTHORITY, IMMEDIATELY UPON GIVING NOTICE OF REVOCATION, SHALL
SERVE A WRITTEN NOTICE THEREOF UPON THE COMMISSIONER OF POLICE, CHIEF OF
POLICE OR CHIEF POLICE OFFICER OF THE CITY, OR VILLAGE IN WHICH THE
PREMISES FOR WHICH THE REVOKED LICENSE WAS ISSUED IS SITUATED, OR UPON
THE SHERIFF OF THE COUNTY OR A CONSTABLE OF THE TOWN IN CASE THE LICENSE
WAS ISSUED FOR PREMISES SITUATED IN A TOWN AND NOT WITHIN ANY CITY OR
VILLAGE. SUCH NOTICE SHALL INCLUDE A STATEMENT OF THE NUMBER OF SUCH
LICENSE, THE NAME AND PLACE OF RESIDENCE OF THE HOLDER THEREOF, THE
LOCATION OF THE LICENSED PREMISES, AND THE DATE WHEN SUCH LICENSE WAS
REVOKED. IN CASE SUCH LICENSE BE NOT FORTHWITH SURRENDERED, THE LIQUOR
AUTHORITY SHALL ISSUE A WRITTEN DEMAND FOR THE SURRENDER OF SUCH LICENSE
AND DELIVER SAID DEMAND TO THE SHERIFF OF THE COUNTY IN WHICH THE
LICENSED PREMISES ARE LOCATED, OR TO ANY REPRESENTATIVE OF THE LIQUOR
S. 3040 40
AUTHORITY, AND SAID SHERIFF OR REPRESENTATIVE SHALL IMMEDIATELY TAKE
POSSESSION OF SUCH LICENSE AND RETURN THE SAME TO THE LIQUOR AUTHORITY.
§ 189. AUTHORITY TO PROMULGATE RULES AND REGULATIONS. THE LIQUOR
AUTHORITY SHALL PROMULGATE AND IMPLEMENT ALL RULES AND REGULATIONS AS IT
DEEMS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THIS ARTICLE.
§ 190. PROTECTIONS FOR THE USE OF MARIHUANA. INDIVIDUALS AND LICENSED
ENTITIES SHALL NOT BE SUBJECT TO ARREST, PROSECUTION, OR PENALTY IN ANY
MANNER, OR DENIED ANY RIGHT OR PRIVILEGE, INCLUDING BUT NOT LIMITED TO
CIVIL LIABILITY OR DISCIPLINARY ACTION BY A BUSINESS OR OCCUPATIONAL OR
PROFESSIONAL LICENSING BOARD OR BUREAU, SOLELY FOR CONDUCT PERMITTED
UNDER THIS CHAPTER. FOR THE AVOIDANCE OF DOUBT, THE APPELLATE DIVISION
OF THE SUPREME COURT OF THE STATE OF NEW YORK, AND ANY DISCIPLINARY OR
CHARACTER AND FITNESS COMMITTEES ESTABLISHED BY THEM ARE OCCUPATIONAL
AND PROFESSIONAL LICENSING BOARDS WITHIN THE MEANING OF THIS SECTION.
STATE OR LOCAL LAW ENFORCEMENT AGENCIES SHALL NOT COOPERATE WITH OR
PROVIDE ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY AGENCY
THEREOF IN ENFORCING THE CONTROLLED SUBSTANCE ACT, 21, U.S.C. S8012 ET
SEQ., SOLELY FOR ACTIONS CONSISTENT WITH THIS CHAPTER, EXCEPT AS PURSU-
ANT TO A VALID COURT ORDER.
§ 191. CIVIL PROTECTIONS FOR THE USE OF MARIHUANA. THE PRESENCE,
DETECTED OR ESTABLISHED BY ANY MEANS OF CANNABINOIDS, CANNABINOID META-
BOLITES OR OTHER CHEMICALS FOUND IN MARIHUANA IN THE BODY, FLUIDS,
TISSUES OR OTHER BODY PARTS OF A PERSON ENGAGED IN CONDUCT PERMITTED
UNDER THIS CHAPTER BY:
1. A STUDENT, EMPLOYEE, OR TENANT, SHALL NOT FORM THE BASIS FOR
REFUSAL TO ENROLL OR EMPLOY OR LEASE TO OR OTHERWISE PENALIZE THAT
PERSON, UNLESS FAILING TO DO SO WOULD PUT THE SCHOOL, EMPLOYER, OR LAND-
LORD IN VIOLATION OF FEDERAL LAW OR CAUSE IT TO LOSE A FEDERAL CONTRACT
OR FUNDING;
2. A PATIENT, SHALL NOT CONSTITUTE THE USE OF AN ILLICIT SUBSTANCE
RESULTING IN DENIAL OF MEDICAL CARE, INCLUDING ORGAN TRANSPLANT, AND A
PATIENT'S USE OF MARIHUANA MAY ONLY BE CONSIDERED WITH RESPECT TO
EVIDENCE-BASED CLINICAL CRITERIA; AND
3. A PARENT OR LEGAL GUARDIAN OF A CHILD OR NEWBORN INFANT, OR A PREG-
NANT WOMAN, SHALL NOT FORM THE SOLE OR PRIMARY BASIS FOR ANY ACTION OR
PROCEEDING BY A CHILD WELFARE AGENCY UNDER TITLE ONE OF ARTICLE SIX OF
THE SOCIAL SERVICES LAW, OR A FAMILY COURT UNDER ARTICLE TEN OF THE
FAMILY COURT ACT.
§ 192. PROFESSIONAL AND MEDICAL RECORD KEEPING. ANY PROFESSIONAL
PROVIDING SERVICES IN CONNECTION WITH A LICENSED OR POTENTIALLY LICENSED
BUSINESS UNDER THIS CHAPTER, OR IN CONNECTION WITH OTHER CONDUCT PERMIT-
TED UNDER THIS CHAPTER, AND ANY MEDICAL PROFESSIONAL PROVIDING MEDICAL
CARE TO A PATIENT, MAY AGREE WITH THEIR CLIENT OR PATIENT TO MAINTAIN NO
RECORD, OR ANY REDUCED LEVEL OF RECORD KEEPING THAT PROFESSIONAL AND
CLIENT OR PATIENT MAY AGREE. IN CASE OF SUCH AGREEMENT, THE PROFES-
SIONAL'S ONLY OBLIGATION SHALL BE TO KEEP SUCH RECORDS AS AGREED, AND TO
KEEP A RECORD OF THE AGREEMENT. SUCH REDUCED RECORD KEEPING IS CONDUCT
PERMITTED UNDER THIS CHAPTER, AND SHALL ATTRACT THE PROTECTIONS OF
SECTION ONE HUNDRED NINETY OF THIS ARTICLE.
§ 34. The tax law is amended by adding a new article 18-A to read as
follows:
ARTICLE 18-A
PROVISIONS RELATING TO MARIHUANA
SECTION 446. DEFINITIONS.
447. TAXES IMPOSED.
448. SURETY BOND.
S. 3040 41
449. COLLECTION OF TAX.
450. FUND.
450-A. LOCAL TAXES ON MARIHUANA BY A CITY OR TOWN.
450-B. ORDINARY AND NECESSARY EXPENSES DEDUCTIBLE FROM NET
INCOME.
§ 446. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "CONCENTRATED CANNABIS" MEANS (A) THE SEPARATED RESIN, WHETHER
CRUDE OR PURIFIED, OBTAINED FROM A PLANT OF THE GENUS CANNABIS; OR (B) A
MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE WHICH
CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDROCANNABI-
NOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR DELTA-1
TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE NUMBERING
SYSTEM.
2. "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,
WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY
PART OF THE PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE,
MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT
INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS,
OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-
FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS
(EXCEPT THE RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE
STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES
NOT INCLUDE ALL PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING
OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-
BINOL (THC).
3. "MARIHUANA CONSUMER" MEANS A PERSON TWENTY-ONE YEARS OF AGE OR
OLDER WHO PURCHASED MARIHUANA OR MARIHUANA PRODUCTS FOR PERSONAL USE BY
PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.
4. "MARIHUANA PROCESSOR" MEANS A PERSON LICENSED BY THE STATE LIQUOR
AUTHORITY TO PURCHASE MARIHUANA AND CONCENTRATED CANNABIS FROM MARIHUANA
PRODUCERS, TO PROCESS MARIHUANA, CONCENTRATED CANNABIS, AND MARIHUANA
INFUSED PRODUCTS, PACKAGE AND LABEL MARIHUANA, CONCENTRATED CANNABIS AND
MARIHUANA INFUSED PRODUCTS FOR SALE IN RETAIL OUTLETS, AND SELL MARIHUA-
NA, CONCENTRATED CANNABIS AND MARIHUANA INFUSED PRODUCTS AT WHOLESALE TO
MARIHUANA RETAILERS.
5. "MARIHUANA PRODUCER" MEANS A PERSON LICENSED BY THE STATE LIQUOR
AUTHORITY TO PRODUCE, PROCESS, AND SELL MARIHUANA AND CONCENTRATED
CANNABIS AT WHOLESALE TO MARIHUANA PROCESSORS, MARIHUANA RETAILERS, OR
OTHER MARIHUANA PRODUCERS, BUT NOT TO CONSUMERS.
6. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA INFUSED PRODUCTS.
7. "MARIHUANA-INFUSED PRODUCTS" MEANS PRODUCTS THAT CONTAIN MARIHUANA,
MARIHUANA EXTRACTS, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR HUMAN
USE OR CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS, OINT-
MENTS, AND TINCTURES.
8. "IMMATURE MARIHUANA PLANT" MEANS A MARIHUANA PLANT WITH NO OBSERVA-
BLE FLOWERS OR BUDS.
9. "MARIHUANA RETAILER" MEANS A PERSON LICENSED BY THE STATE LIQUOR
AUTHORITY TO PURCHASE MARIHUANA, CONCENTRATED CANNABIS, AND MARIHUANA-
INFUSED PRODUCTS FROM MARIHUANA PRODUCERS AND MARIHUANA PROCESSORS AND
SELL MARIHUANA, MARIHUANA INFUSED PRODUCTS, AND CONCENTRATED CANNABIS IN
A RETAIL OUTLET.
10. "MARIHUANA RETAILER FOR ON-PREMISES CONSUMPTION" MEANS A PERSON
LICENSED BY THE STATE LIQUOR AUTHORITY TO PURCHASE MARIHUANA, CONCEN-
TRATED CANNABIS, AND MARIHUANA INFUSED PRODUCTS FROM MARIHUANA PRODUC-
ERS, MARIHUANA RETAILERS AND MARIHUANA PROCESSORS AND SELL MARIHUANA
S. 3040 42
PRODUCTS FOR A CUSTOMER TO CONSUME WHILE THE CUSTOMER IS WITHIN THE
FACILITY.
§ 447. TAXES IMPOSED. 1. (A) AN EXCISE TAX IS HEREBY LEVIED UPON MARI-
HUANA SOLD OR OTHERWISE TRANSFERRED FROM A MARIHUANA PROCESSOR TO A
RETAIL MARIHUANA STORE AT A RATE OF:
(1) FIFTEEN PERCENT OF THE PRICE AT TRANSFER; AND
(2)(A) THIRTY-FIVE DOLLARS PER OUNCE ON ALL MARIHUANA FLOWERS;
(B) TEN DOLLARS PER OUNCE ON MARIHUANA LEAVES; AND
(C) FIVE DOLLARS PER IMMATURE MARIHUANA PLANT.
(B) TAXES ON CONCENTRATED CANNABIS SHALL BE CALCULATED BASED ON THE
WEIGHT OF THE PRODUCT USED TO CREATE THE CONCENTRATE. IN THE EVENT THAT
A PERSON HOLDS BOTH A MARIHUANA PRODUCER LICENSE AND A MARIHUANA PROCES-
SORS LICENSE, THE EXCISE TAX SHALL BE LEVIED AT THE TIME OF SALE TO A
MARIHUANA RETAILER OR MARIHUANA RETAILER FOR ON-PREMISES CONSUMPTION AT
THE SAME RATE BASED ON CONTENT OF MARIHUANA OR CONCENTRATED CANNABIS
CONTAINED IN THE PRODUCT SOLD.
2. FOR REPORTING PERIODS BEGINNING ON OR AFTER JULY FIRST, TWO THOU-
SAND SEVENTEEN, THE RATES OF TAX UNDER SUBDIVISION ONE OF THIS SECTION
SHALL BE ADJUSTED FOR EACH BIENNIUM ACCORDING TO THE COST-OF-LIVING
ADJUSTMENT FOR THE CALENDAR YEAR. THE DEPARTMENT SHALL RE-COMPUTE THE
RATES FOR EACH BIENNIUM BY ADDING TO EACH RATE IN SUBDIVISION ONE OF
THIS SECTION THE PRODUCT OBTAINED BY MULTIPLYING THE RATE BY A FACTOR
THAT IS EQUAL TO 0.25 MULTIPLIED BY THE PERCENTAGE (IF ANY) BY WHICH THE
MONTHLY AVERAGED U.S. CITY AVERAGE CONSUMER PRICE INDEX FOR THE TWELVE
CONSECUTIVE MONTHS ENDING AUGUST THIRTY-FIRST OF THE PRIOR CALENDAR YEAR
EXCEEDS THE MONTHLY AVERAGED U.S. CITY AVERAGE CONSUMER PRICE INDEX FOR
THE TWELVE CONSECUTIVE MONTHS ENDING AUGUST THIRTY-FIRST, TWO THOUSAND
FIFTEEN.
3. THE DEPARTMENT SHALL REGULARLY REVIEW THE RATES OF THE TAX UNDER
SUBDIVISION ONE OF THIS SECTION AND MAKE RECOMMENDATIONS TO THE LEGISLA-
TURE REGARDING APPROPRIATE ADJUSTMENTS TO THE RATES THAT WILL FURTHER
THE PURPOSES OF:
(A) MAXIMIZING NET REVENUE;
(B) MINIMIZING THE ILLEGAL MARIHUANA INDUSTRY; AND
(C) DISCOURAGING THE USE OF MARIHUANA BY MINORS UNDER TWENTY-ONE YEARS
OF AGE.
§ 448. SURETY BOND. MARIHUANA RETAILER APPLICANTS ARE REQUIRED TO
SUBMIT A SURETY BOND WITH THE DEPARTMENT EQUAL TO TWO MONTHS OF THE
CULTIVATION FACILITY'S ANTICIPATED RETAIL MARIHUANA EXCISE TAX. THE
SURETY BOND MUST BE ISSUED BY A COMPANY AUTHORIZED TO DO BUSINESS IN THE
STATE. PROOF OF SURETY BOND IS REQUIRED FOR APPROVAL OF APPLICANT'S
RETAIL LICENSE.
§ 449. COLLECTION OF TAX. THIS TAX SHALL BE COLLECTED BY THE COMMIS-
SIONER WHO SHALL ESTABLISH A PROCEDURE FOR THE COLLECTION OF THIS TAX.
§ 450. FUND. PROCEEDS FROM THE TAX SHALL BE GIVEN TO THE STATE COMP-
TROLLER FOR PLACEMENT IN A FUND THAT SHALL BE KNOWN AS A MARIHUANA
REVENUE FUND. FIFTEEN PERCENT OF THE REVENUE COLLECTED IN THE MARIHUANA
REVENUE FUND SHALL BE DIVIDED EQUALLY BETWEEN (A) THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES FOR RE-ENTRY SUPPORT SERVICES FOR INDIVIDUALS
RELEASED FROM PRISON AFTER SERVING TIME FOR DRUG RELATED OFFENSES; (B)
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR DRUG ABUSE
PREVENTION AND TREATMENT PROGRAMS; AND (C) THE DEPARTMENT OF LABOR FOR
APPRENTICESHIP AND JOB TRAINING PROGRAMS TARGETING, WITH PREFERENCE
GIVEN TO PROGRAMS TARGETING CENSUS TRACTS WITH A POVERTY RATE OF AT
LEAST TWENTY PERCENT OR AN UNEMPLOYMENT RATE OF AT LEAST ONE AND ONE
QUARTER TIMES THE NEW YORK STATE UNEMPLOYMENT RATE. THE REMAINDER OF THE
S. 3040 43
REVENUE COLLECTED FROM THIS TAX SHALL GO INTO THE GENERAL FUND. FOR THE
FIRST FIVE YEARS OF THE FUND, TEN PERCENT OF THE ANNUAL PROCEEDS
COLLECTED IN THE MARIHUANA REVENUE FUND SHALL BE PROVIDED TO THE STATE
LIQUOR AUTHORITY FOR PROGRAM ADMINISTRATION COSTS.
§ 450-A. LOCAL TAXES ON MARIHUANA BY A CITY OR TOWN. ANY CITY OR TOWN
IN THIS STATE, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY
AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IMPOSING IN ANY
SUCH CITY OR TOWN A SALES TAX ON MARIHUANA RETAILERS AT A RATE OF FIVE
PERCENT OF THE SALE PRICE OF MARIHUANA PRODUCTS SOLD TO A MARIHUANA
CONSUMER. ANY TAXES IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION
SHALL BE ADMINISTERED AND COLLECTED BY THE TAX COMMISSION IN THE SAME
MANNER AS THE TAXES IMPOSED UNDER SECTION FOUR HUNDRED FORTY-NINE OF
THIS ARTICLE. THE COMMISSIONER IS HEREBY EMPOWERED TO MAKE SUCH
PROVISIONS AS IT DEEMS NECESSARY FOR THE JOINT ADMINISTRATION AND
COLLECTION OF THE STATE AND LOCAL TAXES IMPOSED AND AUTHORIZED BY THIS
ARTICLE.
§ 450-B. ORDINARY AND NECESSARY EXPENSES DEDUCTIBLE FROM NET INCOME.
NOTWITHSTANDING ANY FEDERAL TAX LAW TO THE CONTRARY, IN COMPUTING NET
INCOME FOR BUSINESSES EXEMPTED FROM CRIMINAL PENALTIES UNDER ARTICLES
TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-ONE OF THE PENAL LAW AND ARTI-
CLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW, THERE SHALL BE ALLOWED
AS A DEDUCTION FROM STATE TAXES ALL THE ORDINARY AND NECESSARY EXPENSES
PAID OR INCURRED DURING THE TAXABLE YEAR IN CARRYING ON ANY TRADE OR
BUSINESS, INCLUDING, BUT NOT LIMITED TO, REASONABLE ALLOWANCE FOR SALA-
RIES OR OTHER COMPENSATION FOR PERSONAL SERVICES ACTUALLY RENDERED.
§ 35. Paragraphs (i), (j) and (k) of subdivision 3 of section 160.50
of the criminal procedure law, paragraphs (i) and (j) as added by chap-
ter 905 of the laws of 1977 and paragraph (k) as added by chapter 835 of
the laws of 1977 and as relettered by chapter 192 of the laws of 1980,
are amended to read as follows:
(i) prior to the filing of an accusatory instrument in a local crimi-
nal court against such person, the prosecutor elects not to prosecute
such person. In such event, the prosecutor shall serve a certification
of such disposition upon the division of criminal justice services and
upon the appropriate police department or law enforcement agency which,
upon receipt thereof, shall comply with the provisions of paragraphs
(a), (b), (c) and (d) of subdivision one of this section in the same
manner as is required thereunder with respect to an order of a court
entered pursuant to said subdivision one[.]; OR
(j) following the arrest of such person, the arresting police agency,
prior to the filing of an accusatory instrument in a local criminal
court but subsequent to the forwarding of a copy of the fingerprints of
such person to the division of criminal justice services, elects not to
proceed further. In such event, the head of the arresting police agency
shall serve a certification of such disposition upon the division of
criminal justice services which, upon receipt thereof, shall comply with
the provisions of paragraphs (a), (b), (c) and (d) of subdivision one of
this section in the same manner as is required thereunder with respect
to an order of a court entered pursuant to said subdivision one[.]; OR
(k) (i) The accusatory instrument alleged a violation of article two
hundred twenty or section 240.36 of the penal law, prior to the taking
effect of article two hundred twenty-one of the penal law, or a
violation of article two hundred twenty-one of the penal law; (ii) the
sole controlled substance involved is [marijuana] MARIHUANA; AND (iii)
the conviction was only for a violation or violations[; and (iv) at
least three years have passed since the offense occurred].
S. 3040 44
§ 36. Subdivision 1 of section 170.56 of the criminal procedure law,
as amended by chapter 360 of the laws of 1977, is amended to read as
follows:
1. Upon or after arraignment in a local criminal court upon an infor-
mation, a prosecutor's information or a misdemeanor complaint, where the
sole remaining count or counts charge a violation or violations of
section 221.05, [221.10,] 221.15, 221.35 or 221.40 of the penal law and
before the entry of a plea of guilty thereto or commencement of a trial
thereof, the court, upon motion of a defendant, may order that all
proceedings be suspended and the action adjourned in contemplation of
dismissal, or upon a finding that adjournment would not be necessary or
appropriate and the setting forth in the record of the reasons for such
findings, may dismiss in furtherance of justice the accusatory instru-
ment; provided, however, that the court may not order such adjournment
in contemplation of dismissal or dismiss the accusatory instrument if:
(a) the defendant has previously been granted such adjournment in
contemplation of dismissal, or (b) the defendant has previously been
granted a dismissal under this section, or (c) the defendant has previ-
ously been convicted of any offense involving controlled substances, or
(d) the defendant has previously been convicted of a crime and the
district attorney does not consent or (e) the defendant has previously
been adjudicated a youthful offender on the basis of any act or acts
involving controlled substances and the district attorney does not
consent. NOTWITHSTANDING THE LIMITATIONS SET FORTH IN THIS SUBDIVISION,
THE COURT MAY ORDER THAT ALL PROCEEDINGS BE SUSPENDED AND THE ACTION
ADJOURNED IN CONTEMPLATION OF DISMISSAL BASED UPON A FINDING OF EXCEP-
TIONAL CIRCUMSTANCES. FOR PURPOSES OF THIS SUBDIVISION, EXCEPTIONAL
CIRCUMSTANCES EXIST WHEN, REGARDLESS OF THE ULTIMATE DISPOSITION OF THE
CASE, THE ENTRY OF A PLEA OF GUILTY IS LIKELY TO RESULT IN SEVERE COLLA-
TERAL CONSEQUENCES, INCLUDING, BUT NOT LIMITED TO, THOSE THAT COULD
LEAVE A NONCITIZEN INADMISSIBLE OR REMOVABLE FROM THE UNITED STATES.
§ 37. Section 210.46 of the criminal procedure law, as amended by
chapter 360 of the laws of 1977, is amended to read as follows:
§ 210.46 Adjournment in contemplation of dismissal in marihuana cases
in a superior court.
Upon or after arraignment in a superior court upon an indictment where
the sole remaining count or counts charge a violation or violations of
section 221.05, [221.10,] 221.15, 221.35 or 221.40 of the penal law and
before the entry of a plea of guilty thereto or commencement of a trial
thereof, the court, upon motion of a defendant, may order that all
proceedings be suspended and the action adjourned in contemplation of
dismissal or may dismiss the indictment in furtherance of justice, in
accordance with the provisions of section 170.56 of this chapter.
§ 38. Paragraphs (h) and (i) of subdivision 1 of section 440.10 of the
criminal procedure law, paragraph (h) as amended by chapter 332 of the
laws of 2010 and paragraph (i) as amended by chapter 368 of the laws of
2015, are amended and a new paragraph (j) is added to read as follows:
(h) The judgment was obtained in violation of a right of the defendant
under the constitution of this state or of the United States; [or]
(i) The judgment is a conviction where the arresting charge was under
section 240.37 (loitering for the purpose of engaging in a prostitution
offense, provided that the defendant was not alleged to be loitering for
the purpose of patronizing a person for prostitution or promoting pros-
titution) or 230.00 (prostitution) or 230.03 (prostitution in a school
zone) of the penal law, and the defendant's participation in the offense
was a result of having been a victim of sex trafficking under section
S. 3040 45
230.34 of the penal law, labor trafficking under section 135.35 of the
penal law, aggravated labor trafficking under section 135.37 of the
penal law, compelling prostitution under section 230.33 of the penal
law, or trafficking in persons under the Trafficking Victims Protection
Act (United States Code, title 22, chapter 78); provided that
(i) a motion under this paragraph shall be made with due diligence,
after the defendant has ceased to be a victim of such trafficking or
compelling prostitution crime or has sought services for victims of such
trafficking or compelling prostitution crime, subject to reasonable
concerns for the safety of the defendant, family members of the defend-
ant, or other victims of such trafficking or compelling prostitution
crime that may be jeopardized by the bringing of such motion, or for
other reasons consistent with the purpose of this paragraph; and
(ii) official documentation of the defendant's status as a victim of
trafficking, compelling prostitution or trafficking in persons at the
time of the offense from a federal, state or local government agency
shall create a presumption that the defendant's participation in the
offense was a result of having been a victim of sex trafficking, compel-
ling prostitution or trafficking in persons, but shall not be required
for granting a motion under this paragraph[.]; OR
(J) THE JUDGMENT OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH AND IS A CONVICTION FOR:
(I) AN OFFENSE AS DEFINED BY SECTION 221.10 OF THE PENAL LAW (CRIMINAL
POSSESSION OF MARIHUANA IN THE FIFTH DEGREE), AS IN EFFECT PRIOR TO THE
EFFECTIVE DATE OF THIS PARAGRAPH, PROVIDED THAT THE ACCUSATORY INSTRU-
MENT THAT UNDERLIES THE JUDGMENT DOES NOT INCLUDE AN ALLEGATION THAT THE
DEFENDANT POSSESSED MORE THAN TWENTY-FIVE GRAMS OF MARIHUANA; OR
(II) AN OFFENSE AS DEFINED BY FORMER SECTION 221.35 OF THE PENAL LAW
(CRIMINAL SALE OF MARIHUANA IN THE FIFTH DEGREE).
§ 39. Subdivision 6 of section 440.10 of the criminal procedure law,
as added by chapter 332 of the laws of 2010, is amended to read as
follows:
6. If the court grants a motion under paragraph (i) OR PARAGRAPH (J)
of subdivision one of this section, it must vacate the judgment and
dismiss the accusatory instrument, and may take such additional action
as is appropriate in the circumstances.
§ 40. Section 440.46 of the criminal procedure law, as added by
section 9 of part AAA of chapter 56 of the laws of 2009, subdivision 1
as amended by section 79 of subpart B of part C of chapter 62 of the
laws of 2011, is amended to read as follows:
§ 440.46 Motion for resentence; certain controlled substance offenders.
1. A PERSON MAY, UPON NOTICE TO THE APPROPRIATE DISTRICT ATTORNEY,
APPLY FOR RESENTENCING OR REDESIGNATION TO A DETERMINATE SENTENCE,
SUBJECT TO THE FOLLOWING CRITERIA:
A. Any person in the custody of the department of corrections and
community supervision convicted of a class B felony offense defined in
article two hundred twenty of the penal law which was committed prior to
January thirteenth, two thousand five, who is serving an indeterminate
sentence with a maximum term of more than three years, may[, except as
provided in subdivision five of this section, upon notice to the appro-
priate district attorney,] apply to be resentenced to a determinate
sentence in accordance with sections 60.04 and 70.70 of the penal law in
the court which imposed the sentence.
[2.] (I) As part of any such application, the defendant may also move
to be resentenced to a determinate sentence in accordance with section
70.70 of the penal law for any one or more class C, D, or E felony
S. 3040 46
offenses defined in article two hundred twenty or two hundred twenty-one
of the penal law, the sentence or sentences for which were imposed by
the sentencing court at the same time or were included in the same order
of commitment as such class B felony.
(II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO ANY PERSON
WHO IS SERVING A SENTENCE ON A CONVICTION FOR OR HAS A PREDICATE FELONY
CONVICTION FOR AN EXCLUSION OFFENSE. FOR PURPOSES OF THIS SUBDIVISION,
AN "EXCLUSION OFFENSE" IS: (A) A CRIME FOR WHICH THE PERSON WAS PREVI-
OUSLY CONVICTED WITHIN THE PRECEDING TEN YEARS, EXCLUDING ANY TIME
DURING WHICH THE OFFENDER WAS INCARCERATED FOR ANY REASON BETWEEN THE
TIME OF COMMISSION OF THE PREVIOUS FELONY AND THE TIME OF COMMISSION OF
THE PRESENT FELONY, WHICH WAS: (1) A VIOLENT FELONY OFFENSE AS DEFINED
IN SECTION 70.02 OF THE PENAL LAW; OR (2) ANY OTHER OFFENSE FOR WHICH A
MERIT TIME ALLOWANCE IS NOT AVAILABLE PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED THREE OF THE
CORRECTION LAW; OR (B) A SECOND VIOLENT FELONY OFFENSE PURSUANT TO
SECTION 70.04 OF THE PENAL LAW OR A PERSISTENT VIOLENT FELONY OFFENSE
PURSUANT TO SECTION 70.08 OF THE PENAL LAW FOR WHICH THE PERSON HAS
PREVIOUSLY BEEN ADJUDICATED.
B. A PERSON CURRENTLY SERVING A SENTENCE FOR A CONVICTION, WHETHER BY
TRIAL OR BY PLEA, OF AN OFFENSE DEFINED IN THE FORMER SECTIONS 221.25,
221.30, 221.50, OR 221.55 AND SECTIONS 221.15, 221.20, 221.35, OR 221.45
OF THE PENAL LAW PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH MAY APPLY
TO BE RESENTENCED TO A DETERMINATE SENTENCE IN ACCORDANCE WITH SECTIONS
221.15, 221.20, 221.35, 221.40, OR 221.45 OF THE PENAL LAW, AS AMENDED,
IN THE COURT WHICH IMPOSED THE SENTENCE.
C. A PERSON WHO HAS COMPLETED HIS OR HER SENTENCE FOR A CONVICTION,
WHETHER BY TRIAL OR BY PLEA, OF AN OFFENSE IN THE FORMER SECTIONS
221.25, 221.30, 221.50, OR 221.55 OF THE PENAL LAW PRIOR TO THE EFFEC-
TIVE DATE OF THIS PARAGRAPH MAY APPLY FOR RE-DESIGNATION OF THEIR
CONVICTION TO A DETERMINATE CONVICTION IN ACCORDANCE WITH SECTIONS
221.15, 221.20, 221.35, 221.40, OR 221.45 OF THE PENAL LAW, AS AMENDED,
IN THE COURT WHICH IMPOSED THE SENTENCE.
[3.] 2. The provisions of section twenty-three of chapter seven
hundred thirty-eight of the laws of two thousand four shall govern the
proceedings on and determination of a motion brought pursuant to this
section; provided, however that the court's consideration of the insti-
tutional record of confinement of such person shall include but not be
limited to such person's participation in or willingness to participate
in treatment or other programming while incarcerated and such person's
disciplinary history. The fact that a person may have been unable to
participate in treatment or other programming while incarcerated despite
such person's willingness to do so shall not be considered a negative
factor in determining a motion pursuant to this section.
[4.] 3. Subdivision one of section seven hundred seventeen and subdi-
vision four of section seven hundred twenty-two of the county law, and
the related provisions of article eighteen-A of such law, shall apply to
the preparation of and proceedings on motions pursuant to this section,
including any appeals.
[5. The provisions of this section shall not apply to any person who
is serving a sentence on a conviction for or has a predicate felony
conviction for an exclusion offense. For purposes of this subdivision,
an "exclusion offense" is:
(a) a crime for which the person was previously convicted within the
preceding ten years, excluding any time during which the offender was
incarcerated for any reason between the time of commission of the previ-
S. 3040 47
ous felony and the time of commission of the present felony, which was:
(i) a violent felony offense as defined in section 70.02 of the penal
law; or (ii) any other offense for which a merit time allowance is not
available pursuant to subparagraph (ii) of paragraph (d) of subdivision
one of section eight hundred three of the correction law; or
(b) a second violent felony offense pursuant to section 70.04 of the
penal law or a persistent violent felony offense pursuant to section
70.08 of the penal law for which the person has previously been adjudi-
cated.]
4. UNDER NO CIRCUMSTANCES MAY RESENTENCING UNDER THIS SECTION RESULT
IN THE IMPOSITION OF A TERM LONGER THAN THE ORIGINAL SENTENCE.
5. NOTHING IN THIS SECTION IS INTENDED TO DIMINISH OR ABROGATE ANY
RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THE PETITIONER OR APPLICANT.
§ 41. Paragraph (c) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 37 of the laws of 2014, is amended
to read as follows:
(c) Criminal possession of a controlled substance in the seventh
degree as defined in section 220.03 of the penal law, criminal
possession of a controlled substance in the fifth degree as defined in
section 220.06 of the penal law, criminal possession of a controlled
substance in the fourth degree as defined in section 220.09 of the penal
law, criminal possession of a controlled substance in the third degree
as defined in section 220.16 of the penal law, criminal possession of a
controlled substance in the second degree as defined in section 220.18
of the penal law, criminal possession of a controlled substance in the
first degree as defined in section 220.21 of the penal law, criminal
sale of a controlled substance in the fifth degree as defined in section
220.31 of the penal law, criminal sale of a controlled substance in the
fourth degree as defined in section 220.34 of the penal law, criminal
sale of a controlled substance in the third degree as defined in section
220.39 of the penal law, criminal sale of a controlled substance in the
second degree as defined in section 220.41 of the penal law, criminal
sale of a controlled substance in the first degree as defined in section
220.43 of the penal law, criminally possessing a hypodermic instrument
as defined in section 220.45 of the penal law, criminal sale of a
prescription for a controlled substance or a controlled substance by a
practitioner or pharmacist as defined in section 220.65 of the penal
law, criminal possession of methamphetamine manufacturing material in
the second degree as defined in section 220.70 of the penal law, crimi-
nal possession of methamphetamine manufacturing material in the first
degree as defined in section 220.71 of the penal law, criminal
possession of precursors of methamphetamine as defined in section 220.72
of the penal law, unlawful manufacture of methamphetamine in the third
degree as defined in section 220.73 of the penal law, unlawful manufac-
ture of methamphetamine in the second degree as defined in section
220.74 of the penal law, unlawful manufacture of methamphetamine in the
first degree as defined in section 220.75 of the penal law, unlawful
disposal of methamphetamine laboratory material as defined in section
220.76 of the penal law, operating as a major trafficker as defined in
section 220.77 of the penal law, [criminal possession of marihuana in
the first degree as defined in section 221.30 of the penal law, criminal
sale of marihuana in the first degree as defined in section 221.55 of
the penal law,] promoting gambling in the second degree as defined in
section 225.05 of the penal law, promoting gambling in the first degree
as defined in section 225.10 of the penal law, possession of gambling
records in the second degree as defined in section 225.15 of the penal
S. 3040 48
law, possession of gambling records in the first degree as defined in
section 225.20 of the penal law, and possession of a gambling device as
defined in section 225.30 of the penal law;
§ 42. Paragraphs (b) and (c) of subdivision 4-b and subdivisions 6 and
9 of section 1310 of the civil practice law and rules, paragraphs (b)
and (c) of subdivision 4-b as added by chapter 655 of the laws of 1990
and subdivisions 6 and 9 as added by chapter 669 of the laws of 1984,
are amended to read as follows:
(b) on three or more occasions, engaging in conduct constituting a
violation of any of the felonies defined in section 220.09, 220.16,
220.18, 220.21, 220.31, 220.34, 220.39, 220.41[,] OR 220.43 [or 221.55]
of the penal law, which violations do not constitute a single criminal
offense as defined in subdivision one of section 40.10 of the criminal
procedure law, or a single criminal transaction, as defined in paragraph
(a) of subdivision two of section 40.10 of the criminal procedure law,
and at least one of which resulted in a conviction of such offense, or
where the accusatory instrument charges one or more of such felonies,
conviction upon a plea of guilty to a felony for which such plea is
otherwise authorized by law; or
(c) a conviction of a person for a violation of section 220.09,
220.16, 220.34 or 220.39 of the penal law, [or a conviction of a crimi-
nal defendant for a violation of section 221.30 of the penal law,] or
where the accusatory instrument charges any such felony, conviction upon
a plea of guilty to a felony for which the plea is otherwise authorized
by law, together with evidence which: (i) provides substantial indicia
that the defendant used the real property to engage in a continual,
ongoing course of conduct involving the unlawful mixing, compounding,
manufacturing, warehousing, or packaging of controlled substances [or
where the conviction is for a violation of section 221.30 of the penal
law, marijuana,] as part of an illegal trade or business for gain; and
(ii) establishes, where the conviction is for possession of a controlled
substance [or where the conviction is for a violation of section 221.30
of the penal law, marijuana], that such possession was with the intent
to sell it.
[6. "Pre-conviction forfeiture crime" means only a felony defined in
article two hundred twenty or section 221.30 or 221.55 of the penal
law.]
9. "Criminal defendant" means a person who has criminal liability for
a crime defined in subdivisions five and six [hereof] OF THIS SECTION.
For purposes of this article, a person has criminal liability when [(a)]
he has been convicted of a post-conviction forfeiture crime[, or (b) the
claiming authority proves by clear and convincing evidence that such
person has committed an act in violation of article two hundred twenty
or section 221.30 or 221.55 of the penal law].
§ 43. Subdivision 3-a and paragraphs (a) and (b) of subdivision 11 of
section 1311 of the civil practice law and rules, subdivision 3-a as
added by chapter 655 of the laws of 1990 and paragraphs (a) and (b) of
subdivision 11 as amended by section 47 of part A-1 of chapter 56 of the
laws of 2010, are amended to read as follows:
3-a. Conviction of a person in a criminal action upon an accusatory
instrument which includes one or more of the felonies specified in
subdivision four-b of section thirteen hundred ten of this article, of
any felony other than such felonies, shall not preclude a defendant, in
any subsequent proceeding under this article where that conviction is at
issue, from adducing evidence that the conduct underlying the conviction
would not establish the elements of any of the felonies specified in
S. 3040 49
such subdivision other than the one to which the criminal defendant pled
guilty. If the defendant does adduce such evidence, the burden shall be
upon the claiming authority to prove, by clear and convincing evidence,
that the conduct underlying the criminal conviction would establish the
elements of the felony specified in such subdivision. Nothing contained
in this subdivision shall affect the validity of a settlement of any
forfeiture action negotiated between the claiming authority and a crimi-
nal defendant contemporaneously with the taking of a plea of guilty in a
criminal action to any felony defined in article two hundred twenty [or
section 221.30 or 221.55] of the penal law, or to a felony conspiracy to
commit the same.
(a) Any stipulation or settlement agreement between the parties to a
forfeiture action shall be filed with the clerk of the court in which
the forfeiture action is pending. No stipulation or settlement agreement
shall be accepted for filing unless it is accompanied by an affidavit
from the claiming authority that written notice of the stipulation or
settlement agreement, including the terms of such, has been given to the
office of victim services, the state division of criminal justice
services[, and in the case of a forfeiture based on a felony defined in
article two hundred twenty or section 221.30 or 221.55 of the penal law,
to the state division of substance abuse services].
(b) No judgment or order of forfeiture shall be accepted for filing
unless it is accompanied by an affidavit from the claiming authority
that written notice of judgment or order, including the terms of such,
has been given to the office of victim services, the state division of
criminal justice services[, and in the case of a forfeiture based on a
felony defined in article two hundred twenty or section 221.30 or 221.55
of the penal law, to the state division of substance abuse services].
§ 44. Subdivision 13 of section 89-f of the general business law, as
added by chapter 336 of the laws of 1992, is amended to read as follows:
13. "Serious offense" shall mean any felony involving the offenses
enumerated in the closing paragraph of this subdivision; a criminal
solicitation of or a conspiracy to commit or an attempt to commit or a
criminal facilitation of a felony involving the offenses enumerated in
the closing paragraph of this subdivision, which criminal solicitation,
conspiracy, attempt or criminal facilitation itself constitutes a felony
or any offense in any other jurisdiction which if committed in this
state would constitute a felony; any offense in any other jurisdiction
which if committed in this state would constitute a felony provided that
for the purposes of this article, none of the following shall be consid-
ered criminal convictions or reported as such: (i) a conviction for
which an executive pardon has been issued pursuant to the executive law;
(ii) a conviction which has been vacated and replaced by a youthful
offender finding pursuant to article seven hundred twenty of the crimi-
nal procedure law, or the applicable provisions of law of any other
jurisdiction; or (iii) a conviction the records of which have been
sealed pursuant to the applicable provisions of the laws of this state
or of any other jurisdiction; and (iv) a conviction for which other
evidence of successful rehabilitation to remove the disability has been
issued.
Felonies involving: assault, aggravated assault and reckless endanger-
ment pursuant to article one hundred twenty; vehicular manslaughter,
manslaughter and murder pursuant to article one hundred twenty-five; sex
offenses pursuant to article one hundred thirty; unlawful imprisonment,
kidnapping or coercion pursuant to article one hundred thirty-five;
criminal trespass and burglary pursuant to article one hundred forty;
S. 3040 50
criminal mischief, criminal tampering and tampering with a consumer
product pursuant to article one hundred forty-five; arson pursuant to
article one hundred fifty; larceny and offenses involving theft pursuant
to article one hundred fifty-five; offenses involving computers pursuant
to article one hundred fifty-six; robbery pursuant to article one
hundred sixty; criminal possession of stolen property pursuant to arti-
cle one hundred sixty-five; forgery and related offenses pursuant to
article one hundred seventy; involving false written statements pursuant
to article one hundred seventy-five; commercial bribing and commercial
bribe receiving pursuant to article one hundred eighty; criminal imper-
sonation and scheme to defraud pursuant to article one hundred ninety;
bribery involving public servants and related offenses pursuant to arti-
cle two hundred; perjury and related offenses pursuant to article two
hundred ten; tampering with a witness, intimidating a victim or witness
and tampering with physical evidence pursuant to article two hundred
fifteen; criminal possession of a controlled substance pursuant to
sections 220.06, 220.09, 220.16, 220.18 and 220.21; criminal sale of a
controlled substance pursuant to sections 220.31, 220.34, 220.39,
220.41, 220.43 and 220.44; criminal sale of [marijuana] MARIHUANA IN THE
FIRST DEGREE pursuant to [sections] SECTION 221.45[, 221.50 and 221.55];
riot in the first degree, aggravated harassment in the first degree,
criminal nuisance in the first degree and falsely reporting an incident
in the second or first degree pursuant to article two hundred forty; and
crimes against public safety pursuant to article two hundred sixty-five
of the penal law.
§ 45. Paragraph (f) of subdivision 2 of section 850 of the general
business law is REPEALED.
§ 46. Paragraph (h) of subdivision 2 of section 850 of the general
business law, as amended by chapter 812 of the laws of 1980, is amended
to read as follows:
(h) Objects, used or designed for the purpose of ingesting, inhaling,
or otherwise introducing [marihuana,] cocaine, hashish, or hashish oil
into the human body.
§ 47. Paragraph a of subdivision 4-a of section 165 of the state
finance law, as added by chapter 95 of the laws of 2000, is amended to
read as follows:
a. In order to advance specific economic goals, New York state
labelled wines, as defined in subdivision [twenty-a] TWENTY-J of section
three of the alcoholic beverage control law, shall have favored source
status for the purposes of procurement in accordance with the provisions
of this subdivision. Procurement of these New York state labelled wines
shall be exempt from the competitive procurement provisions of section
one hundred sixty-three of this article and other competitive procure-
ment statutes. Such exemption shall apply to New York state labelled
wines as defined in subdivision [twenty-a] TWENTY-J of section three of
the alcoholic beverage control law produced by a licensed winery as
defined in section seventy-six of the alcoholic beverage control law.
§ 48. Subdivision 7 of section 995 of the executive law, as amended by
chapter 19 of the laws of 2012, is amended to read as follows:
7. "Designated offender" means a person convicted of any felony
defined in any chapter of the laws of the state or any misdemeanor
defined in the penal law [except that where the person is convicted
under section 221.10 of the penal law, only a person convicted under
subdivision two of such section, or a person convicted under subdivision
one of such section who stands previously convicted of any crime as
defined in subdivision six of section 10.00 of the penal law].
S. 3040 51
§ 49. Paragraphs (b) and (c) of subdivision 7 of section 480.00 of the
penal law, paragraph (b) as amended by section 31 of part AAA of chapter
56 of the laws of 2009 and paragraph (c) as added by chapter 655 of the
laws of 1990, are amended to read as follows:
(b) three or more violations of any of the felonies defined in section
220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
220.43[,] OR 220.77[, or 221.55] of this chapter, which violations do
not constitute a single criminal offense as defined in subdivision one
of section 40.10 of the criminal procedure law, or a single criminal
transaction, as defined in paragraph (a) of subdivision two of section
40.10 of the criminal procedure law, and at least one of which resulted
in a conviction of such offense, or where the accusatory instrument
charges one or more of such felonies, conviction upon a plea of guilty
to a felony for which such plea is otherwise authorized by law; or
(c) a conviction of a person for a violation of section 220.09,
220.16, 220.34[,] OR 220.39[, or 221.30] of this chapter, or where the
accusatory instrument charges any such felony, conviction upon a plea of
guilty to a felony for which the plea is otherwise authorized by law,
together with evidence which: (i) provides substantial indicia that the
defendant used the real property to engage in a continual, ongoing
course of conduct involving the unlawful mixing, compounding, manufac-
turing, warehousing, or packaging of controlled substances [or where the
conviction is for a violation of section 221.30 of this chapter, mari-
juana] as part of an illegal trade or business for gain; and (ii) estab-
lishes, where the conviction is for possession of a controlled substance
[or where the conviction is for a violation of section 221.30 of this
chapter, marijuana], that such possession was with the intent to sell
it.
§ 50. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 368 of the laws of 2015, is
amended to read as follows:
(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16, 220.31, 220.34, 220.60, 220.65, [221.30, 221.50, 221.55,]
230.00, 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05,
235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of
section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
265.10, 265.12, 265.35 of the penal law or an attempt to commit any of
the aforesaid offenses under section 110.00 of the penal law, or any
similar offenses committed under a former section of the penal law, or
any offenses committed under a former section of the penal law which
would constitute violations of the aforesaid sections of the penal law,
or any offenses committed outside this state which would constitute
violations of the aforesaid sections of the penal law.
§ 51. Appropriation. The sum of five million dollars ($5,000,000) is
hereby appropriated to the New York State Liquor Authority out of any
moneys in the state treasury in the general fund to the credit of the
state purposes account, not otherwise appropriated, and made immediately
available, for the purpose of carrying out the provisions of this act.
Such moneys shall be payable on the audit and warrant of the comptroller
S. 3040 52
on vouchers certified or approved by the superintendent or the chairman
of the New York State Liquor Authority in the manner prescribed by law.
§ 52. Severability. If any provision or term of this act is for any
reason declared unconstitutional or invalid or ineffective by any court
of competent jurisdiction, such decision shall not affect the validity
of the effectiveness of the remaining portions of this act or any part
thereof.
§ 53. This act shall take effect immediately; provided, however that
the amendments to subdivision 12 of section 17 of the alcoholic beverage
control law made by section twenty-six of this act shall take effect on
the same date as the reversion of such section as provided in section 4
of chapter 118 of the laws of 2012, as amended.
co-Sponsors
(D) Senate District
(D) 36th Senate District
(D) 14th Senate District
(D) Senate District
(D) Senate District
(D, WF) 47th Senate District
(D) Senate District
(D, WF) 21st Senate District
(D, WF) Senate District
(D, WF) 33rd Senate District
(D, WF) 29th Senate District
2017-S3040A - Details
2017-S3040A - Summary
Enacts the "marihuana regulation and taxation act"; relates to the description of marihuana, and the growing of and use of marihuana by persons twenty-one years of age or older; makes technical changes regarding the definition of marihuana; relates to the qualification of certain offenses involving marihuana and exempts certain persons from prosecution for the use, consumption, display, production or distribution of marihuana
2017-S3040A - Sponsor Memo
BILL NUMBER: S3040A
TITLE OF BILL : An act to amend the public health law, in relation
to the description of marihuana, and the growing of and use of
marihuana by persons twenty-one years of age or older; to amend the
civil practice law and rules, in relation to removing certain
references to marihuana relating to forfeiture actions; to amend the
vehicle and traffic law, in relation to making technical changes
regarding the definition of marihuana; to amend the penal law, in
relation to the qualification of certain offenses involving marihuana
and to exempt certain persons from prosecution for the use,
consumption, display, production or distribution of marihuana; to
amend the alcoholic beverage control law, in relation to providing for
the licensure of persons authorized to produce, process and sell
marihuana; to amend the state finance law, in relation to establishing
the marihuana control fund and the marihuana revenue fund; to amend
the tax law, in relation to providing for the levying of an excise tax
on certain sales of marihuana; to amend the criminal procedure law,
the civil practice law and rules, the general business law, the state
finance law, the executive law, the penal law and the vehicle and
traffic law, in relation to making conforming changes; to repeal
sections 221.05, 221.10, 221.15, 221.20, 221.25, 221.30, 221.35 and
221.40 of the penal law relating to the criminal possession and sale
of marihuana; to repeal paragraph (f) of subdivision 2 of section 850
of the general business law relating to drug related paraphernalia;
and making an appropriation therefor
SUMMARY OF SPECIFIC PROVISIONS : Section one of the bill is the title. Section two of the bill is comprised of legislative findings and statements of purpose. Section three of the bill amends section 3302 of the Public Health Law to eliminate the definitions of Concentrated Cannabis and Marihuana from the controlled substances act. Section four of the bill amends section 3306 of the Public Health Law to remove the classification of marihuana as a schedule 1 hallucinogen on the schedules of controlled substances. Section five of the bill amends section 3382 of the Public Health Law to allow home cultivation of up to 6 marihuana plants by individuals twenty-one years or older. Section six of the bill amends section 1311 of the Civil Practice Law and Rules to exclude marihuana possession as grounds for a currency forfeiture action. Section seven of the bill amends section 3397-b of the public health law to make conforming changes in definition of marihuana. Section eight of the bill amends section 114a of the Vehicle and Traffic Law adding marihuana and concentrated cannabis to the definition of drug for purposes of driving under the influence. Section nine of the bill amends section 220.0 of the Penal Law to update the definition of marihuana and include a definition for concentrated cannabis as a controlled substance. Sections ten to twelve of the bill update cross references to amended sections of the penal law. Section thirteen of the bill amends section 220.50 of the Penal Law to exclude marihuana paraphernalia from criminal use of drug paraphernalia. Section fourteen of the bill repeals sections 221.05, 221.10, 221.15. 221. 20, 221.25, 221.30 and 221.40 related to illegal possession and sale of marihuana. Section fifteen of the bill adds new section 221.05 and 211.05-a to the Penal Law to establish conditions for legal personal use and cultivation of marihuana and penalties for violations of those conditions. Section sixteen of the bill amends section 221.45 of the Penal Law to define unlicensed sale of marihuana in the third degree. Section seventeen of the bill amends section 221.50 of the Penal Law bill to define unlicensed sale of marihuana in the second degree. Section eighteen of the bill amends section 221.55 of the Penal Law, to define unlicensed sale of marihuana in the first degrees. Section nineteen of the bill adds a new section 221.60 to the Penal Law establishing that those acting in compliance with the Alcohol Beverage Control Law are exempt from sections § 220 and § 221 of the New York Penal Law. Section twenty of the bill amends subdivision 8 of section 1399-n of the Public Health Law to include marihuana in list of substances subject to smoking regulations. Sections twenty-one of the bill amends section 2 of the Alcoholic Beverage Control Law to include regulation of marihuana products in the purpose of this chapter. Section twenty-two of the bill amends section 3 of the Alcoholic Beverage Control Law to include definitions of Concentrated Cannabis, Marihuana, and Marihuana consumers, processors, producer, products, infused products, retailer and retailer for on-premises consumption, and unreasonably impracticable. Section twenty-three of the bill amends section 65-b of the Alcoholic Beverage Control law to ban use of fraudulent documents for the purpose of purchasing marihuana products by persons under twenty-one years of age, and establishing procedures for sellers of marihuana products to prevent such sales. Section twenty-four of the bill amends section 65-c of the Alcoholic Beverage Control law to make possession of marihuana by those under twenty-one unlawful, and to establish penalties and requirements for completion of a drug awareness program for those who violate this section. Section twenty-five of the bill adds a new section 65-e to the Alcoholic Beverage Control law establishing restrictions for personal use of marihuana, including smoking in public or where smoking tobacco is banned, possessing, smoking or ingesting on school grounds, and smoking or ingesting while operating a motor vehicle, and establishing penalties for violations of this section. Section twenty-six of the bill amends section 140 of the Alcoholic Beverage Control Law to extend the option of any town or city to ban sale of alcoholic beverages to sales of marihuana. Section twenty-seven of the bill amends section 141 of the Alcoholic Beverage Control Law to apply the rules governing referendum procedures for banning sales of alcohol by towns to sales of marihuana. Section twenty-eight of the bill amends section 142 of the Alcoholic Beverage Control Law to establish that sale of marihuana is prohibited in any city that passes a referendum against such sales. Section twenty-nine of the bill amends section 147 of the Alcoholic Beverage Control Law to establish that if the rules regarding future referendums will also apply to marihuana sales. Section thirty of the bill renumbers article 11 of the Alcoholic Beverage Control Law as article 12 and sections 160, 161, 162, 163 and 164 as sections 200, 201, 202, 203 and 204. Section thirty-one of the bill adds a new Article 11 to the Alcoholic Beverage Control Law providing establishment of a bureau of marihuana policy to provide for the regulation of marihuana production, processing, testing, distribution and sale within the State Liquor Authority, establishing licensing and permitting rules, and providing for penalties for violations. Section thirty-two of the bill adds new sections 82 and 82-a to the State Finance law establishing the marihuana control fund and marihuana revenue fund Section thirty-three of the bill adds a new Article 18-A to the New York Tax Code imposing an excise tax on marihuana and concentrated cannabis, and establishing a formula for distribution of the proceeds of this tax. Proceeds from the tax will be placed in a fund established by the comptroller known as the marihuana revenue fund. Proceeds will be used to fund research, drug treatment, community grants in communities impacted by the drug war and education. Localities would also be authorized to impose a sales tax of up to two percent on retail sales. Section thirty-four of the bill amends subdivision 3 of section 160.50 of the criminal procedure law to update references to clearing of records in criminal actions terminated in favor of the accused. Section thirty-five of the bill amends subdivision 4 of section 160.50 of the criminal procedure law to update references to provide for persons to apply for sealing of records. Section thirty-six of the bill amends section 170.56 of the criminal procedure law providing for suspension of court proceedings and adjournment in contemplation of dismissal for exceptional circumstances in marihuana related violations. Section thirty-seven of the bill updates cross references in section 210.46 of the criminal procedure law. Section thirty-eight of the bill amends section 440.10 of the criminal procedure law to provide for vacating convictions based on marihuana possession in cases where the offense would no longer be a crime under this act. Section thirty-nine of the bill amends section 440.10 of the criminal procedure law to update cross references. Section forty of the bill amends section 440.46 of the criminal procedure law to provide for an application for resentencing for certain marihuana related offenses. Section forty-one through forty-four of the bill of the bill update cross references to amended sections of the penal law. Section forty-five and forty-six of the bill amend section 850 of the General Business Law to remove references to marihuana from prohibitions on the sale of drug paraphernalia. Section forty-seven of the bill update cross references in the state finance law to amended sections in the alcoholic beverage control law. Section forty-eight through fifty of the bill update cross references to amended sections of the penal law. Section fifty-one of the bill provides for an appropriation of five million dollars to the State Liquor Authority for implementation of this act. Section fifty-two is a severability clause. Section fifty-three of the bill is the effective date. JUSTIFICATION : Existing marihuana laws have not been beneficial to the welfare of the general public. Existing laws have been ineffective in reducing or curbing marihuana use and have instead resulted in devastating collateral consequences that inhibit an otherwise law-abiding citizen's ability to access housing, employment opportunities, and other vital services. Existing laws have also created an illicit market that represents a threat to public health and reduces the ability of the legislature to deter the accessing of marihuana by minors. Existing marihuana laws have also disproportionately impacted African-American and Latino communities and cost New York governments millions of dollars every year to enforce. The intent of this act is to regulate, control, and tax marihuana in a manner similar to alcohol, generate millions of dollars in new revenue, prevent access to marihuana by those under the age of twenty-one years, reduce the illegal drug market and reduce violent crime, reduce participation of otherwise law-abiding citizens in the illicit market, end the racially disparate impact of existing marihuana laws and create new industries and increase employment. The New York Police Department arrested 18,136 people for marijuana possession in 2016, a 9 percent increase from 2015. The enforcement of present law has disproportionately effected African-American and Latino communities; often giving first time, non-violent offenders, an extraneous criminal record. Government health surveys find that young whites use marihuana at higher rates than young blacks and Latinos. But in 2016, 95 percent of those charged with marijuana possession in New York City were African-American or Latino. Aside from mitigating these issues, the regulation and taxation act will also help accrue revenue for the state; portions of which will go back (through government agencies and programs) to communities that have been impacted by present law. PRIOR LEGISLATIVE HISTORY : New Bill FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : Increase revenue for state and local governments. Fiscal implication assumptions for similar legislation implemented in Colorado, Amendment 64, estimated an annual revenue increase of 5-22 million dollars and an annual spending increase of .5-1.5 million dollars. Given the larger population of New York State this legislation should generate revenue substantially larger than these estimates. EFFECTIVE DATE : Immediately.
2017-S3040A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3040--A
2017-2018 Regular Sessions
I N S E N A T E
January 19, 2017
___________
Introduced by Sens. KRUEGER, ALCANTARA, BAILEY, COMRIE, DILAN, HAMILTON,
HOYLMAN, MONTGOMERY, PARKER, PERALTA, RIVERA, SERRANO -- 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
AN ACT to amend the public health law, in relation to the description of
marihuana, and the growing of and use of marihuana by persons twenty-
one years of age or older; to amend the civil practice law and rules,
in relation to removing certain references to marihuana relating to
forfeiture actions; to amend the vehicle and traffic law, in relation
to making technical changes regarding the definition of marihuana; to
amend the penal law, in relation to the qualification of certain
offenses involving marihuana and to exempt certain persons from prose-
cution for the use, consumption, display, production or distribution
of marihuana; to amend the alcoholic beverage control law, in relation
to providing for the licensure of persons authorized to produce, proc-
ess and sell marihuana; to amend the state finance law, in relation to
establishing the marihuana control fund and the marihuana revenue
fund; to amend the tax law, in relation to providing for the levying
of an excise tax on certain sales of marihuana; to amend the criminal
procedure law, the civil practice law and rules, the general business
law, the state finance law, the executive law, the penal law and the
vehicle and traffic law, in relation to making conforming changes; to
repeal sections 221.05, 221.10, 221.15, 221.20, 221.25, 221.30, 221.35
and 221.40 of the penal law relating to the criminal possession and
sale of marihuana; to repeal paragraph (f) of subdivision 2 of section
850 of the general business law relating to drug related parapher-
nalia; and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05327-04-7
S. 3040--A 2
Section 1. This act shall be known and may be cited as the "marihuana
regulation and taxation act".
§ 2. Legislative findings and intent. The legislature finds that
existing marihuana laws have not been beneficial to the welfare of the
general public. Existing laws have been ineffective in reducing or curb-
ing marihuana use and have instead resulted in devastating collateral
consequences that inhibit an otherwise law-abiding citizen's ability to
access housing, employment opportunities, and other vital services.
Existing laws have also created an illicit market which represents a
threat to public health and reduces the ability of the legislature to
deter the accessing of marihuana by minors. Existing marihuana laws have
also disproportionately impacted African-American and Latino communi-
ties.
The intent of this act is to regulate, control, and tax marihuana in a
manner similar to alcohol, generate millions of dollars in new revenue,
prevent access to marihuana by those under the age of twenty-one years,
reduce the illegal drug market and reduce violent crime, reduce partic-
ipation of otherwise law-abiding citizens in the illicit market, end the
racially disparate impact of existing marihuana laws and create new
industries and increase employment.
Nothing in this act is intended to limit the authority of any district
government agency or office or employers to enact and enforce policies
pertaining to marihuana in the workplace, to allow driving under the
influence of marihuana, to allow individuals to engage in conduct that
endangers others, to allow smoking marihuana in any location where smok-
ing tobacco is prohibited, or to require any individual to engage in any
conduct that violates federal law or to exempt anyone from any require-
ment of federal law or pose any obstacle to the federal enforcement of
federal law.
Nothing in this act is intended to limit any privileges or rights of a
medical marihuana patient or medical marihuana caregiver under the New
York Compassionate Care Act.
§ 3. Section 3302 of the public health law, as added by chapter 878 of
the laws of 1972, subdivisions 1, 14, 16, 17 and 27 as amended and
subdivisions 4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19, 20, 21, 22, 23, 24,
25, 26, 28, 29 and 30 as renumbered by chapter 537 of the laws of 1998,
subdivisions 9 and 10 as amended and subdivisions 34, 35, 36, 37, 38, 39
and 40 as added by chapter 178 of the laws of 2010, paragraph (a) of
subdivision 20, the opening paragraph of subdivision 22 and subdivision
29 as amended by chapter 163 of the laws of 1973, subdivision 31 as
amended by section 4 of part A of chapter 58 of the laws of 2004, subdi-
vision 41 as added by section 6 of part A of chapter 447 of the laws of
2012, and subdivisions 42 and 43 as added by section 13 of part D of
chapter 60 of the laws of 2014, is amended to read as follows:
§ 3302. Definitions of terms of general use in this article. Except
where different meanings are expressly specified in subsequent
provisions of this article, the following terms have the following mean-
ings:
1. "Addict" means a person who habitually uses a controlled substance
for a non-legitimate or unlawful use, and who by reason of such use is
dependent thereon.
2. "Administer" means the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject.
3. "Agent" means an authorized person who acts on behalf of or at the
direction of a manufacturer, distributor, or dispenser. No person may be
S. 3040--A 3
authorized to so act if under title VIII of the education law such
person would not be permitted to engage in such conduct. It does not
include a common or contract carrier, public warehouseman, or employee
of the carrier or warehouseman when acting in the usual and lawful
course of the carrier's or warehouseman's business.
4. ["Concentrated Cannabis" means
(a) the separated resin, whether crude or purified, obtained from a
plant of the genus Cannabis; or
(b) a material, preparation, mixture, compound or other substance
which contains more than two and one-half percent by weight of delta-9
tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering
system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
terpene numbering system.
5.] "Controlled substance" means a substance or substances listed in
section thirty-three hundred six of this [chapter] TITLE.
[6.] 5. "Commissioner" means commissioner of health of the state of
New York.
[7.] 6. "Deliver" or "delivery" means the actual, constructive or
attempted transfer from one person to another of a controlled substance,
whether or not there is an agency relationship.
[8.] 7. "Department" means the department of health of the state of
New York.
[9.] 8. "Dispense" means to deliver a controlled substance to an ulti-
mate user or research subject by lawful means, including by means of the
internet, and includes the packaging, labeling, or compounding necessary
to prepare the substance for such delivery.
[10.] 9. "Distribute" means to deliver a controlled substance, includ-
ing by means of the internet, other than by administering or dispensing.
[11.] 10. "Distributor" means a person who distributes a controlled
substance.
[12.] 11. "Diversion" means manufacture, possession, delivery or use
of a controlled substance by a person or in a manner not specifically
authorized by law.
[13.] 12. "Drug" means
(a) substances recognized as drugs in the official United States Phar-
macopoeia, official Homeopathic Pharmacopoeia of the United States, or
official National Formulary, or any supplement to any of them;
(b) substances intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; and
(c) substances (other than food) intended to affect the structure or a
function of the body of man or animal. It does not include devices or
their components, parts, or accessories.
[14.] 13. "Federal agency" means the Drug Enforcement Administration,
United States Department of Justice, or its successor agency.
[15.] 14. "Federal controlled substances act" means the Comprehensive
Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, and
any act or acts amendatory or supplemental thereto or regulations
promulgated thereunder.
[16.] 15. "Federal registration number" means such number assigned by
the Federal agency to any person authorized to manufacture, distribute,
sell, dispense or administer controlled substances.
[17.] 16. "Habitual user" means any person who is, or by reason of
repeated use of any controlled substance for non-legitimate or unlawful
use is in danger of becoming, dependent upon such substance.
[18.] 17. "Institutional dispenser" means a hospital, veterinary
hospital, clinic, dispensary, maternity home, nursing home, mental
S. 3040--A 4
hospital or similar facility approved and certified by the department as
authorized to obtain controlled substances by distribution and to
dispense and administer such substances pursuant to the order of a prac-
titioner.
[19.] 18. "License" means a written authorization issued by the
department or the New York state department of education permitting
persons to engage in a specified activity with respect to controlled
substances.
[20.] 19. "Manufacture" means the production, preparation, propa-
gation, compounding, cultivation, conversion or processing of a
controlled substance, either directly or indirectly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and
includes any packaging or repackaging of the substance or labeling or
relabeling of its container, except that this term does not include the
preparation, compounding, packaging or labeling of a controlled
substance:
(a) by a practitioner as an incident to his administering or dispens-
ing of a controlled substance in the course of his professional prac-
tice; or
(b) by a practitioner, or by his authorized agent under his super-
vision, for the purpose of, or as an incident to, research, teaching, or
chemical analysis and not for sale; or
(c) by a pharmacist as an incident to his dispensing of a controlled
substance in the course of his professional practice.
[21. "Marihuana" means all parts of the plant of the genus Cannabis,
whether growing or not; the seeds thereof; the resin extracted from any
part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin. It does not
include the mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound, manu-
facture, salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the
sterilized seed of the plant which is incapable of germination.
22.] 20. "Narcotic drug" means any of the following, whether produced
directly or indirectly by extraction from substances of vegetable
origin, or independently by means of chemical synthesis, or by a combi-
nation of extraction and chemical synthesis:
(a) opium and opiate, and any salt, compound, derivative, or prepara-
tion of opium or opiate;
(b) any salt, compound, isomer, derivative, or preparation thereof
which is chemically equivalent or identical with any of the substances
referred to in [subdivision] PARAGRAPH (a) OF THIS SUBDIVISION, but not
including the isoquinoline alkaloids of opium;
(c) opium poppy and poppy straw.
[23.] 21. "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining
liability. It does not include, unless specifically designated as
controlled under section [3306] THIRTY-THREE HUNDRED SIX of this [arti-
cle] TITLE, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and
its salts (dextromethorphan). It does include its racemic and levorota-
tory forms.
[24.] 22. "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
S. 3040--A 5
[25.] 23. "Person" means individual, institution, corporation, govern-
ment or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other legal entity.
[26.] 24. "Pharmacist" means any person licensed by the state depart-
ment of education to practice pharmacy.
[27.] 25. "Pharmacy" means any place registered as such by the New
York state board of pharmacy and registered with the Federal agency
pursuant to the federal controlled substances act.
[28.] 26. "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.
[29.] 27. "Practitioner" means:
A physician, dentist, podiatrist, veterinarian, scientific investi-
gator, or other person licensed, or otherwise permitted to dispense,
administer or conduct research with respect to a controlled substance in
the course of a licensed professional practice or research licensed
pursuant to this article. Such person shall be deemed a "practitioner"
only as to such substances, or conduct relating to such substances, as
is permitted by his license, permit or otherwise permitted by law.
[30.] 28. "Prescribe" means a direction or authorization, by
prescription, permitting an ultimate user lawfully to obtain controlled
substances from any person authorized by law to dispense such
substances.
[31.] 29. "Prescription" shall mean an official New York state
prescription, an electronic prescription, an oral prescription[,] OR an
out-of-state prescription[, or any one].
[32.] 30. "Sell" means to sell, exchange, give or dispose of to anoth-
er, or offer or agree to do the same.
[33.] 31. "Ultimate user" means a person who lawfully obtains and
possesses a controlled substance for his own use or the use by a member
of his household or for an animal owned by him or in his custody. It
shall also mean and include a person designated, by a practitioner on a
prescription, to obtain such substance on behalf of the patient for whom
such substance is intended.
[34.] 32. "Internet" means collectively computer and telecommuni-
cations facilities which comprise the worldwide network of networks that
employ a set of industry standards and protocols, or any predecessor or
successor protocol to such protocol, to exchange information of all
kinds. "Internet," as used in this article, also includes other
networks, whether private or public, used to transmit information by
electronic means.
[35.] 33. "By means of the internet" means any sale, delivery,
distribution, or dispensing of a controlled substance that uses the
internet, is initiated by use of the internet or causes the internet to
be used.
[36.] 34. "Online dispenser" means a practitioner, pharmacy, or person
in the United States that sells, delivers or dispenses, or offers to
sell, deliver, or dispense, a controlled substance by means of the
internet.
[37.] 35. "Electronic prescription" means a prescription issued with
an electronic signature and transmitted by electronic means in accord-
ance with regulations of the commissioner and the commissioner of educa-
tion and consistent with federal requirements. A prescription generated
on an electronic system that is printed out or transmitted via facsimile
is not considered an electronic prescription and must be manually
signed.
S. 3040--A 6
[38.] 36. "Electronic" means of or relating to technology having elec-
trical, digital, magnetic, wireless, optical, electromagnetic or similar
capabilities. "Electronic" shall not include facsimile.
[39.] 37. "Electronic record" means a paperless record that is
created, generated, transmitted, communicated, received or stored by
means of electronic equipment and includes the preservation, retrieval,
use and disposition in accordance with regulations of the commissioner
and the commissioner of education and in compliance with federal law and
regulations.
[40.] 38. "Electronic signature" means an electronic sound, symbol, or
process, attached to or logically associated with an electronic record
and executed or adopted by a person with the intent to sign the record,
in accordance with regulations of the commissioner and the commissioner
of education.
[41.] 39. "Registry" or "prescription monitoring program registry"
means the prescription monitoring program registry established pursuant
to section thirty-three hundred forty-three-a of this article.
[42.] 40. "Compounding" means the combining, admixing, mixing, dilut-
ing, pooling, reconstituting, or otherwise altering of a drug or bulk
drug substance to create a drug with respect to an outsourcing facility
under section 503B of the federal Food, Drug and Cosmetic Act and
further defined in this section.
[43.] 41. "Outsourcing facility" means a facility that:
(a) is engaged in the compounding of sterile drugs as defined in
section sixty-eight hundred two of the education law;
(b) is currently registered as an outsourcing facility pursuant to
article one hundred thirty-seven of the education law; and
(c) complies with all applicable requirements of federal and state
law, including the Federal Food, Drug and Cosmetic Act.
Notwithstanding any other provision of law to the contrary, when an
outsourcing facility distributes or dispenses any drug to any person
pursuant to a prescription, such outsourcing facility shall be deemed to
be providing pharmacy services and shall be subject to all laws, rules
and regulations governing pharmacies and pharmacy services.
§ 4. Paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28, 29, 30, 31 and 32 of subdivision (d) of schedule I of
section 3306 of the public health law, paragraphs 13, 14, 15, 16, 17,
18, 19, 20, 21, 22, 23 and 24 as added by chapter 664 of the laws of
1985, paragraphs 25, 26, 27, 28, 29 and 30 as added by chapter 589 of
the laws of 1996 and paragraphs 31 and 32 as added by chapter 457 of the
laws of 2006, are amended to read as follows:
(13) [Marihuana.
(14)] Mescaline.
[(15)] (14) Parahexyl. Some trade or other names: 3-Hexyl-1-hydroxy-
7,8,9,10-tetra hydro-6,6,9-trimethyl-6H-dibenfo{b,d} pyran.
[(16)] (15) Peyote. Meaning all parts of the plant presently classi-
fied botanically as Lophophora williamsii Lemaire, whether growing or
not, the seeds thereof, any extract from any part of such plant, and
every compound, manufacture, salts, derivative, mixture, or preparation
of such plant, its seeds or extracts.
[(17)] (16) N-ethyl-3-piperidyl benzilate.
[(18)] (17) N-methyl-3-piperidyl benzilate.
[(19)] (18) Psilocybin.
[(20)] (19) Psilocyn.
[(21)] (20) Tetrahydrocannabinols. Synthetic TETRAHYDROCANNABINOLS NOT
DERIVED FROM THE CANNABIS PLANT THAT ARE equivalents of the substances
S. 3040--A 7
contained in the plant, or in the resinous extractives of cannabis, sp.
and/or synthetic substances, derivatives, and their isomers with similar
chemical structure and pharmacological activity such as the following:
DELTA 1 cis or trans tetrahydrocannabinol, and their optical isomers
DELTA 6 cis or trans tetrahydrocannabinol, and their optical isomers
DELTA 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers
(since nomenclature of these substances is not internationally standard-
ized, compounds of these structures, regardless of numerical designation
of atomic positions covered).
[(22)] (21) Ethylamine analog of phencyclidine. Some trade or other
names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethyla-
mine, N-(1-phenylcyclohexyl) ethylamine cyclohexamine, PCE.
[(23)] (22) Pyrrolidine analog of phencyclidine. Some trade or other
names 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy, PHP.
[(24)] (23) Thiophene analog of phencyclidine. Some trade or other
names: 1-{1-(2-thienyl)-cyclohexyl}-piperidine, 2-thienylanalog of
phencyclidine, TPCP, TCP.
[(25)] (24) 3,4-methylenedioxymethamphetamine (MDMA).
[(26)] (25) 3,4-methylendioxy-N-ethylamphetamine (also known as
N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA,
MDE, MDEA.
[(27)] (26) N-hydroxy-3,4-methylenedioxyamphetamine (also known as
N-hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and
N-hydroxy MDA.
[(28)] (27) 1-{1- (2-thienyl) cyclohexyl} pyrrolidine. Some other
names: TCPY.
[(29)] (28) Alpha-ethyltryptamine. Some trade or other names:
etryptamine; Monase; Alpha-ethyl-1H-indole-3-ethanamine;
3- (2-aminobutyl) indole; Alpha-ET or AET.
[(30)] (29) 2,5-dimethoxy-4-ethylamphetamine. Some trade or other
names: DOET.
[(31)] (30) 4-Bromo-2,5-dimethoxyphenethylamine. Some trade or other
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl
DOB; 2C-B, Nexus.
[(32)] (31) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its
optical isomers, salts and salts of isomers.
§ 5. Section 3382 of the public health law, as added by chapter 878 of
the laws of 1972, is amended to read as follows:
§ 3382. Growing of the plant known as Cannabis by unlicensed persons.
A person who, without being licensed so to do under this article, grows
the plant of the genus Cannabis or knowingly allows it to grow on his
land without destroying the same, shall be guilty of a class A
misdemeanor, UNLESS THE PERSON GROWS IN ACCORDANCE WITH SECTIONS 221.05
AND 221.05-A OF THE PENAL LAW.
§ 6. Paragraph (d) of subdivision 3 of section 1311 of the civil
practice law and rules, as added by chapter 655 of the laws of 1990, is
amended to read as follows:
(d) In a forfeiture action commenced by a claiming authority against a
defendant, the following rebuttable presumption shall apply: all
currency or negotiable instruments payable to the bearer shall be
presumed to be the proceeds of a pre-conviction forfeiture crime when
such currency or negotiable instruments are (i) found in close proximity
to a controlled substance unlawfully possessed by the defendant in an
amount sufficient to constitute a violation of section 220.18 or 220.21
of the penal law, or (ii) found in close proximity to any quantity of a
controlled substance [or marihuana] unlawfully possessed by such
S. 3040--A 8
defendant in a room, other than a public place, under circumstances
evincing an intent to unlawfully mix, compound, distribute, package or
otherwise prepare for sale such controlled substance [or marihuana].
§ 7. Subdivision 1 of section 3397-b of the public health law, as
added by chapter 810 of the laws of 1980, is amended to read as follows:
1. ["Marijuana"] "MARIHUANA" means [marijuana] MARIHUANA as defined in
[section thirty-three hundred two of this chapter] SUBDIVISION SIX OF
SECTION 220.00 OF THE PENAL LAW and shall also include tetrahydrocanna-
binols or a chemical derivative of tetrahydrocannabinol.
§ 8. Section 114-a of the vehicle and traffic law, as added by chapter
163 of the laws of 1973, is amended to read as follows:
§ 114-a. Drug. The term "drug" when used in this chapter, means and
includes any substance listed in section thirty-three hundred six of the
public health law AND MARIHUANA AND CONCENTRATED CANNABIS AS DEFINED IN
SECTION 220.00 OF THE PENAL LAW.
§ 9. Subdivisions 5, 6 and 9 of section 220.00 of the penal law,
subdivision 5 as amended by chapter 537 of the laws of 1998, subdivision
6 as amended by chapter 1051 of the laws of 1973 and subdivision 9 as
amended by chapter 664 of the laws of 1985, are amended and two new
subdivisions 21 and 22 are added to read as follows:
5. "Controlled substance" means any substance listed in schedule I,
II, III, IV or V of section thirty-three hundred six of the public
health law other than marihuana, but including concentrated cannabis as
defined in [paragraph (a) of subdivision four of section thirty-three
hundred two of such law] SUBDIVISION TWENTY-ONE OF THIS SECTION.
6. "Marihuana" means ["marihuana" or "concentrated cannabis" as those
terms are defined in section thirty-three hundred two of the public
health law] ALL PARTS OF THE PLANT OF THE GENUS CANNABIS, WHETHER GROW-
ING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY PART OF THE
PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR
PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT INCLUDE THE
MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS, OIL OR CAKE
MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANUFACTURE, SALT,
DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS (EXCEPT THE
RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE STERILIZED SEED
OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES NOT INCLUDE ALL
PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING OR NOT, HAVING NO
MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNABINOL (THC).
9. "Hallucinogen" means any controlled substance listed in [schedule
I(d)] PARAGRAPHS (5), [(18), (19), (20), (21) and (22)] (17), (18),
(19), (20) AND (21) OF SUBDIVISION (D) OF SCHEDULE I OF SECTION THIRTY-
THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
21. "CONCENTRATED CANNABIS" MEANS:
(A) THE SEPARATED RESIN, WHETHER CRUDE OR PURIFIED, OBTAINED FROM A
PLANT OF THE GENUS CANNABIS; OR
(B) A MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE
WHICH CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDRO-
CANNABINOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR
DELTA-1 TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE
NUMBERING SYSTEM.
22. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS CONTAINING CONCENTRATED MARIHUANA OR CANNABIS
AND OTHER INGREDIENTS.
§ 10. Subdivision 4 of section 220.06 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
S. 3040--A 9
4. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in [paragraph (a) of subdi-
vision four of section thirty-three hundred two of the public health
law] SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE and said
preparations, compounds, mixtures or substances are of an aggregate
weight of one-fourth ounce or more; or
§ 11. Subdivision 10 of section 220.09 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
10. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in [paragraph (a) of subdi-
vision four of section thirty-three hundred two of the public health
law] SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE and said
preparations, compounds, mixtures or substances are of an aggregate
weight of one ounce or more; or
§ 12. Subdivision 3 of section 220.34 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
3. concentrated cannabis as defined in [paragraph (a) of subdivision
four of section thirty-three hundred two of the public health law]
SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE; or
§ 13. Section 220.50 of the penal law, as amended by chapter 627 of
the laws of 1990, is amended to read as follows:
§ 220.50 Criminally using drug paraphernalia in the second degree.
A person is guilty of criminally using drug paraphernalia in the
second degree when he knowingly possesses or sells:
1. Diluents, dilutants or adulterants, including but not limited to,
any of the following: quinine hydrochloride, mannitol, mannite, lactose
or dextrose, adapted for the dilution of narcotic drugs or stimulants
under circumstances evincing an intent to use, or under circumstances
evincing knowledge that some person intends to use, the same for
purposes of unlawfully mixing, compounding, or otherwise preparing any
narcotic drug or stimulant, OTHER THAN MARIHUANA OR CONCENTRATED CANNA-
BIS; or
2. Gelatine capsules, glassine envelopes, vials, capsules or any other
material suitable for the packaging of individual quantities of narcotic
drugs or stimulants under circumstances evincing an intent to use, or
under circumstances evincing knowledge that some person intends to use,
the same for the purpose of unlawfully manufacturing, packaging or
dispensing of any narcotic drug or stimulant, OTHER THAN MARIHUANA OR
CONCENTRATED CANNABIS; or
3. Scales and balances used or designed for the purpose of weighing or
measuring controlled substances, under circumstances evincing an intent
to use, or under circumstances evincing knowledge that some person
intends to use, the same for purpose of unlawfully manufacturing, pack-
aging or dispensing of any narcotic drug or stimulant, OTHER THAN MARI-
HUANA OR CONCENTRATED CANNABIS.
Criminally using drug paraphernalia in the second degree is a class A
misdemeanor.
§ 14. Sections 221.05, 221.10, 221.15, 221.20, 221.25, 221.30, 221.35
and 221.40 of the penal law are REPEALED.
§ 15. The penal law is amended by adding two new sections 221.05 and
221.05-a to read as follows:
§ 221.05 PERSONAL USE OF MARIHUANA.
1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE FOLLOWING
ACTS ARE LAWFUL UNDER STATE AND LOCAL LAW FOR PERSONS TWENTY-ONE YEARS
OF AGE AND OLDER:
S. 3040--A 10
(A) POSSESSING, USING, BEING UNDER THE INFLUENCE, DISPLAYING, PURCHAS-
ING, OBTAINING, OR TRANSPORTING UP TO TWO POUNDS OF MARIHUANA AND FOUR
AND ONE-HALF OUNCES OF CONCENTRATED CANNABIS;
(B) TRANSFERRING, WITHOUT REMUNERATION, TO A PERSON TWENTY-ONE YEARS
OF AGE AND OLDER UP TO TWO POUNDS OF MARIHUANA AND FOUR AND ONE-HALF
OUNCES OF CONCENTRATED CANNABIS;
(C) POSSESSING, PLANTING, CULTIVATING, HARVESTING, DRYING, PROCESSING
OR TRANSPORTING NOT MORE THAN SIX LIVING MARIHUANA PLANTS AND POSSESSING
THE MARIHUANA PRODUCED BY THE PLANTS;
(D) SMOKING, INGESTING OR OTHERWISE CONSUMING MARIHUANA PRODUCTS;
(E) POSSESSING, USING, DISPLAYING, PURCHASING, OBTAINING, MANUFACTUR-
ING, TRANSPORTING OR GIVING AWAY TO PERSONS TWENTY-ONE YEARS OF AGE AND
OLDER MARIHUANA PARAPHERNALIA; AND
(F) ASSISTING ANOTHER PERSON WHO IS TWENTY-ONE YEARS OF AGE AND OLDER
OR ALLOW PROPERTY TO BE USED IN ANY OF THE ACTS DESCRIBED IN PARAGRAPHS
(A) THROUGH (E) OF THIS SUBDIVISION.
2. PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION IS INTENDED TO
MEET THE REQUIREMENTS OF SUBSECTION (F) OF SECTION 863 OF TITLE TWENTY-
ONE OF THE UNITED STATES CODE (21 U.S.C. § 863 (F)) BY AUTHORIZING,
UNDER STATE LAW, ANY PERSON IN COMPLIANCE WITH THIS SECTION TO MANUFAC-
TURE, POSSESS, OR DISTRIBUTE MARIHUANA PARAPHERNALIA.
3. MARIHUANA PRODUCTS INVOLVED IN ANY WAY WITH CONDUCT DEEMED LAWFUL
BY THIS SECTION ARE NOT CONTRABAND NOR SUBJECT TO SEIZURE OR FORFEITURE
OF ASSETS UNDER ARTICLE FOUR HUNDRED EIGHTY OF THIS CHAPTER, SECTION
THIRTEEN HUNDRED ELEVEN OF THE CIVIL PRACTICE LAW AND RULES, OR OTHER
APPLICABLE LAW, AND NO CONDUCT DEEMED LAWFUL BY THIS SECTION SHALL
CONSTITUTE THE BASIS FOR APPROACH, SEARCH, SEIZURE, ARREST, AND/OR
DETENTION.
4. (A) EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, NONE OF
THE FOLLOWING SHALL, INDIVIDUALLY OR IN COMBINATION WITH EACH OTHER,
CONSTITUTE REASONABLE SUSPICION OF A CRIME OR BE USED AS EVIDENCE IN ANY
CRIMINAL PROCEEDING:
(1) THE ODOR OF MARIHUANA OR OF BURNT MARIHUANA;
(2) THE POSSESSION OF OR THE SUSPICION OF POSSESSION OF MARIHUANA
PRODUCTS;
(3) THE POSSESSION OF MULTIPLE CONTAINERS OF MARIHUANA WITHOUT
EVIDENCE OF MARIHUANA QUANTITY IN EXCESS OF SIXTEEN OUNCES OR CONCEN-
TRATED CANNABIS QUANTITY IN EXCESS OF FOUR AND ONE-HALF OUNCES; OR
(4) THE PRESENCE OF CASH OR CURRENCY CANNOT BE USED AS EVIDENCE IN ANY
CASES INVOLVING CRIMINAL SALE OF MARIHUANA.
(B) THE POSSESSION OF UP TO TWO OUNCES OF MARIHUANA AND UP TO SIXTEEN
OUNCES OF MARIHUANA PRODUCTS CANNOT BE USED AS EVIDENCE IN ANY CASES
INVOLVING CRIMINAL SALE OF MARIHUANA.
5. SUBDIVISION FOUR OF THIS SECTION SHALL NOT APPLY WHEN A LAW
ENFORCEMENT OFFICER IS INVESTIGATING WHETHER A PERSON IS OPERATING OR IN
PHYSICAL CONTROL OF A VEHICLE OR WATERCRAFT WHILE INTOXICATED, UNDER THE
INFLUENCE OF, OR IMPAIRED BY ALCOHOL OR A DRUG OR ANY COMBINATION THERE-
OF IN VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
TRAFFIC LAW.
6. POSSESSION OF GREATER THAN TWO POUNDS OF MARIHUANA AND GREATER THAN
FOUR AND ONE-HALF OUNCES OF CONCENTRATED CANNABIS IS A VIOLATION PUNISH-
ABLE BY A FINE OF NOT MORE THAN ONE HUNDRED TWENTY-FIVE DOLLARS PER
OFFENSE.
§ 221.05-A PERSONAL CULTIVATION OF MARIHUANA.
S. 3040--A 11
1. PERSONAL CULTIVATION OF MARIHUANA UNDER PARAGRAPH (C) OF SUBDIVI-
SION ONE OF SECTION 221.05 OF THIS ARTICLE IS SUBJECT TO THE FOLLOWING
RESTRICTIONS:
(A) A PERSON SHALL PLANT, CULTIVATE, HARVEST, DRY, OR PROCESS PLANTS
IN ACCORDANCE WITH LOCAL ORDINANCES, IF ANY, ADOPTED IN ACCORDANCE WITH
SUBDIVISION (2) OF THIS SECTION;
(B) THE LIVING PLANTS AND ANY MARIHUANA PRODUCED BY THE PLANTS IN
EXCESS OF TWO POUNDS ARE KEPT WITHIN THE PERSON'S PRIVATE RESIDENCE, OR
UPON THE GROUNDS OF THAT PRIVATE RESIDENCE (E.G., IN AN OUTDOOR GARDEN
AREA), ARE IN A LOCKED SPACE, AND ARE NOT VISIBLE BY NORMAL UNAIDED
VISION FROM A PUBLIC PLACE; AND
(C) NOT MORE THAN SIX LIVING PLANTS MAY BE PLANTED, CULTIVATED,
HARVESTED, DRIED, OR PROCESSED WITHIN A SINGLE PRIVATE RESIDENCE, OR
UPON THE GROUNDS OF THAT PRIVATE RESIDENCE, AT ONE TIME.
2. (A) A LOCAL JURISDICTION MAY ENACT AND ENFORCE REASONABLE REGU-
LATIONS TO REASONABLY REGULATE THE ACTIONS AND CONDUCT IN PARAGRAPH (C)
OF SUBDIVISION ONE OF SECTION 221.05 OF THIS ARTICLE, PROVIDED THAT A
VIOLATION OF SUCH A REGULATION IS ONLY SUBJECT TO AN INFRACTION AND
FINE.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NO LOCAL JURIS-
DICTION MAY COMPLETELY PROHIBIT PERSONS ENGAGING IN THE ACTIONS AND
CONDUCT UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 221.05 OF THIS
ARTICLE.
3. A VIOLATION OF SUBDIVISION ONE OR TWO OF THIS SECTION IS A
VIOLATION PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED TWENTY-FIVE
DOLLARS PER OFFENSE.
§ 16. Section 221.45 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
§ 221.45 [Criminal] UNLICENSED sale of marihuana in the third degree.
A person is guilty of [criminal] UNLICENSED sale of marihuana in the
third degree when he knowingly and unlawfully sells [one or more prepa-
rations, compounds, mixtures or substances containing marihuana and the
preparations, compounds, mixtures or substances are of an aggregate
weight of more than twenty-five grams] NOT MORE THAN SIXTEEN OUNCES OF
MARIHUANA OR NOT MORE THAN FOUR AND ONE-HALF OUNCES OF CONCENTRATED
CANNABIS, NOT INCLUDING THE WEIGHT OF ANY OTHER INGREDIENT COMBINED WITH
MARIHUANA TO PREPARE TOPICAL OR ORAL ADMINISTRATIONS, FOOD, DRINK, OR
OTHER PRODUCT.
[Criminal] UNLICENSED sale of marihuana in the third degree is [a
class E felony] SUBJECT TO THE FOLLOWING:
1. A VIOLATION PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED TWEN-
TY-FIVE DOLLARS, FOR A FIRST OFFENSE;
2. A VIOLATION PUBLISHABLE BY A FINE OF NOT MORE THAN TWO HUNDRED
FIFTY DOLLARS FOR A SECOND OFFENSE;
3. A CLASS B MISDEMEANOR AND A FINE OF NOT MORE THAN FIVE HUNDRED
DOLLARS FOR A THIRD OR SUBSEQUENT OFFENSE.
§ 17. Section 221.50 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
§ 221.50 [Criminal] UNLICENSED sale of marihuana in the second degree.
A person TWENTY-ONE YEARS OF AGE AND OLDER is guilty of [criminal]
UNLICENSED sale of marihuana in the second degree when he knowingly and
unlawfully sells one or more preparations, compounds, mixtures or
substances containing marihuana and the preparations, compounds,
mixtures or substances are of an aggregate weight of more than four
S. 3040--A 12
ounces, or knowingly and unlawfully sells one or more preparations,
compounds, mixtures [or substances containing marihuana] to a person
less than [eighteen] TWENTY-ONE years of age.
[Criminal] UNLICENSED sale of marihuana in the second degree is a
class [D] E felony.
§ 18. Section 221.55 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
§ 221.55 [Criminal] UNLICENSED sale of marihuana in the first degree.
A person is guilty of [criminal] UNLICENSED sale of marihuana in the
first degree when he knowingly and unlawfully sells TO A PERSON LESS
THAN TWENTY-ONE YEARS OF AGE one or more preparations, compounds,
mixtures or substances containing marihuana and the preparations,
compounds, mixtures or substances are of an aggregate weight of more
than sixteen ounces.
[Criminal] UNLICENSED sale of marihuana in the first degree is a class
[C] E felony.
§ 19. The penal law is amended by adding a new section 221.60 to read
as follows:
§ 221.60 LICENSING OF MARIHUANA PRODUCTION AND DISTRIBUTION.
THE PROVISIONS OF THIS ARTICLE AND OF ARTICLE TWO HUNDRED TWENTY OF
THIS TITLE SHALL NOT APPLY TO ANY PERSON EXEMPTED FROM CRIMINAL PENAL-
TIES PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR POSSESSING, MANUFAC-
TURING, TRANSPORTING, DISTRIBUTING, SELLING OR TRANSFERRING MARIHUANA OR
CONCENTRATED CANNABIS, OR ENGAGED IN ANY OTHER ACTION THAT IS IN COMPLI-
ANCE WITH ARTICLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
§ 20. Subdivision 8 of section 1399-n of the public health law, as
amended by chapter 13 of the laws of 2003, is amended to read as
follows:
8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains tobacco OR MARIHUANA;
PROVIDED THAT IT DOES NOT INCLUDE THE USE OF AN ELECTRONIC SMOKING
DEVICE THAT CREATES AN AEROSOL OR VAPOR, UNLESS LOCAL OR STATE STATUTES
EXTEND PROHIBITIONS ON SMOKING TO ELECTRONIC SMOKING DEVICES.
§ 21. Section 2 of the alcoholic beverage control law, as amended by
chapter 406 of the laws of 2014, is amended to read as follows:
§ 2. Policy of state and purpose of chapter. It is hereby declared as
the policy of the state that it is necessary to regulate and control the
manufacture, sale and distribution within the state of alcoholic bever-
ages AND MARIHUANA PRODUCTS for the purpose of fostering and promoting
temperance in their consumption and respect for and obedience to law;
for the primary purpose of promoting the health, welfare and safety of
the people of the state, promoting temperance in the consumption of
alcoholic beverages AND MARIHUANA PRODUCTS; and, to the extent possible,
supporting economic growth, job development, and the state's alcoholic
beverage production industries and its tourism and recreation industry;
and which promotes the conservation and enhancement of state agricul-
tural lands; provided that such activities do not conflict with the
primary regulatory objectives of this chapter. It is hereby declared
that such policies will best be carried out by empowering the liquor
authority of the state to determine whether public convenience and
advantage will be promoted by the issuance of licenses to traffic in
alcoholic beverages AND MARIHUANA PRODUCTS, the increase or decrease in
the number thereof and the location of premises licensed thereby,
subject only to the right of judicial review provided for in this chap-
S. 3040--A 13
ter. It is the purpose of this chapter to carry out these policies in
the public interest.
§ 22. Subdivisions 20-a, 20-b, 20-c, 20-d and 20-e of section 3 of the
alcoholic beverage control law are renumbered subdivisions 20-j, 20-k,
20-l, 20-m and 20-n and ten new subdivisions 7-e, 20-a, 20-b, 20-c,
20-d, 20-e, 20-f, 20-g, 20-h and 20-i are added to read as follows:
7-E. "CONCENTRATED CANNABIS" MEANS: (A) THE SEPARATED RESIN, WHETHER
CRUDE OR PURIFIED, OBTAINED FROM A PLANT OF THE GENUS CANNABIS; OR
(B) A MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE
WHICH CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDRO-
CANNABINOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR
DELTA-1 TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE
NUMBERING SYSTEM.
20-A. "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,
WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY
PART OF THE PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE,
MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT
INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS,
OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-
FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS
(EXCEPT THE RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE
STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES
NOT INCLUDE ALL PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING
OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-
BINOL (THC).
20-B. "MARIHUANA CONSUMER" MEANS A PERSON TWENTY-ONE YEARS OF AGE OR
OLDER WHO PURCHASES MARIHUANA OR MARIHUANA PRODUCTS FOR PERSONAL USE BY
PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.
20-C. "MARIHUANA PROCESSOR" MEANS A PERSON LICENSED BY THE BUREAU TO
PURCHASE MARIHUANA AND CONCENTRATED CANNABIS FROM MARIHUANA PRODUCERS,
TO PROCESS MARIHUANA, CONCENTRATED CANNABIS, AND MARIHUANA INFUSED
PRODUCTS, PACKAGE AND LABEL MARIHUANA, CONCENTRATED CANNABIS AND MARI-
HUANA INFUSED PRODUCTS FOR SALE IN RETAIL OUTLETS, AND SELL MARIHUANA,
CONCENTRATED CANNABIS AND MARIHUANA INFUSED PRODUCTS AT WHOLESALE TO
MARIHUANA RETAILERS.
20-D. "MARIHUANA PRODUCER" MEANS A PERSON LICENSED BY THE BUREAU TO
PRODUCE, PROCESS, AND SELL MARIHUANA AND CONCENTRATED CANNABIS AT WHOLE-
SALE TO MARIHUANA PROCESSORS, MARIHUANA RETAILERS, OR OTHER MARIHUANA
PRODUCERS, BUT NOT TO CONSUMERS.
20-E. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS.
20-F. "MARIHUANA-INFUSED PRODUCTS" MEANS PRODUCTS THAT CONTAIN MARI-
HUANA, MARIHUANA EXTRACTS, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR
HUMAN USE OR CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS,
OINTMENTS, AND TINCTURES.
20-G. "MARIHUANA RETAILER" MEANS A PERSON LICENSED BY THE BUREAU TO
PURCHASE MARIHUANA, CONCENTRATED CANNABIS, AND MARIHUANA-INFUSED
PRODUCTS FROM MARIHUANA PRODUCERS AND MARIHUANA PROCESSORS AND SELL
MARIHUANA, MARIHUANA INFUSED PRODUCTS, AND CONCENTRATED CANNABIS IN A
RETAIL OUTLET.
20-H. "MARIHUANA RETAILER FOR ON-PREMISES CONSUMPTION" MEANS A PERSON
LICENSED BY THE BUREAU TO PURCHASE MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA INFUSED PRODUCTS FROM MARIHUANA PRODUCERS, MARIHUANA RETAIL-
ERS, AND MARIHUANA PROCESSORS AND SELL MARIHUANA PRODUCTS FOR A CUSTOMER
TO CONSUME WHILE THE CUSTOMER IS WITHIN A FACILITY.
S. 3040--A 14
20-I. "UNREASONABLY IMPRACTICABLE" MEANS THAT THE MEASURES NECESSARY
TO COMPLY WITH THE REGULATIONS REQUIRE SUCH A HIGH INVESTMENT OF RISK,
MONEY, TIME OR OTHER RESOURCE OR ASSET THAT THE OPERATION OF A MARIHUANA
ESTABLISHMENT IS NOT WORTHY OF BEING CARRIED OUT BY A REASONABLY PRUDENT
BUSINESSPERSON.
§ 23. Section 65-b of the alcoholic beverage control law, as amended
by chapter 519 of the laws of 1999, paragraphs (b) and (c) of subdivi-
sion 3 as amended by chapter 257 of the laws of 2013 and the opening
paragraph of subdivision 6 as amended by chapter 503 of the laws of
2000, is amended to read as follows:
§ 65-b. Offense for one under age of twenty-one years to purchase or
attempt to purchase an alcoholic beverage OR MARIHUANA PRODUCTS through
fraudulent means. 1. As used in this section: (a) "A device capable of
deciphering any electronically readable format" or "device" shall mean
any commercial device or combination of devices used at a point of sale
or entry that is capable of reading the information encoded on the
magnetic strip or bar code of a driver's license or non-driver identifi-
cation card issued by the commissioner of motor vehicles;
(b) "Card holder" means any person presenting a driver's license or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter; and
(c) "Transaction scan" means the process involving a device capable of
deciphering any electronically readable format by which a licensee, or
agent or employee of a licensee under this chapter reviews a driver's
license or non-driver identification card presented as a precondition
for the purchase of an alcoholic beverage OR MARIHUANA PRODUCTS as
required by subdivision two of this section or as a precondition for
admission to an establishment licensed for the on-premises sale of alco-
holic beverages OR MARIHUANA PRODUCTS where admission is restricted to
persons twenty-one years or older.
2. (a) No person under the age of twenty-one years shall present or
offer to any licensee under this chapter, or to the agent or employee of
such licensee, any written evidence of age which is false, fraudulent or
not actually his OR HER own, for the purpose of purchasing or attempting
to purchase any alcoholic beverage OR MARIHUANA PRODUCTS.
(b) No licensee, or agent or employee of such licensee shall accept as
written evidence of age by any such person for the purchase of any alco-
holic beverage OR MARIHUANA PRODUCTS, any documentation other than: (i)
a valid driver's license or non-driver identification card issued by the
commissioner of motor vehicles, the federal government, any United
States territory, commonwealth or possession, the District of Columbia,
a state government within the United States or a provincial government
of the dominion of Canada, or (ii) a valid passport issued by the United
States government or any other country, or (iii) an identification card
issued by the armed forces of the United States. Upon the presentation
of such driver's license or non-driver identification card issued by a
governmental entity, such licensee or agent or employee thereof may
perform a transaction scan as a precondition to the sale of any alcohol-
ic beverage. Nothing in this section shall prohibit a licensee or agent
or employee from performing such a transaction scan on any of the other
documents listed in this subdivision if such documents include a bar
code or magnetic strip that [that] may be scanned by a device capable of
deciphering any electronically readable format.
(c) In instances where the information deciphered by the transaction
scan fails to match the information printed on the driver's license or
non-driver identification card presented by the card holder, or if the
S. 3040--A 15
transaction scan indicates that the information is false or fraudulent,
the attempted purchase of the alcoholic beverage OR MARIHUANA PRODUCTS
shall be denied.
3. A person violating the provisions of paragraph (a) of subdivision
two of this section shall be guilty of a violation and shall be
sentenced in accordance with the following:
(a) For a first violation, the court shall order payment of a fine of
not more than one hundred dollars and/or an appropriate amount of commu-
nity service not to exceed thirty hours. In addition, the court may
order completion of an alcohol awareness program established pursuant to
section 19.25 of the mental hygiene law OR A MARIHUANA AWARENESS
PROGRAM.
(b) For a second violation, the court shall order payment of a fine of
not less than fifty dollars nor more than three hundred fifty dollars
and/or an appropriate amount of community service not to exceed sixty
hours. The court also shall order completion of an alcohol OR MARIHUANA
awareness program as referenced in paragraph (a) of this subdivision if
such program has not previously been completed by the offender, unless
the court determines that attendance at such program is not feasible due
to the lack of availability of such program within a reasonably close
proximity to the locality in which the offender resides or matriculates,
as appropriate.
(c) For third and subsequent violations, the court shall order payment
of a fine of not less than fifty dollars nor more than seven hundred
fifty dollars and/or an appropriate amount of community service not to
exceed ninety hours. The court also shall order that such person submit
to an evaluation by an appropriate agency certified or licensed by the
office of alcoholism and substance abuse services to determine whether
the person suffers from the disease of alcoholism or alcohol OR MARIHUA-
NA abuse, unless the court determines that under the circumstances
presented such an evaluation is not necessary, in which case the court
shall state on the record the basis for such determination. Payment for
such evaluation shall be made by such person. If, based on such evalu-
ation, a need for treatment is indicated, such person may choose to
participate in a treatment plan developed by an agency certified or
licensed by the office of alcoholism and substance abuse services. If
such person elects to participate in recommended treatment, the court
shall order that payment of such fine and community service be suspended
pending the completion of such treatment.
(d) Evaluation procedures. For purposes of this subdivision, the
following shall apply:
(i) The contents of an evaluation pursuant to paragraph (c) of this
subdivision shall be used for the sole purpose of [determining if such
person suffers from the disease of alcoholism or alcohol abuse] DIAGNOS-
ING SUCH PERSON WITH ALCOHOL OR CANNABIS USE DISORDER.
(ii) The agency designated by the court to perform such evaluation
shall conduct the evaluation and return the results to the court within
thirty days, subject to any state or federal confidentiality law, rule
or regulation governing the confidentiality of alcohol and substance
abuse treatment records.
(iii) The office of alcoholism and substance abuse services shall make
available to each supreme court law library in this state, or, if no
supreme court law library is available in a certain county, to the coun-
ty court law library of such county, a list of agencies certified to
perform evaluations as required by subdivision (f) of section 19.07 of
the mental hygiene law.
S. 3040--A 16
(iv) All evaluations required under this subdivision shall be in writ-
ing and the person so evaluated or his or her counsel shall receive a
copy of such evaluation prior to its use by the court.
(v) A minor evaluated under this subdivision shall have, and shall be
informed by the court of, the right to obtain a second opinion regarding
his or her need for alcoholism OR SUBSTANCE USE DISORDER treatment.
4. A person violating the provisions of paragraph (b) of subdivision
two of this section shall be guilty of a violation punishable by a fine
of not more than one hundred dollars, and/or an appropriate amount of
community service not to exceed thirty hours. In addition, the court may
order completion of an alcohol OR SUBSTANCE ABUSE training awareness
program established pursuant to subdivision twelve of section seventeen
of this chapter where such program is located within a reasonably close
proximity to the locality in which the offender is employed or resides.
5. No determination of guilt pursuant to this section shall operate as
a disqualification of any such person subsequently to hold public
office, public employment, or as a forfeiture of any right or privilege
or to receive any license granted by public authority; and no such
person shall be denominated a criminal by reason of such determination.
6. In addition to the penalties otherwise provided in subdivision
three of this section, if a determination is made sustaining a charge of
illegally purchasing or attempting to illegally purchase an alcoholic
beverage OR MARIHUANA PRODUCTS, the court may suspend such person's
license to drive a motor vehicle and the privilege of an unlicensed
person of obtaining such license, in accordance with the following and
for the following periods, if it is found that a driver's license was
used for the purpose of such illegal purchase or attempt to illegally
purchase; provided, however, that where a person is sentenced pursuant
to paragraph (b) or (c) of subdivision three of this section, the court
shall impose such license suspension if it is found that a driver's
license was used for the purpose of such illegal purchase or attempt to
illegally purchase:
(a) For a first violation of paragraph (a) of subdivision two of this
section, a three month suspension.
(b) For a second violation of paragraph (a) of subdivision two of this
section, a six month suspension.
(c) For a third or subsequent violation of paragraph (a) of subdivi-
sion two of this section, a suspension for one year or until the holder
reaches the age of twenty-one, whichever is the greater period of time.
Such person may thereafter apply for and be issued a restricted use
license in accordance with the provisions of section five hundred thirty
of the vehicle and traffic law.
7. (a) In any proceeding pursuant to subdivision one of section
sixty-five of this article, it shall be an affirmative defense that such
person had produced a driver's license or non-driver identification card
apparently issued by a governmental entity, successfully completed the
transaction scan, and that the alcoholic beverage OR MARIHUANA PRODUCTS
had been sold, delivered or given to such person in reasonable reliance
upon such identification and transaction scan. In evaluating the appli-
cability of such affirmative defense, the liquor authority shall take
into consideration any written policy adopted and implemented by the
seller to carry out the provisions of this chapter. Use of a transaction
scan shall not excuse any licensee under this chapter, or agent or
employee of such licensee, from the exercise of reasonable diligence
otherwise required by this section. Notwithstanding the above
S. 3040--A 17
provisions, any such affirmative defense shall not be applicable in any
other civil or criminal proceeding, or in any other forum.
(b) A licensee or agent or employee of a licensee may electronically
or mechanically record and maintain only the information from a trans-
action scan necessary to effectuate the purposes of this section. Such
information shall be limited to the following: (i) name, (ii) date of
birth, (iii) driver's license or non-driver identification number, and
(iv) expiration date. The liquor authority and the state commissioner of
motor vehicles shall jointly promulgate any regulation necessary to
govern the recording and maintenance of these records by a licensee
under this chapter. The liquor authority and the commissioner of health
shall jointly promulgate any regulations necessary to ensure quality
control in the use of transaction scan devices.
8. A licensee or agent or employee of such licensee shall only use the
information recorded and maintained through the use of such devices for
the purposes contained in paragraph (a) of subdivision seven of this
section, and shall only use such devices for the purposes contained in
subdivision two of this section. No licensee or agent or employee of a
licensee shall resell or disseminate the information recorded during
such scan to any third person. Such prohibited resale or dissemination
includes, but is not limited to, any advertising, marketing or promo-
tional activities. Notwithstanding the restrictions imposed by this
subdivision, such records may be released pursuant to a court ordered
subpoena or pursuant to any other statute that specifically authorizes
the release of such information. Each violation of this subdivision
shall be punishable by a civil penalty of not more than one thousand
dollars.
§ 24. Section 65-c of the alcoholic beverage control law, as added by
chapter 592 of the laws of 1989, paragraph (a) of subdivision 2 as
amended by chapter 409 of the laws of 2016 and subdivision 3 as amended
by chapter 137 of the laws of 2001, is amended to read as follows:
§ 65-c. Unlawful possession of an alcoholic beverage OR MARIHUANA
PRODUCT with the intent to consume by persons under the age of twenty-
one years. 1. Except as hereinafter provided, no person under the age of
twenty-one years shall possess any alcoholic beverage OR MARIHUANA PROD-
UCT, as defined in this chapter, with the intent to consume such bever-
age OR MARIHUANA PRODUCT.
2. A person under the age of twenty-one years may possess any alcohol-
ic beverage OR MARIHUANA PRODUCT with intent to consume if the alcoholic
beverage OR MARIHUANA PRODUCT is given:
(a) to a person who is a student in a curriculum licensed or regis-
tered by the state education department and the student is required to
taste or imbibe alcoholic beverages OR MARIHUANA PRODUCTS in on-campus
or off-campus courses which are a part of the required curriculum,
provided such alcoholic beverages OR MARIHUANA PRODUCTS are used only
for instructional purposes during class conducted pursuant to such
curriculum; or
(b) to the person under twenty-one years of age by that person's
parent or guardian.
3. Any person who unlawfully possesses an alcoholic beverage OR MARI-
HUANA PRODUCT with intent to consume may be summoned before and examined
by a court having jurisdiction of that charge; provided, however, that
nothing contained herein shall authorize, or be construed to authorize,
a peace officer as defined in subdivision thirty-three of section 1.20
of the criminal procedure law or a police officer as defined in subdivi-
sion thirty-four of section 1.20 of such law to arrest a person who
S. 3040--A 18
unlawfully possesses an alcoholic beverage OR MARIHUANA PRODUCT with
intent to consume. If a determination is made sustaining such charge the
court may impose a fine not exceeding fifty dollars and/or completion of
an alcohol OR DRUG awareness program established pursuant to section
19.25 of the mental hygiene law and/or an appropriate amount of communi-
ty service not to exceed thirty hours.
4. No such determination shall operate as a disqualification of any
such person subsequently to hold public office, public employment, or as
a forfeiture of any right or privilege or to receive any license granted
by public authority; and no such person shall be denominated a criminal
by reason of such determination, nor shall such determination be deemed
a conviction.
5. Whenever a peace officer as defined in subdivision thirty-three of
section 1.20 of the criminal procedure law or police officer as defined
in subdivision thirty-four of section 1.20 of the criminal procedure law
shall observe a person under twenty-one years of age openly in
possession of an alcoholic beverage OR MARIHUANA PRODUCT as defined in
this chapter, with the intent to consume such beverage OR PRODUCT in
violation of this section, said officer may seize the beverage OR PROD-
UCT, and shall deliver it to the custody of his or her department.
6. Any alcoholic beverage OR MARIHUANA PRODUCT seized in violation of
this section is hereby declared a nuisance. The official to whom the
beverage OR PRODUCT has been delivered shall, no earlier than three days
following the return date for initial appearance on the summons, dispose
of or destroy the alcoholic beverage OR MARIHUANA PRODUCT seized or
cause it to be disposed of or destroyed. Any person claiming ownership
of an alcoholic beverage OR MARIHUANA PRODUCT seized under this section
may, on the initial return date of the summons or earlier on five days
notice to the official or department in possession of the beverage OR
PRODUCT, apply to the court for an order preventing the destruction or
disposal of the alcoholic beverage OR MARIHUANA PRODUCT seized and
ordering the return of that beverage OR PRODUCT. The court may order
the beverage OR PRODUCT returned if it is determined that return of the
beverage OR PRODUCT would be in the interest of justice or that the
beverage OR PRODUCT was improperly seized.
§ 25. The alcoholic beverage control law is amended by adding a new
section 65-e to read as follows:
§ 65-E. RESTRICTIONS ON PERSONAL CONSUMPTION OF MARIHUANA. 1. NOTHING
IN SECTIONS 221.05 AND 221.05-A OF THE PENAL LAW SHALL BE CONSTRUED TO
PERMIT ANY PERSON TO:
(A) SMOKE MARIHUANA IN PUBLIC;
(B) SMOKE MARIHUANA PRODUCTS IN A LOCATION WHERE SMOKING TOBACCO IS
PROHIBITED PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-NINE-O OF THE
PUBLIC HEALTH LAW;
(C) POSSESS, SMOKE OR INGEST MARIHUANA PRODUCTS IN OR UPON THE GROUNDS
OF ANY SCHOOL PROPERTY USED FOR SCHOOL PURPOSES WHICH IS OWNED BY OR
LEASED TO ANY ELEMENTARY OR SECONDARY SCHOOL OR SCHOOL BOARD WHILE CHIL-
DREN ARE PRESENT; OR
(D) SMOKE OR INGEST MARIHUANA PRODUCTS WHILE DRIVING, OPERATING A
MOTOR VEHICLE, BOAT, VESSEL, AIRCRAFT, OR OTHER VEHICLE USED FOR TRANS-
PORTATION.
2. FOR PURPOSES OF THIS SECTION:
(A) "SMOKE" MEANS TO INHALE, EXHALE, BURN, OR CARRY ANY LIGHTED OR
HEATED DEVICE OR PIPE, OR ANY OTHER LIGHTED OR HEATED MARIHUANA OR
CONCENTRATED CANNABIS PRODUCT INTENDED FOR INHALATION, WHETHER NATURAL
OR SYNTHETIC, IN ANY MANNER OR IN ANY FORM.
S. 3040--A 19
(B) "SMOKE" DOES NOT INCLUDE THE USE OF AN ELECTRONIC SMOKING DEVICE
THAT CREATES AN AEROSOL OR VAPOR, UNLESS LOCAL OR STATE STATUTES EXTEND
PROHIBITIONS ON SMOKING TO ELECTRONIC SMOKING DEVICES.
3. VIOLATIONS OF THE RESTRICTIONS UNDER THIS SECTION ARE SUBJECT TO A
FINE NOT EXCEEDING TWENTY-FIVE DOLLARS OR AN APPROPRIATE AMOUNT OF
COMMUNITY SERVICE NOT TO EXCEED TWENTY HOURS.
§ 26. Section 140 of the alcoholic beverage control law, as amended by
chapter 810 of the laws of 1981, is amended to read as follows:
§ 140. Applicability of chapter before local option. Until such time
as it shall become unlawful to sell alcoholic beverages OR MARIHUANA
PRODUCTS in any town or city by the vote of the voters in such town or
city in the manner provided in this article, all of the provisions of
this chapter shall apply throughout the entire state. This article shall
not apply to the Whiteface mountain ski center, owned by the state and
located in the town of Wilmington, county of Essex.
§ 27. Section 141 of the alcoholic beverage control law, as amended by
chapter 319 of the laws of 2007, is amended to read as follows:
§ 141. Local option for towns. 1. Not less than sixty days nor more
than seventy-five days before the general election in any town at which
the submission of the questions hereinafter stated is authorized by this
article, a petition signed by electors of the town to a number amounting
to twenty-five per centum of the votes cast in the town for governor at
the then last preceding gubernatorial election, acknowledged by the
signers or authenticated by witnesses as provided in the election law in
respect of a nominating petition, requesting the submission at such
election to the electors of the town of one or more of the following
questions, may be filed with the town clerk:
Question 1. Tavern alcoholic beverage license. Shall a person be
allowed to obtain a license to operate a tavern with a limited-service
menu (sandwiches, salads, soups, etc.) which permits the tavern operator
to sell alcoholic beverages for a customer to drink while the customer
is within the tavern. In addition, unopened containers of beer (such as
six-packs and kegs) may be sold "to go" for the customer to open and
drink at another location (such as, for example, at his home)?
Question 2. Restaurant alcoholic beverage license. Shall the operator
of a full-service restaurant be allowed to obtain a license which
permits the restaurant operator to sell alcoholic beverages for a
customer to drink while the customer is within the restaurant. In addi-
tion, unopened containers of beer (such as six-packs and kegs) may be
sold "to go" for the customer to open and drink at another location
(such as, for example, at his home)?
Question 3. Year-round hotel alcoholic beverage license. Shall the
operator of a year-round hotel with a full-service restaurant be allowed
to obtain a license which permits the year-round hotel to sell alcoholic
beverages for a customer to drink while the customer is within the
hotel. In addition, unopened containers of beer (such as six-packs and
kegs) may be sold "to go" for the customer to open and drink at another
location (such as, for example, at his home)?
Question 4. Summer hotel alcoholic beverage license. Shall the opera-
tor of a summer hotel with a full-service restaurant, open for business
only within the period from May first to October thirty-first in each
year, be allowed to obtain a license which permits the summer hotel to
sell alcoholic beverages for a customer to drink while the customer is
within the hotel. In addition, unopened containers of beer (such as
six-packs and kegs) may be sold "to go" for the customer to open and
drink at another location (such as, for example, at his home)?
S. 3040--A 20
Question 5. Retail package liquor or wine store license. Shall a
person be allowed to obtain a license to operate a retail package
liquor-and-wine or wine-without-liquor store, to sell "to go" unopened
bottles of liquor or wine to a customer to be taken from the store for
the customer to open and drink at another location (such as, for exam-
ple, at his home)?
Question 6. Off-premises beer and wine cooler license. Shall the oper-
ator of a grocery store, drugstore or supply ship operating in the
harbors of Lake Erie be allowed to obtain a license which permits the
operator to sell "to go" unopened containers of beer (such as six-packs
and kegs) and wine coolers with not more than 6% alcohol to a customer
to be taken from the store for the customer to open and drink at another
location (such as, for example, at his home)?
Question 7. Baseball park, racetrack, athletic field or stadium
license. Shall a person be allowed to obtain a license which permits
the sale of beer for a patron's consumption while the patron is within a
baseball park, racetrack, or other athletic field or stadium where
admission fees are charged?
QUESTION 8. MARIHUANA RETAILER LICENSE. SHALL A PERSON BE ALLOWED TO
OBTAIN A LICENSE TO OPERATE A RETAIL MARIHUANA STORE, TO SELL UNOPENED
MARIHUANA PRODUCTS TO A CUSTOMER TO BE TAKEN FROM THE STORE FOR THE
CUSTOMER TO OPEN AND CONSUMER AT ANOTHER LOCATION (SUCH AS, FOR EXAMPLE,
AT HIS HOME)?
QUESTION 9. ON-PREMISES MARIHUANA RETAILER LICENSES. SHALL A PERSON BE
ALLOWED TO OBTAIN A LICENSE TO OPERATE A FACILITY WHERE THE SERVICE OF
FOOD IS ONLY INCIDENTAL AND PERMITS THE FACILITY OPERATOR TO SELL MARI-
HUANA PRODUCTS FOR A CUSTOMER TO CONSUMER WHILE THE CUSTOMER IS WITHIN
THE FACILITY?
2. Upon the due filing of such petition complying with the foregoing
provisions, such questions shall be submitted in accordance therewith.
3. The town clerk shall, within five days from the filing of such
petition in his office, prepare and file in the office of the board of
elections, as defined by the election law, of the county, a certified
copy of such petition. Such questions may be submitted only at the time
of a general election. At least ten days before such general election,
the board of elections shall cause to be printed and posted in at least
four public places in such town, a notice of the fact that all of the
local option questions will be voted on at such general election; and
the said notice shall also be published at least five days before the
vote is to be taken once in a newspaper published in the county in which
such town is situated, which shall be a newspaper published in the town,
if there be one. Whenever such questions are to be submitted under the
provisions of this article the board of elections shall cause the proper
ballot labels to be printed and placed on all voting machines used in
the town in which such questions are to be submitted, in the form
prescribed by the election law in respect of other propositions or ques-
tions, upon the face of which shall be printed in full the said ques-
tions. Any elector qualified to vote for state officers shall be enti-
tled to vote upon such local option questions. As soon as the election
shall be held, a return of the votes cast and counted shall be made as
provided by law and the returns canvassed by the inspectors of election.
If a majority of the votes cast shall be in the negative on all or any
of the questions, no person shall, after such election, sell alcoholic
beverages OR MARIHUANA PRODUCTS in such town contrary to such vote or to
the provisions of this chapter; provided, however, that the result of
such vote shall not shorten the term for which any license may have been
S. 3040--A 21
lawfully issued under this chapter or affect the rights of the licensee
thereunder; and no person shall after such vote apply for or receive a
license to sell alcoholic beverages OR MARIHUANA PRODUCTS at retail in
such town contrary to such vote, until, by referendum as hereinafter
provided for, such sale shall again become lawful.
§ 28. Subdivision 3 of section 142 of the alcoholic beverage control
law is amended to read as follows:
3. If a majority of the votes cast shall be in the negative on any or
all of the questions, no person shall, after such election, sell alco-
holic beverages OR MARIHUANA PRODUCTS in such city contrary to such vote
or to the provisions of this chapter; provided, however, that the result
of such vote shall not shorten the term for which any license may have
been lawfully issued under this chapter or affect the rights of the
licensee thereunder; and no person shall after such vote apply for or
receive a license to sell alcoholic beverages OR MARIHUANA PRODUCTS at
retail in such city contrary to such vote, until, by referendum as here-
inafter provided for, such sale shall again become lawful.
§ 29. Subdivision 2 of section 147 of the alcoholic beverage control
law is amended to read as follows:
2. If at the time of any subsequent submission of such questions it
shall be lawful to sell alcoholic beverages OR MARIHUANA PRODUCTS and a
majority of the votes cast shall be in the negative on such questions,
then all of the provisions of this article applicable thereto shall
become effective.
§ 30. Article 11 and sections 160, 161, 162, 163 and 164 of the alco-
holic beverage control law, article 11 and sections 160, 161, 162 and
163 as renumbered by chapter 725 of the laws of 1954, are renumbered
article 12 and sections 200, 201, 202, 203, 204.
§ 31. The alcoholic beverage control law is amended by adding a new
article 11 to read as follows:
ARTICLE 11
PROVISIONS RELATING TO MARIHUANA
SECTION 165. DEFINITIONS.
166. BUREAU OF MARIHUANA POLICY.
167. ADMINISTRATION OF THE BUREAU OF MARIHUANA POLICY.
168. LICENSES ISSUED.
169. LICENSING LIMITS.
170. ACTIONS TAKEN PURSUANT TO A VALID LICENSE ARE LAWFUL.
171. GENERAL PROHIBITIONS AND RESTRICTIONS.
172. CERTAIN OFFICIALS NOT TO BE INTERESTED IN THE MANUFACTURE
OR SALE OF MARIHUANA.
173. PROVISIONS GOVERNING INITIAL RULEMAKING.
174. PROVISIONS GOVERNING MARIHUANA PRODUCERS.
175. PROVISIONS GOVERNING PROCESSORS.
176. PROVISIONS GOVERNING MARIHUANA RETAILERS.
177. PROVISIONS GOVERNING MARIHUANA ON-SITE CONSUMPTION
LICENSES.
178. ADVERTISING AND FORMS OF THE ISSUANCE OF LICENSES.
179. PACKAGING OF MARIHUANA PRODUCTS.
180. LABELING OF MARIHUANA PRODUCTS.
181. SEED TO SALE TRACKING.
182. RENEWALS OF LICENSES AND PERMITS.
183. INFORMATION TO BE PROVIDED BY APPLICANTS.
184. NOTIFICATION TO MUNICIPALITIES.
185. LICENSES, PUBLICATION, GENERAL PROVISIONS.
186. REVOCATION OF LICENSES FOR CAUSE.
S. 3040--A 22
187. PROCEDURE FOR REVOCATION OR CANCELLATION.
188. DECISIONS OF THE BUREAU OF MARIHUANA POLICY AND REVIEW BY
THE COURTS.
189. MINORITY AND WOMEN BUSINESS ENTERPRISES.
190. DISPOSITION OF MONEYS RECEIVED FOR LICENSE FEES.
191. PERSONS FORBIDDEN TO TRAFFIC IN MARIHUANA.
192. SURRENDER OF LICENSE; NOTICE TO POLICE OFFICIALS.
193. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
194. PROTECTIONS FOR THE USE OF MARIHUANA.
195. DISCRIMINATION PROTECTIONS FOR THE USE OF MARIHUANA OR
MEDICAL MARIHUANA.
196. EMPLOYMENT PROTECTIONS.
197. PROTECTIONS FOR PERSONS UNDER STATE SUPERVISION.
198. PROFESSIONAL AND MEDICAL RECORD KEEPING.
§ 165. DEFINITIONS. WHENEVER USED IN THIS CHAPTER, UNLESS THE CONTEXT
REQUIRES OTHERWISE:
1. "APPLICANT" MEANS AN OWNER APPLYING FOR A LICENSE PURSUANT TO THIS
ARTICLE.
2."BUREAU" MEANS THE BUREAU OF MARIHUANA POLICY WITHIN THE AUTHORITY.
3. "COMMERCIAL MARIHUANA ACTIVITY" MEANS THE PRODUCTION, PROCESSING,
POSSESSION, STORING, LABORATORY TESTING, PACKAGING, LABELING, TRANSPOR-
TATION, DELIVERY, OR SALE OF MARIHUANA AND MARIHUANA PRODUCTS AS
PROVIDED FOR IN THIS ARTICLE.
4. "CUSTOMER" MEANS A NATURAL PERSON TWENTY-ONE YEARS OF AGE OR OLDER.
5. "DELIVERY" MEANS A LICENSEE THAT DELIVERS RETAIL MARIHUANA AND
MARIHUANA PRODUCTS TO CUSTOMERS. RETAILER LICENSEES AND MICROBUSINESS
LICENSEES ARE PERMITTED TO DELIVER RETAIL MARIHUANA AND MARIHUANA
PRODUCTS TO CUSTOMERS WITHOUT OBTAINING AN ADDITIONAL DISTRIBUTOR
LICENSE.
6. "DISTRIBUTION" MEANS THE PROCUREMENT, SALE, AND TRANSPORT OF MARI-
HUANA AND MARIHUANA PRODUCTS BETWEEN ENTITIES LICENSED PURSUANT TO THIS
ARTICLE.
7. "DISTRIBUTOR" MEANS A LICENSEE FOR THE DISTRIBUTION OF MARIHUANA
AND MARIHUANA PRODUCTS BETWEEN ENTITIES LICENSED PURSUANT TO THIS ARTI-
CLE. PRODUCER LICENSEES, PROCESSOR LICENSEES, AND MICROBUSINESS LICEN-
SEES ARE PERMITTED TO DISTRIBUTE MARIHUANA AND MARIHUANA PRODUCTS
BETWEEN ENTITIES LICENSED PURSUANT TO THIS ARTICLE WITHOUT OBTAINING AN
ADDITIONAL DISTRIBUTOR LICENSE.
8. "LABELING" MEANS ANY LABEL OR OTHER WRITTEN, PRINTED, OR GRAPHIC
MATTER UPON A MARIHUANA PRODUCT, OR UPON ITS CONTAINER OR WRAPPER, OR
THAT ACCOMPANIES ANY MARIHUANA PRODUCT.
9. "LICENSE" MEANS A STATE LICENSE ISSUED UNDER THIS ARTICLE. EACH
LICENSE ISSUED PURSUANT TO THIS ARTICLE CORRESPONDS TO A SINGLE PLACE OF
BUSINESS.
10. "LICENSEE" MEANS ANY PERSON OR ENTITY HOLDING A LICENSE UNDER THIS
ARTICLE.
11. "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,
WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY
PART OF THE PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE,
MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT
INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS,
OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-
FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS
(EXCEPT THE RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE
STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES
NOT INCLUDE ALL PARTS OF THE PLANT CANNABIS SATIVA I., WHETHER GROWING
S. 3040--A 23
OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-
BINOL (THC).
12. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS.
13. "MARIHUANA-INFUSED PRODUCTS" MEANS PRODUCTS THAT CONTAIN MARIHUA-
NA, MARIHUANA EXTRACTS, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR
HUMAN USE OR CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS,
OINTMENTS, AND TINCTURES.
14. "MICROBUSINESS" MEANS A LICENSEE THAT MAY ACT AS A MARIHUANA
PRODUCER FOR THE CULTIVATION OF MARIHUANA ON AN AREA LESS THAN TEN THOU-
SAND SQUARE FEET, A MARIHUANA PROCESSOR, AND A MARIHUANA RETAILER UNDER
THIS ARTICLE, PROVIDED SUCH LICENSEE COMPLIES WITH ALL REQUIREMENTS
IMPOSED BY THIS ARTICLE ON LICENSED PRODUCERS, PROCESSORS, AND RETAILERS
TO THE EXTENT THE LICENSEE ENGAGES IN SUCH ACTIVITIES. A "MICROBUSINESS"
MAY DISTRIBUTE MARIHUANA AND MARIHUANA PRODUCTS TO OTHER LICENSED MARI-
HUANA BUSINESSES AND MAY DELIVER MARIHUANA AND MARIHUANA PRODUCTS TO
CUSTOMERS.
15. "NURSERY" MEANS A LICENSEE THAT PRODUCES ONLY CLONES, IMMATURE
PLANTS, SEEDS, AND OTHER AGRICULTURAL PRODUCTS USED SPECIFICALLY FOR THE
PLANTING, PROPAGATION, AND CULTIVATION OF MARIHUANA.
16. "ONSITE CONSUMPTION" MEANS A MARIHUANA RETAIL LICENSEE OR A MARI-
HUANA MICROBUSINESS THAT PERMITS THE CONSUMPTION OF MARIHUANA AND MARI-
HUANA PRODUCTS AT THE LICENSEE'S PLACE OF BUSINESS.
17. "OWNER" MEANS AN INDIVIDUAL WITH AN AGGREGATE OWNERSHIP INTEREST
OF TWENTY PERCENT OR MORE IN A MARIHUANA BUSINESS LICENSED PURSUANT TO
THIS ARTICLE, UNLESS SUCH INTEREST IS SOLELY A SECURITY, LIEN, OR ENCUM-
BRANCE, OR AN INDIVIDUAL THAT WILL BE PARTICIPATING IN THE DIRECTION,
CONTROL, OR MANAGEMENT OF THE LICENSED MARIHUANA BUSINESS.
18. "PACKAGE" MEANS ANY CONTAINER OR RECEPTACLE USED FOR HOLDING MARI-
HUANA OR MARIHUANA PRODUCTS.
19. "PROCESSOR" MEANS A LICENSEE THAT COMPOUNDS, BLENDS, EXTRACTS,
INFUSES, OR OTHERWISE MAKES OR PREPARES MARIHUANA PRODUCTS, BUT NOT THE
PRODUCTION OF THE MARIHUANA CONTAINED IN THE MARIHUANA PRODUCT. A
"PROCESSOR" MAY ALSO DISTRIBUTE MARIHUANA AND MARIHUANA PRODUCTS TO
OTHER LICENSED MARIHUANA BUSINESSES.
20. "PRODUCER" MEANS A LICENSEE THAT PLANTS, GROWS, HARVESTS, DRIES,
CURES, GRADES, OR TRIMS MARIHUANA. A "PRODUCER" MAY ALSO DISTRIBUTE
MARIHUANA TO OTHER LICENSED MARIHUANA BUSINESSES.
21. "RETAILER" MEANS A LICENSEE THAT SELLS MARIHUANA OR MARIHUANA
PRODUCTS DIRECTLY TO CUSTOMERS. A "RETAILER" MAY DELIVER MARIHUANA AND
MARIHUANA PRODUCTS TO CUSTOMERS.
22. "TESTING FACILITY" MEANS A LICENSEE THAT TESTS MARIHUANA AND MARI-
HUANA PRODUCTS.
§ 166. BUREAU OF MARIHUANA POLICY. THERE IS HEREBY ESTABLISHED IN THE
AUTHORITY A BUREAU OF MARIHUANA POLICY. THE MEMBERS OF THE BUREAU SHALL
BE APPOINTED BY THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF THE
SENATE. NOT MORE THAN TWO MEMBERS OF THE BUREAU SHALL BELONG TO THE SAME
POLITICAL PARTY. THE CHAIRMAN OF THE BUREAU OF MARIHUANA POLICY HERETO-
FORE APPOINTED AND DESIGNATED BY THE GOVERNOR AND THE REMAINING MEMBERS
OF SUCH BOARD HERETOFORE APPOINTED BY THE GOVERNOR SHALL CONTINUE TO
SERVE AS CHAIRMAN AND MEMBERS OF THE BUREAU UNTIL THE EXPIRATION OF THE
RESPECTIVE TERMS FOR WHICH THEY WERE APPOINTED. UPON THE EXPIRATION OF
SUCH RESPECTIVE TERMS THE SUCCESSORS OF SUCH CHAIRMAN AND MEMBERS SHALL
BE APPOINTED TO SERVE FOR A TERM OF THREE YEARS EACH AND UNTIL THEIR
SUCCESSORS HAVE BEEN APPOINTED AND QUALIFIED. THE COMMISSIONERS, OTHER
THAN THE CHAIRMAN SHALL, WHEN PERFORMING THE WORK OF THE BUREAU, BE
S. 3040--A 24
COMPENSATED AT A RATE OF TWO HUNDRED SIXTY DOLLARS PER DAY, TOGETHER
WITH AN ALLOWANCE FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
DISCHARGE OF THEIR DUTIES.
§ 167. ADMINISTRATION OF THE BUREAU OF MARIHUANA POLICY. 1. THE
BUREAU ESTABLISHED IN SECTION ONE HUNDRED SIXTY-SIX OF THIS ARTICLE
SHALL HERETOFORE HAVE THE POWER, DUTY, PURPOSE, RESPONSIBILITY, AND
JURISDICTION TO REGULATE COMMERCIAL MARIHUANA ACTIVITY AS PROVIDED IN
THE MARIHUANA REGULATION AND TAXATION ACT.
2. THE BUREAU SHALL HAVE THE EXCLUSIVE AUTHORITY TO CREATE, ISSUE,
RENEW, DISCIPLINE, SUSPEND, OR REVOKE LICENSES FOR COMMERCIAL MARIHUANA
ACTIVITIES IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT,
CODIFIED AT N.Y. A.P.A. LAW § 100 ET SEQ.
(A) THE BUREAU SHALL CONSULT WITH THE DEPARTMENT OF AGRICULTURE AND
MARKETS REGARDING RULES, REGULATIONS, AND LICENSES FOR THE CULTIVATION
OF MARIHUANA.
(B) THE BUREAU SHALL BEGIN ISSUING LICENSES NOT LATER THAN EIGHTEEN
MONTHS FOLLOWING THE EFFECTIVE DATE OF THE MARIHUANA REGULATION AND
TAXATION ACT.
(I) THE BUREAU SHALL BEGIN ACCEPTING APPLICATIONS NO MORE THAN FIFTEEN
MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT.
(II) PURSUANT TO SECTION ONE HUNDRED EIGHTY-FOUR OF THIS ARTICLE, THE
BUREAU SHALL NOTIFY MUNICIPALITIES OF ANY APPLICATIONS FOR LICENSE.
(III) THE BUREAU SHALL ISSUE AN ANNUAL LICENSE TO THE APPLICANT
BETWEEN FORTY-FIVE AND NINETY DAYS AFTER RECEIPT OF AN APPLICATION
UNLESS THE BUREAU FINDS THE APPLICANT IS NOT IN COMPLIANCE WITH REGU-
LATIONS ENACTED PURSUANT TO SECTION ONE HUNDRED SEVENTY-THREE OF THIS
ARTICLE OR THE DEPARTMENT IS NOTIFIED BY THE RELEVANT MUNICIPALITY THAT
THE APPLICANT IS NOT IN COMPLIANCE WITH SUCH REGULATIONS.
(C) THE BUREAU SHALL HAVE THE AUTHORITY TO COLLECT FEES IN CONNECTION
WITH ACTIVITIES THEY REGULATE CONCERNING MARIHUANA PURSUANT TO SECTION
ONE HUNDRED NINETY OF THIS ARTICLE.
3. (A) NOT LATER THAN TEN MONTHS FOLLOWING THE ENACTMENT OF THIS ARTI-
CLE, EACH MUNICIPALITY MAY ENACT AN ORDINANCE OR REGULATION SPECIFYING
THE ENTITY WITHIN THE MUNICIPALITY THAT IS RESPONSIBLE FOR PROCESSING
APPLICATIONS SUBMITTED FOR A LICENSE TO OPERATE A MARIHUANA ESTABLISH-
MENT WITHIN THE BOUNDARIES OF THE MUNICIPALITY AND FOR THE ISSUANCE OF
SUCH LICENSES SHOULD THE ISSUANCE BY THE MUNICIPALITY BECOME NECESSARY
BECAUSE OF A FAILURE BY THE BUREAU TO ADOPT REGULATIONS PURSUANT TO
SECTION ONE HUNDRED SEVENTY-THREE OF THIS ARTICLE OR BECAUSE OF A FAIL-
URE BY THE BUREAU TO PROCESS AND ISSUE LICENSES AS REQUIRED BY THE
SUBDIVISION TWO OF THIS SECTION.
(B) A MUNICIPALITY MAY ENACT ORDINANCES OR REGULATIONS, NOT IN
CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED
PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE, MANNER AND NUMBER
OF MARIHUANA ESTABLISHMENT OPERATIONS; ESTABLISHING PROCEDURES FOR THE
ISSUANCE, SUSPENSION, AND REVOCATION OF A LICENSE ISSUED BY THE MUNICI-
PALITY IN ACCORDANCE WITH PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION,
SUCH PROCEDURES TO BE SUBJECT TO ALL REQUIREMENTS OF STATE ADMINISTRA-
TIVE PROCEDURE ACT, CODIFIED AS N.Y. A.P.A. LAW § 100, ET SEQ. OR ANY
SUCCESSOR PROVISION, ESTABLISHING A SCHEDULE OF ANNUAL OPERATING,
LICENSING, AND APPLICATION FEES FOR MARIHUANA ESTABLISHMENTS, PROVIDED,
THE APPLICATION FEE SHALL ONLY BE DUE IF AN APPLICATION IS SUBMITTED TO
A MUNICIPALITY IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDIVISION AND
A LICENSING FEE SHALL ONLY BE DUE IF A LICENSE IS ISSUED BY A MUNICI-
PALITY IN ACCORDANCE WITH PARAGRAPH (C) OR (D) OF THIS SUBDIVISION; AND
ESTABLISHING CIVIL PENALTIES FOR VIOLATION OF AN ORDINANCE OR REGULATION
S. 3040--A 25
GOVERNING THE TIME, PLACE, AND MANNER OF A MARIHUANA ESTABLISHMENT THAT
MAY OPERATE IN SUCH A MUNICIPALITY. A MUNICIPALITY MAY PROHIBIT THE
OPERATION OF MARIHUANA PRODUCTION FACILITIES, MARIHUANA PROCESSING
FACILITIES, MARIHUANA RETAIL STORES, MARIHUANA MICROBUSINESSES, OR MARI-
HUANA TESTING FACILITIES THROUGH THE ENACTMENT OF AN ORDINANCE.
(C) IF THE BUREAU DOES NOT ISSUE A LICENSE TO AN APPLICANT WITHIN
NINETY DAYS OF RECEIPT OF THE APPLICATION FILED IN ACCORDANCE WITH
SUBDIVISION TWO AND DOES NOT NOTIFY THE APPLICANT OF THE SPECIFIC REASON
FOR ITS DENIAL, IN WRITING AND WITHIN SUCH TIME PERIOD, OR IF THE BUREAU
HAS ADOPTED REGULATIONS PURSUANT TO SECTION ONE HUNDRED SEVENTY-THREE OF
THIS ARTICLE BUT HAS NOT ISSUED ANY LICENSES WITHIN EIGHTEEN MONTHS OF
THE EFFECTIVE DATE OF THIS ARTICLE, FOR ANY LOCALITY ENACTING AN ORDI-
NANCE PROVIDING FOR LOCAL PROCESSING OF APPLICATIONS, THE APPLICANT MAY
RESUBMIT ITS APPLICATION DIRECTLY TO THE MUNICIPALITY PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION, AND THE MUNICIPALITY MAY ISSUE AN ANNUAL
LICENSE TO THE APPLICANT. A MUNICIPALITY ISSUING A LICENSE TO AN APPLI-
CANT SHALL DO SO WITHIN NINETY DAYS OF RECEIPT OF THE RESUBMITTED APPLI-
CATION UNLESS THE MUNICIPALITY FINDS AND NOTIFIES THE APPLICANT THAT THE
APPLICANT IS NOT IN COMPLIANCE WITH THE ORDINANCES AND REGULATIONS MADE
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IN EFFECT AT THE TIME THE
APPLICATION IS RESUBMITTED AND THE MUNICIPALITY SHALL NOTIFY THE BUREAU
IF AN ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. IF AN APPLICATION
IS SUBMITTED TO A MUNICIPALITY UNDER THIS PARAGRAPH, THE BUREAU SHALL
FORWARD TO THE MUNICIPALITY THE APPLICATION FEE PAID BY THE APPLICANT TO
THE BUREAU UPON REQUEST BY THE MUNICIPALITY. A LICENSE ISSUED BY A MUNI-
CIPALITY IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME FORCE AND
EFFECT AS A LICENSE ISSUED BY THE BUREAU IN ACCORDANCE WITH SUBDIVISION
TWO OF THIS SECTION AND THE HOLDER OF SUCH LICENSE SHALL NOT BE SUBJECT
TO REGULATION OR ENFORCEMENT BY THE BUREAU DURING THE TERM OF THAT
LICENSE. A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS PARA-
GRAPH ON AN ANNUAL BASIS ONLY UPON RESUBMISSION TO THE MUNICIPALITY OF A
NEW APPLICATION SUBMITTED TO THE BUREAU PURSUANT TO SUBDIVISION TWO OF
THIS SECTION. NOTHING IN THIS PARAGRAPH SHALL LIMIT SUCH RELIEF AS MAY
BE AVAILABLE TO AN AGGRIEVED PARTY UNDER SECTION FOUR HUNDRED ONE OF THE
STATE ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION.
(D) IF THE BUREAU DOES NOT ADOPT REGULATIONS REQUIRED BY SECTION ONE
HUNDRED SEVENTY-THREE OF THIS ARTICLE, AN APPLICANT MAY SUBMIT AN APPLI-
CATION DIRECTLY TO A MUNICIPALITY FIFTEEN MONTHS FOLLOWING THE EFFECTIVE
DATE OF THIS ARTICLE AND THE MUNICIPALITY MAY ISSUE AN ANNUAL LICENSE TO
THE APPLICANT. A MUNICIPALITY ISSUING A LICENSE TO AN APPLICANT SHALL DO
SO WITHIN NINETY DAYS OF RECEIPT OF THE APPLICATION UNLESS IT FINDS AND
NOTIFIES THE APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE WITH
ORDINANCES AND REGULATIONS MADE PURSUANT TO PARAGRAPH (B) OF THIS SUBDI-
VISION IN EFFECT AT THE TIME OF APPLICATION AND SHALL NOTIFY THE BUREAU
IF AN ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. A LICENSE ISSUED
BY A MUNICIPALITY IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME
FORCE AND EFFECT AS A LICENSE ISSUED BY THE BUREAU IN ACCORDANCE WITH
SUBDIVISION TWO OF THIS SECTION AND THE LICENSEE SHALL NOT BE SUBJECT TO
REGULATION OR ENFORCEMENT BY THE BUREAU DURING THE TERM OF THAT LICENSE.
A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS PARAGRAPH ON AN
ANNUAL BASIS IF THE BUREAU HAS NOT ADOPTED REGULATIONS REQUIRED BY
SECTION ONE HUNDRED SEVENTY-THREE OF THIS ARTICLE AT LEAST NINETY DAYS
PRIOR TO THE DATE UPON WHICH SUCH SUBSEQUENT OR RENEWED LICENSE WOULD BE
EFFECTIVE OR IF THE DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO
SECTION ONE HUNDRED SEVENTY-THREE OF THIS ARTICLE BUT HAS NOT, AT LEAST
S. 3040--A 26
NINETY DAYS AFTER THE ADOPTION OF SUCH REGULATIONS, ISSUED LICENSES
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
4. THE BUREAU MAY LIMIT THE TOTAL AMOUNT OF MARIHUANA PRODUCED IN NEW
YORK BASED ON THE DEMAND FOR MARIHUANA AND MARIHUANA PRODUCTS AND IN AN
EFFORT TO REDUCE ILLICIT MARIHUANA MARKETS.
§ 168. LICENSES ISSUED. THE FOLLOWING KINDS OF LICENSES SHALL BE
ISSUED BY THE BUREAU FOR THE MANUFACTURE, PRODUCTION, PROCESSING, TEST-
ING, RETAIL SALE AND DELIVERY OF MARIHUANA:
1. MARIHUANA NURSERY LICENSE;
2. MARIHUANA PRODUCER LICENSE;
3. MARIHUANA PROCESSOR LICENSE;
4. MARIHUANA DISTRIBUTOR LICENSE;
5. MARIHUANA RETAILER LICENSE;
6. MARIHUANA MICROBUSINESS LICENSE;
7. MARIHUANA ON-SITE CONSUMPTION LICENSE;
8. MARIHUANA DELIVERY LICENSE;
9. MARIHUANA TESTING LICENSE; AND
10. ANY OTHER TYPE OF LICENSES ALLOWED BY THE BUREAU.
§ 169. LICENSING LIMITS. 1. ALL LICENSES ISSUED UNDER THIS ARTICLE
SHALL BEAR A CLEAR DESIGNATION INDICATING THAT THE LICENSE IS FOR
COMMERCIAL MARIHUANA ACTIVITY AS DISTINCT FROM MEDICAL MARIHUANA MANU-
FACTURED, PRODUCED AND SOLD FOR MEDICAL USE PURSUANT TO TITLE FIVE-A OF
ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
2. AN OWNER OF A MARIHUANA RETAIL STORE SHALL NOT HOLD A LICENSE IN
ANOTHER LICENSE CATEGORY OF SECTION ONE HUNDRED SIXTY-EIGHT OF THIS
ARTICLE, SHALL NOT OWN OR HAVE OWNERSHIP INTEREST IN AN ENTITY LICENSED
PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW, AND SHALL HOLD NOT MORE THAN THREE RETAIL LICENSES.
3. AN OWNER OF A MARIHUANA MICROBUSINESS SHALL NOT HOLD A LICENSE IN
ANOTHER LICENSE CATEGORY OF SECTION ONE HUNDRED SIXTY-EIGHT OF THIS
ARTICLE, SHALL NOT OWN OR HAVE OWNERSHIP INTEREST IN A FACILITY LICENSED
PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW, AND SHALL HOLD NOT MORE THAN ONE MICROBUSINESS LICENSE.
4. AN OWNER OF A MARIHUANA TESTING FACILITY SHALL NOT HOLD A LICENSE
IN ANOTHER LICENSE CATEGORY OF SECTION ONE HUNDRED SIXTY-EIGHT OF THIS
ARTICLE AND SHALL NOT OWN OR HAVE OWNERSHIP INTEREST IN A FACILITY
LICENSED PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC
HEALTH LAW.
5. ONLY A MARIHUANA RETAIL LICENSEE OR A MARIHUANA MICROBUSINESS
LICENSEE MAY BE ISSUED AN ON-SITE CONSUMPTION LICENSE.
6. ONLY A MARIHUANA RETAIL LICENSEE, MARIHUANA MICROBUSINESS LICENSEE,
OR MARIHUANA DELIVERY LICENSEE MAY BE PERMITTED TO DELIVER MARIHUANA
DIRECTLY TO CUSTOMERS.
7. ONLY A MARIHUANA PRODUCER LICENSEE, MARIHUANA PROCESSOR LICENSEE,
OR MARIHUANA DISTRIBUTOR LICENSEE MAY DISTRIBUTE MARIHUANA AND MARIHUANA
PRODUCTS TO OTHER LICENSED MARIHUANA BUSINESSES.
8. NO MARIHUANA DELIVERY OWNER MAY HOLD MORE THAN ONE MARIHUANA DELIV-
ERY LICENSE.
9. NO MARIHUANA DISTRIBUTOR OWNER MAY HOLD MORE THAN ONE MARIHUANA
DISTRIBUTOR LICENSE.
10. THE BUREAU SHALL ISSUE A SERIES OF PRODUCER LICENSES DISTINGUISHED
BY CANOPY SIZE AND TYPE OF LIGHTING USED, NATURAL/OUTDOOR LIGHT, INDOOR
LIGHT, OR MIXED-LIGHT.
11. NO MARIHUANA PRODUCER OWNER MAY HOLD MORE THAN ONE MARIHUANA
PRODUCER AND ONE MARIHUANA PROCESSOR LICENSE.
S. 3040--A 27
12. NO MARIHUANA PROCESSOR OWNER MAY HOLD MORE THAN THREE MARIHUANA
PROCESSOR LICENSES.
§ 170. ACTIONS TAKEN PURSUANT TO A VALID LICENSE ARE LAWFUL. NO
CONTRACTS RELATED TO THE OPERATION OF LICENSES UNDER THIS CHAPTER SHALL
BE DEEMED UNENFORCEABLE ON THE BASIS THAT THE ACTIONS PERMITTED PURSUANT
TO THE LICENSE ARE PROHIBITED BY FEDERAL LAW. THE FOLLOWING ACTIONS ARE
NOT UNLAWFUL AS PROVIDED UNDER THIS CHAPTER, SHALL NOT BE AN OFFENSE
UNDER NEW YORK LAW OR THE LAWS OF ANY LOCALITY WITHIN NEW YORK, AND
SHALL NOT RESULT IN ANY CIVIL FINE, SEIZURE, OR FORFEITURE OF ASSETS
AGAINST ANY PERSON ACTING IN ACCORDANCE WITH THIS CHAPTER:
1. ACTIONS OF A LICENSEE, ITS EMPLOYEES, AND ITS AGENTS, AS PERMITTED
BY THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE BUREAU,
PURSUANT TO A VALID LICENSE ISSUED BY THE BUREAU.
2. ACTIONS OF THOSE WHO ALLOW PROPERTY TO BE USED BY A LICENSEE, ITS
EMPLOYEES, AND ITS AGENTS, AS PERMITTED BY THIS CHAPTER AND CONSISTENT
WITH RULES AND REGULATIONS OF THE BUREAU, PURSUANT TO A VALID LICENSE
ISSUED BY THE BUREAU.
3. ACTIONS OF ANY PERSON OR ENTITY, THEIR EMPLOYEES, OR THEIR AGENTS
PROVIDING A SERVICE TO A LICENSEE OR POTENTIAL LICENSEE, AS PERMITTED BY
THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE BUREAU,
RELATING TO THE FORMATION OF A BUSINESS.
4. THE PURCHASE, POSSESSION, OR CONSUMPTION OF MARIHUANA, AS PERMITTED
BY THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE BUREAU,
OBTAINED FROM A VALIDLY LICENSED RETAILER.
§ 171. GENERAL PROHIBITIONS AND RESTRICTIONS. 1. NO MARIHUANA PRODUCTS
MAY BE IMPORTED OR EXPORTED INTO NEW YORK STATE BY A LICENSEE FROM OR TO
A JURISDICTION IN WHICH POSSESSION, TRANSPORT, DISTRIBUTION OF MARIHUANA
OR OTHER MARIHUANA RELATED CONDUCT REMAINS ILLEGAL UNDER THE LAWS OF
THAT JURISDICTION.
2. (A) NO PERSON HOLDING ANY LICENSE PURSUANT TO THIS ARTICLE TO GROW
OR PROCESS MARIHUANA MAY EMPLOY ANY PERSON WHO HAS BEEN CONVICTED OF AN
OFFENSE RELATED TO THE FUNCTIONS, OR DUTIES OF THE BUSINESS OR PROFES-
SION FOR WHICH THE APPLICATION IS MADE WITHIN THREE YEARS OF THE APPLI-
CATION DATE, EXCEPT THAT IF THE BUREAU DETERMINES THAT THE OWNER OR
LICENSEE IS OTHERWISE SUITABLE TO BE ISSUED A LICENSE, AND GRANTING THE
LICENSE WOULD NOT COMPROMISE PUBLIC SAFETY, THE BUREAU SHALL CONDUCT A
THOROUGH REVIEW OF THE NATURE OF THE CRIME, CONVICTION, CIRCUMSTANCES,
AND EVIDENCE OF REHABILITATION OF THE OWNER, AND SHALL EVALUATE THE
SUITABILITY OF THE OWNER OR LICENSEE TO BE ISSUED A LICENSE BASED ON THE
EVIDENCE FOUND THROUGH THE REVIEW. IN DETERMINING WHICH OFFENSES ARE
SUBSTANTIALLY RELATED TO THE QUALIFICATIONS, FUNCTIONS, OR DUTIES OF THE
BUSINESS OR PROFESSION FOR WHICH THE APPLICATION IS MADE, THE BUREAU
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
(I) A FELONY CONVICTION INVOLVING FRAUD AND OTHER UNLAWFUL CONDUCT
RELATED TO OWNING AND OPERATING A BUSINESS.
(II) A FELONY CONVICTION FOR HIRING, EMPLOYING, OR USING A MINOR IN
TRANSPORTING, CARRYING, SELLING, GIVING AWAY, PREPARING FOR SALE, OR
PEDDLING, ANY CONTROLLED SUBSTANCE TO A MINOR; OR SELLING, OFFERING TO
SELL, FURNISHING, OFFERING TO FURNISH, ADMINISTERING, OR GIVING ANY
CONTROLLED SUBSTANCE TO A MINOR.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, IF THE BUREAU ISSUES ITS WRITTEN APPROVAL FOR THE EMPLOYMENT BY A
LICENSEE, IN A SPECIFIED CAPACITY, OF A PERSON PREVIOUSLY CONVICTED OF A
FELONY OR ANY OF THE OFFENSES ABOVE ENUMERATED IN PARAGRAPH (A) OF THIS
SUBDIVISION, SUCH PERSON, MAY, UNLESS HE OR SHE IS SUBSEQUENTLY
CONVICTED OF A FELONY OR ANY OF SUCH OFFENSES, THEREAFTER BE EMPLOYED IN
S. 3040--A 28
THE SAME CAPACITY BY ANY OTHER LICENSEE WITHOUT THE FURTHER WRITTEN
APPROVAL OF THE BUREAU UNLESS THE PRIOR APPROVAL GIVEN BY THE BUREAU IS
TERMINATED.
3. NO LICENSE OF ANY KIND MAY BE ISSUED TO A PERSON UNDER THE AGE OF
TWENTY-ONE YEARS, NOR SHALL ANY LICENSEE EMPLOY ANYONE UNDER THE AGE OF
TWENTY-ONE YEARS.
§ 172. CERTAIN OFFICIALS NOT TO BE INTERESTED IN THE MANUFACTURE OR
SALE OF MARIHUANA. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTION ONE
HUNDRED TWENTY-EIGHT-A OF THIS CHAPTER, IT SHALL BE UNLAWFUL FOR ANY
POLICE COMMISSIONER, POLICE INSPECTOR, CAPTAIN, SERGEANT, ROUNDSMAN,
PATROLMAN OR OTHER POLICE OFFICIAL OR SUBORDINATE OF ANY POLICE DEPART-
MENT IN THE STATE, TO BE EITHER DIRECTLY OR INDIRECTLY INTERESTED IN THE
MANUFACTURE OR SALE OF MARIHUANA OR TO OFFER FOR SALE, OR RECOMMEND TO
ANY LICENSEE ANY MARIHUANA. A PERSON MAY NOT BE DENIED ANY LICENSE
GRANTED UNDER THE PROVISIONS OF SECTIONS FIFTY-FOUR, FIFTY-FIVE, FIFTY-
NINE, SIXTY-THREE, SIXTY-FOUR, SEVENTY-NINE, EIGHTY-ONE, OR ARTICLE
SEVEN OF THIS CHAPTER SOLELY ON THE GROUNDS OF BEING THE SPOUSE OF A
PUBLIC SERVANT DESCRIBED IN THIS SUBDIVISION. THE SOLICITATION OR RECOM-
MENDATION MADE TO ANY LICENSEE, TO PURCHASE ANY MARIHUANA BY ANY POLICE
OFFICIAL OR SUBORDINATE AS DESCRIBED IN THIS SUBDIVISION, SHALL BE
PRESUMPTIVE EVIDENCE OF THE INTEREST OF SUCH OFFICIAL OR SUBORDINATE IN
THE MANUFACTURE OR SALE OF MARIHUANA.
2. NO ELECTIVE VILLAGE OFFICER SHALL BE SUBJECT TO THE LIMITATIONS SET
FORTH IN SUBDIVISION ONE OF THIS SECTION UNLESS SUCH ELECTIVE VILLAGE
OFFICER SHALL BE ASSIGNED DUTIES DIRECTLY RELATING TO THE OPERATION OR
MANAGEMENT OF THE POLICE DEPARTMENT.
§ 173. PROVISIONS GOVERNING INITIAL RULEMAKING. 1. WITHIN TWO HUNDRED
FORTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE BUREAU SHALL
PERFORM SUCH ACTS, PRESCRIBE SUCH FORMS AND MAKE SUCH RULES, REGULATIONS
AND ORDERS AS IT MAY DEEM NECESSARY OR PROPER TO FULLY EFFECTUATE THE
PROVISIONS OF THIS ARTICLE.
2. THE BUREAU SHALL PROMULGATE NECESSARY RULES AND REGULATIONS GOVERN-
ING THE LICENSING OF MARIHUANA PRODUCERS, MARIHUANA PROCESSORS, MARIHUA-
NA RETAILERS AND MARIHUANA RETAILERS FOR CONSUMPTION ON-SITE, INCLUDING:
(A) PRESCRIBING FORMS AND ESTABLISHING APPLICATION, REINSTATEMENT, AND
RENEWAL FEES;
(B) THE QUALIFICATIONS FOR LICENSURE;
(C) THE BOOKS AND RECORDS TO BE CREATED AND MAINTAINED BY LICENSEES,
THE REPORTS TO BE MADE THEREON TO THE BUREAU, AND INSPECTION OF THE
BOOKS AND RECORDS;
(D) METHODS OF PRODUCING, PROCESSING, AND PACKAGING MARIHUANA, MARI-
HUANA-INFUSED PRODUCTS, AND CONCENTRATED CANNABIS; CONDITIONS OF SANITA-
TION, AND STANDARDS OF INGREDIENTS, QUALITY, AND IDENTITY OF MARIHUANA
PRODUCTS PRODUCED, PROCESSED, PACKAGED, OR SOLD BY LICENSEES; AND
(E) SECURITY REQUIREMENTS FOR MARIHUANA RETAILERS AND PREMISES WHERE
MARIHUANA PRODUCTS ARE PRODUCED OR PROCESSED, AND SAFETY PROTOCOLS FOR
LICENSEES AND THEIR EMPLOYEES.
3. THE BUREAU SHALL PROMULGATE RULES AND REGULATIONS THAT ARE CALCU-
LATED TO:
(A) PREVENT THE DISTRIBUTION OF MARIHUANA TO PERSONS UNDER TWENTY-ONE
YEARS OF AGE;
(B) PREVENT THE REVENUE FROM THE SALE OF MARIHUANA FROM GOING TO CRIM-
INAL ENTERPRISES, GANGS, AND CARTELS;
(C) PREVENT THE DIVERSION OF MARIHUANA FROM THIS STATE TO OTHER
STATES;
S. 3040--A 29
(D) PREVENT MARIHUANA ACTIVITY THAT IS LEGAL UNDER STATE LAW FROM
BEING USED AS A COVER OR PRETEXT FOR THE TRAFFICKING OF OTHER ILLEGAL
DRUGS OR OTHER ILLEGAL ACTIVITY;
(E) PREVENT VIOLENCE AND THE USE OF FIREARMS IN THE CULTIVATION AND
DISTRIBUTION OF MARIHUANA;
(F) PREVENT DRUGGED DRIVING AND THE EXACERBATION OF OTHER ADVERSE
PUBLIC HEALTH CONSEQUENCES ASSOCIATED WITH THE USE OF MARIHUANA;
(G) PREVENT THE GROWING OF MARIHUANA ON PUBLIC LANDS AND THE ATTENDANT
PUBLIC SAFETY AND ENVIRONMENTAL DANGERS POSED BY MARIHUANA PRODUCTION ON
PUBLIC LANDS; AND
(H) PREVENT THE POSSESSION AND USE OF MARIHUANA ON FEDERAL PROPERTY.
4. RULES AND REGULATIONS PROMULGATED BY THE BUREAU PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION SHALL NOT PROHIBIT THE OPERATION OF MARI-
HUANA ESTABLISHMENTS EITHER EXPRESSLY OR THROUGH REGULATIONS THAT MAKE
THEIR OPERATION UNREASONABLY IMPRACTICABLE.
5. THE BUREAU, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE AND
MARKETS AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL PROMUL-
GATE NECESSARY RULES AND REGULATIONS GOVERNING THE SAFE PRODUCTION OF
MARIHUANA, INCLUDING RESTRICTIONS ON THE USE OF PESTICIDES, INSECTICIDES
AND HERBICIDES.
§ 174. PROVISIONS GOVERNING MARIHUANA PRODUCERS. 1. NO PRODUCER SHALL
SELL, OR AGREE TO SELL OR DELIVER IN THE STATE ANY MARIHUANA PRODUCTS,
AS THE CASE MAY BE, EXCEPT IN SEALED CONTAINERS CONTAINING QUANTITIES IN
ACCORDANCE WITH SIZE STANDARDS PURSUANT TO RULES ADOPTED BY THE BUREAU.
SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY BE
REQUIRED BY THE RULES OF THE BUREAU, TOGETHER WITH ALL NECESSARY NEW
YORK STATE EXCISE TAX STAMPS, AS REQUIRED BY LAW.
2. NO PRODUCER SHALL DELIVER ANY MARIHUANA PRODUCTS, EXCEPT IN VEHI-
CLES OWNED AND OPERATED BY SUCH PRODUCER, OR HIRED AND OPERATED BY SUCH
PRODUCER FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH THE
BUREAU, AND SHALL ONLY MAKE DELIVERIES AT THE LICENSED PREMISES OF THE
PURCHASER.
3. EACH PRODUCER SHALL KEEP AND MAINTAIN UPON THE LICENSED PREMISES,
ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS INVOLVING THE PRODUCER
AND SALE OF HIS OR ITS PRODUCTS, WHICH SHALL INCLUDE ALL INFORMATION
REQUIRED BY RULES PROMULGATED BY THE BUREAU. EACH SALE SHALL BE RECORDED
SEPARATELY ON A NUMBERED INVOICE, WHICH SHALL HAVE PRINTED THEREON THE
NUMBER, THE NAME OF THE LICENSEE, THE ADDRESS OF THE LICENSED PREMISES,
AND THE CURRENT LICENSE NUMBER. SUCH PRODUCER SHALL DELIVER TO THE
PURCHASER A TRUE DUPLICATE INVOICE STATING THE NAME AND ADDRESS OF THE
PURCHASER, THE QUANTITY PURCHASED, DESCRIPTION AND THE PRICE OF THE
PRODUCT, AND A TRUE, ACCURATE AND COMPLETE STATEMENT OF THE TERMS AND
CONDITIONS ON WHICH SUCH SALE IS MADE. SUCH BOOKS, RECORDS AND INVOICES
SHALL BE KEPT FOR A PERIOD OF TWO YEARS AND SHALL BE AVAILABLE FOR
INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE BUREAU.
4. NO PRODUCER SHALL FURNISH OR CAUSE TO BE FURNISHED TO ANY LICENSEE,
ANY EXTERIOR OR INTERIOR SIGN, PRINTED, PAINTED, ELECTRIC OR OTHERWISE,
EXCEPT AS AUTHORIZED BY THE BUREAU. THE BUREAU MAY MAKE SUCH RULES AS IT
DEEMS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THIS SUBDIVISION.
§ 175. PROVISIONS GOVERNING PROCESSORS. 1. NO PROCESSOR SHALL BE
ENGAGED IN ANY OTHER BUSINESS ON THE PREMISES TO BE LICENSED; EXCEPT
THAT NOTHING CONTAINED IN THIS CHAPTER SHALL PREVENT A MARIHUANA PRODUC-
ER AND A MARIHUANA PROCESSOR FROM OPERATING ON THE SAME PREMISES AND
FROM A PERSON HOLDING BOTH LICENSES.
2. NO PROCESSOR SHALL SELL, OR AGREE TO SELL OR DELIVER IN THE STATE
ANY MARIHUANA PRODUCTS, EXCEPT IN A SEALED PACKAGE CONTAINING QUANTITIES
S. 3040--A 30
IN ACCORDANCE WITH SIZE STANDARDS PURSUANT TO RULES ADOPTED BY THE
BUREAU. SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY BE
REQUIRED BY THE RULES OF THE BUREAU, TOGETHER WITH ALL NECESSARY NEW
YORK STATE EXCISE TAX STAMPS, AS REQUIRED BY LAW.
3. NO PROCESSOR SHALL DELIVER ANY PRODUCTS, EXCEPT IN VEHICLES OWNED
AND OPERATED BY SUCH PROCESSOR, OR HIRED AND OPERATED BY SUCH PROCESSOR
FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH THE BUREAU,
AND SHALL ONLY MAKE DELIVERIES AT THE LICENSED PREMISES OF THE PURCHAS-
ER.
4. EACH PROCESSOR SHALL KEEP AND MAINTAIN UPON THE LICENSED PREMISES,
ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS INVOLVING THE BUSINESS
TRANSACTED BY SUCH PROCESSOR, WHICH SHALL SHOW THE AMOUNT OF MARIHUANA
PRODUCTS, PURCHASED BY SUCH PROCESSOR TOGETHER WITH THE NAMES, LICENSE
NUMBERS AND PLACES OF BUSINESS OF THE PERSONS FROM WHOM THE SAME WAS
PURCHASED AND THE AMOUNT INVOLVED IN SUCH PURCHASES, AS WELL AS THE
AMOUNT OF MARIHUANA PRODUCTS SOLD BY SUCH PROCESSOR TOGETHER WITH THE
NAMES, ADDRESSES, AND LICENSE NUMBERS OF SUCH PURCHASERS. EACH SALE
SHALL BE RECORDED SEPARATELY ON A NUMBERED INVOICE, WHICH SHALL HAVE
PRINTED THEREON THE NUMBER, THE NAME OF THE LICENSEE, THE ADDRESS OF THE
LICENSED PREMISES, AND THE CURRENT LICENSE NUMBER. SUCH PROCESSOR SHALL
DELIVER TO THE PURCHASER A TRUE DUPLICATE INVOICE STATING THE NAME AND
ADDRESS OF THE PURCHASER, QUANTITY PURCHASED, DESCRIPTION AND THE PRICE
OF THE PRODUCT, AND A TRUE, ACCURATE AND COMPLETE STATEMENT OF THE TERMS
AND CONDITIONS ON WHICH SUCH SALE IS MADE. SUCH BOOKS, RECORDS AND
INVOICES SHALL BE KEPT FOR A PERIOD OF TWO YEARS AND SHALL BE AVAILABLE
FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE BUREAU.
§ 176. PROVISIONS GOVERNING MARIHUANA RETAILERS. 1. NO RETAIL LICENSE
SHALL BE GRANTED FOR ANY PREMISES, UNLESS THE APPLICANT SHALL BE THE
OWNER THEREOF, OR SHALL BE IN POSSESSION OF SAID PREMISES UNDER A LEASE,
MANAGEMENT AGREEMENT OR OTHER AGREEMENT GIVING THE APPLICANT CONTROL
OVER THE PREMISES, IN WRITING, FOR A TERM NOT LESS THAN THE LICENSE
PERIOD.
2. NO PREMISES SHALL BE LICENSED TO SELL MARIHUANA PRODUCTS, UNLESS
SAID PREMISES SHALL BE LOCATED IN A STORE, THE PRINCIPAL ENTRANCE TO
WHICH SHALL BE FROM THE STREET LEVEL AND LOCATED ON A PUBLIC THOROUGH-
FARE IN PREMISES WHICH MAY BE OCCUPIED, OPERATED OR CONDUCTED FOR BUSI-
NESS, TRADE OR INDUSTRY OR ON AN ARCADE OR SUB-SURFACE THOROUGHFARE
LEADING TO A RAILROAD TERMINAL. THERE MAY BE NOT MORE THAN ONE ADDI-
TIONAL ENTRANCE WHICH SHALL BE FROM THE STREET LEVEL AND LOCATED ON AND
GIVING ACCESS TO AND FROM A PUBLIC OR PRIVATE PARKING LOT OR PARKING
AREA HAVING SPACE FOR NOT LESS THAN FIVE AUTOMOBILES.
3. NO MARIHUANA RETAIL LICENSE SHALL BE GRANTED FOR ANY PREMISES WHICH
A LICENSE WOULD NOT BE ALLOWED TO SELL AT RETAIL FOR CONSUMPTION OF
ALCOHOL OFF THE PREMISES BASED ON ITS PROXIMITY TO A BUILDING OCCUPIED
EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP
PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
4. NO MARIHUANA RETAIL LICENSEE SHALL OFFER FOR SALE ANY MARIHUANA
PRODUCTS IN ANY OTHER CONTAINER, EXCEPT IN THE ORIGINAL SEALED PACKAGE,
AS RECEIVED FROM THE PRODUCER, DISTRIBUTOR OR PROCESSOR. SUCH CONTAINERS
SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY BE REQUIRED BY THE RULES
OF THE BUREAU, TOGETHER WITH ALL NEW YORK STATE EXCISE TAX STAMPS, AS
REQUIRED BY LAW. SUCH CONTAINERS SHALL NOT BE OPENED NOR ITS CONTENTS
CONSUMED ON THE PREMISES WHERE SOLD.
5. NO MARIHUANA RETAIL LICENSEE SHALL SELL OR TRANSFER MARIHUANA
PRODUCTS TO ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
S. 3040--A 31
6. NO MARIHUANA RETAIL LICENSEE SHALL SELL ALCOHOLIC BEVERAGES ON THE
SAME PREMISES WHERE MARIHUANA PRODUCTS ARE SOLD.
7. NO SIGN OF ANY KIND PRINTED, PAINTED OR ELECTRIC, ADVERTISING ANY
BRAND SHALL BE PERMITTED ON THE EXTERIOR OR INTERIOR OF SUCH PREMISES,
EXCEPT BY PERMISSION OF THE BUREAU.
8. NO RETAIL LICENSEE SHALL DELIVER ANY MARIHUANA PRODUCTS EXCEPT IN
VEHICLES OWNED AND OPERATED BY SUCH LICENSEE, OR HIRED AND OPERATED BY
SUCH LICENSEE FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH
THE BUREAU, AND SHALL ONLY MAKE SUCH DELIVERIES AT THE PREMISES OF THE
PURCHASER.
9. NO RETAIL LICENSEE SHALL KEEP OR PERMIT TO BE KEPT UPON THE
LICENSED PREMISES, ANY MARIHUANA PRODUCTS IN ANY UNSEALED CONTAINER.
10. NO RETAIL LICENSEE SHALL SELL OR DELIVER ANY MARIHUANA PRODUCTS TO
ANY PERSON WITH KNOWLEDGE OF, OR WITH REASONABLE CAUSE TO BELIEVE, THAT
THE PERSON TO WHOM SUCH MARIHUANA PRODUCTS ARE BEING SOLD, HAS ACQUIRED
THE SAME FOR THE PURPOSE OF PEDDLING THEM FROM PLACE TO PLACE, OR OF
SELLING OR GIVING THEM AWAY IN VIOLATION OF THE PROVISIONS OF THIS CHAP-
TER OR IN VIOLATION OF THE RULES AND REGULATIONS OF THE BUREAU.
11. NO PREMISES LICENSED AS A MARIHUANA RETAILER SHALL BE PERMITTED TO
REMAIN OPEN DURING A TIME WHEN A PREMISES LICENSED TO SELL LIQUOR AND/OR
WINE FOR OFF-PREMISES CONSUMPTION IS NOT PERMITTED TO REMAIN OPEN PURSU-
ANT TO THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
12. EACH MARIHUANA RETAIL LICENSEE SHALL KEEP AND MAINTAIN UPON THE
LICENSED PREMISES, ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS
INVOLVING THE BUSINESS TRANSACTED BY SUCH LICENSEE, WHICH SHALL SHOW THE
AMOUNT OF MARIHUANA PRODUCTS, PURCHASED BY SUCH LICENSEE TOGETHER WITH
THE NAMES, LICENSE NUMBERS AND PLACES OF BUSINESS OF THE PERSONS FROM
WHOM THE SAME WERE PURCHASED, AND THE AMOUNT INVOLVED IN SUCH PURCHASES,
AS WELL AS THE AMOUNT OF MARIHUANA PRODUCTS, SOLD BY SUCH LICENSEE, AND
THE AMOUNT INVOLVED IN EACH SALE. SUCH BOOKS AND RECORDS SHALL BE AVAIL-
ABLE FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE BUREAU.
13. ALL PREMISES LICENSED UNDER THIS SECTION SHALL BE SUBJECT TO
INSPECTION BY ANY PEACE OFFICER DESCRIBED IN SUBDIVISION FOUR OF SECTION
2.10 OF THE CRIMINAL PROCEDURE LAW ACTING PURSUANT TO HIS OR HER SPECIAL
DUTIES, OR POLICE OFFICER OR ANY DULY AUTHORIZED REPRESENTATIVE OF THE
BUREAU, DURING THE HOURS WHEN THE SAID PREMISES ARE OPEN FOR THE TRANS-
ACTION OF BUSINESS.
§ 177. PROVISIONS GOVERNING MARIHUANA ON-SITE CONSUMPTION LICENSES. 1.
NO MARIHUANA RETAILER OR MICROBUSINESS SHALL BE GRANTED A MARIHUANA
ON-SITE CONSUMPTION LICENSE FOR A PREMISES LOCATED IN WHOLE OR IN PART
INSIDE THE BOUNDARIES OF ANY CITY, VILLAGE OR TOWN, UNLESS THE LOCAL
LEGISLATIVE BODY OF SUCH CITY, VILLAGE OR TOWN, BY RESOLUTION, EXPRESSLY
AUTHORIZES THE LICENSING OF SUCH FACILITIES IN SUCH CITY, VILLAGE OR
TOWN. THE LOCAL LEGISLATIVE BODY MAY DIRECT AN APPROPRIATE OFFICER,
BOARD OR BODY OF SUCH CITY, VILLAGE OR TOWN AS THE LOCAL LICENSING
AUTHORITY TO AUTHORIZE INDIVIDUAL MARIHUANA FACILITY LICENSE APPLICA-
TIONS. IN CITIES OF ONE MILLION OR MORE RESIDENTS, SHOULD THE LOCAL
LEGISLATIVE BODY AUTHORIZE SUCH LICENSE, NO MARIHUANA RETAILER LICENSE
FOR CONSUMPTION ON-SITE SHALL BE GRANTED UNLESS THE COMMUNITY BOARD
ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK
CITY CHARTER WITH JURISDICTION OVER THE AREA IN WHICH THE PREMISES WILL
BE LOCATED SHALL ALSO AUTHORIZE SUCH LICENSE.
2. NO MARIHUANA RETAILER OR MICROBUSINESS SHALL BE GRANTED A MARIHUANA
ON-SITE CONSUMPTION LICENSE FOR ANY PREMISES, UNLESS THE APPLICANT SHALL
BE THE OWNER THEREOF, OR SHALL BE IN POSSESSION OF SAID PREMISES UNDER A
LEASE, IN WRITING, FOR A TERM NOT LESS THAN THE LICENSE PERIOD EXCEPT,
S. 3040--A 32
HOWEVER, THAT SUCH LICENSE MAY THEREAFTER BE RENEWED WITHOUT THE
REQUIREMENT OF A LEASE AS HEREIN PROVIDED. THIS SUBDIVISION SHALL NOT
APPLY TO PREMISES LEASED FROM GOVERNMENT AGENCIES, AS DEFINED UNDER
SUBDIVISION TWELVE-C OF SECTION THREE OF THIS CHAPTER; PROVIDED, HOWEV-
ER, THAT THE APPROPRIATE ADMINISTRATOR OF SUCH GOVERNMENT AGENCY
PROVIDES SOME FORM OF WRITTEN DOCUMENTATION REGARDING THE TERMS OF OCCU-
PANCY UNDER WHICH THE APPLICANT IS LEASING SAID PREMISES FROM THE
GOVERNMENT AGENCY FOR PRESENTATION TO THE BUREAU AT THE TIME OF THE
LICENSE APPLICATION. SUCH DOCUMENTATION SHALL INCLUDE THE TERMS OF OCCU-
PANCY BETWEEN THE APPLICANT AND THE GOVERNMENT AGENCY, INCLUDING, BUT
NOT LIMITED TO, ANY SHORT-TERM LEASING AGREEMENTS OR WRITTEN OCCUPANCY
AGREEMENTS.
3. NO MARIHUANA RETAILER OR MICROBUSINESS SHALL BE GRANTED A MARIHUANA
ON-SITE CONSUMPTION LICENSE FOR ANY PREMISES WHERE A LICENSE WOULD NOT
BE ALLOWED TO SELL AT RETAIL FOR CONSUMPTION OF ALCOHOL ON THE PREMISES
BASED ON ITS PROXIMITY TO A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL,
CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP PURSUANT TO THE PROVISIONS
OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
4. THE BUREAU MAY CONSIDER ANY OR ALL OF THE FOLLOWING IN DETERMINING
WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
PROMOTED BY THE GRANTING OF LICENSES AND PERMITS FOR A MARIHUANA ON-SITE
CONSUMPTION LICENSE AT A PARTICULAR UNLICENSED LOCATION:
(A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF.
(B) EVIDENCE THAT ALL NECESSARY LICENSES AND PERMITS HAVE BEEN
OBTAINED FROM THE STATE AND ALL OTHER GOVERNING BODIES.
(C) EFFECT OF THE GRANT OF THE LICENSE ON VEHICULAR TRAFFIC AND PARK-
ING IN PROXIMITY TO THE LOCATION.
(D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES.
(E) THE HISTORY OF MARIHUANA VIOLATIONS AND REPORTED CRIMINAL ACTIVITY
AT THE PROPOSED PREMISES.
(F) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO DETERMINE THE PUBLIC CONVENIENCE AND ADVANTAGE AND PUBLIC INTEREST OF
THE COMMUNITY.
5. IF THE BUREAU SHALL DISAPPROVE AN APPLICATION FOR A LICENSE OR
PERMIT, IT SHALL STATE AND FILE IN ITS OFFICES THE REASONS THEREFOR AND
SHALL NOTIFY THE APPLICANT THEREOF. SUCH APPLICANT MAY THEREUPON APPLY
TO THE BUREAU FOR A REVIEW OF SUCH ACTION IN A MANNER TO BE PRESCRIBED
BY THE RULES OF THE BUREAU. A HEARING UPON NOTICE TO THE APPLICANT SHALL
THEREUPON BE HELD BY THE BUREAU OR BY ONE OF ITS MEMBERS AT ITS OFFICE
MOST CONVENIENTLY SITUATED TO THE OFFICE OF ITS DULY AUTHORIZED REPRE-
SENTATIVE IN A MANNER TO BE PRESCRIBED IN ITS RULES; AND ON SUCH HEARING
PROOF MAY BE TAKEN BY ORAL TESTIMONY OR BY AFFIDAVIT RELATIVE THERETO.
AFTER SUCH HEARING, IF THE BUREAU CONFIRMS SUCH DISAPPROVAL, IT SHALL
ENDORSE SUCH APPLICATION ACCORDINGLY AND SHALL SEND NOTICE TO THE APPLI-
CANT OF ITS ACTION IN SUCH FORM AS THE BUREAU MAY PRESCRIBE. IF THE
BUREAU DOES NOT CONFIRM THE DISAPPROVAL ACTION IT MAY GRANT SUCH APPLI-
CATION AND ISSUE SUCH LICENSE.
6. NO MARIHUANA ON-SITE CONSUMPTION LICENSEE, EXCEPT PERSONS OR CORPO-
RATIONS OPERATING A HOTEL, AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
THREE OF THIS CHAPTER, FOR EXCLUSIVE USE IN THE FURNISHING OF ROOM
SERVICE IN THE MANNER PRESCRIBED BY RULE OR REGULATION OF THE BUREAU,
SHALL KEEP UPON THE LICENSED PREMISES ANY MARIHUANA PRODUCTS, EXCEPT
THOSE PURCHASED FROM A LICENSED PRODUCER, AND IN CONTAINERS APPROVED BY
THE BUREAU. SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS AS
S. 3040--A 33
MAY BE REQUIRED BY THE RULES OF THE BUREAU, TOGETHER WITH ALL NECESSARY
EXCISE STAMPS AS REQUIRED BY LAW. NO MARIHUANA RETAIL LICENSEE FOR
ON-SITE CONSUMPTION SHALL REUSE, REFILL, TAMPER WITH, ADULTERATE, DILUTE
OR FORTIFY THE CONTENTS OF ANY CONTAINER OF MARIHUANA PRODUCTS AS
RECEIVED FROM THE MANUFACTURER OR WHOLESALER.
7. NO MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL SELL, DELIVER OR
GIVE AWAY, OR CAUSE OR PERMIT OR PROCURE TO BE SOLD, DELIVERED OR GIVEN
AWAY ANY MARIHUANA FOR CONSUMPTION ON THE PREMISES WHERE SOLD IN A
CONTAINER OR PACKAGE CONTAINING MORE THAN ONE GRAM OF MARIHUANA.
8. NO MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL SUFFER OR PERMIT
ANY GAMBLING ON THE LICENSED PREMISES, OR SUFFER OR PERMIT SUCH PREMISES
TO BECOME DISORDERLY. THE USE OF THE LICENSED PREMISES, OR ANY PART
THEREOF, FOR THE SALE OF LOTTERY TICKETS, PLAYING OF BINGO OR GAMES OF
CHANCE, OR AS A SIMULCAST FACILITY OR SIMULCAST THEATER PURSUANT TO THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, WHEN DULY AUTHORIZED AND
LAWFULLY CONDUCTED THEREON, SHALL NOT CONSTITUTE GAMBLING WITHIN THE
MEANING OF THIS SUBDIVISION.
(A) NO MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL SUFFER OR PERMIT
ANY PERSON TO APPEAR ON LICENSED PREMISES IN SUCH MANNER OR ATTIRE AS TO
EXPOSE TO VIEW ANY PORTION OF THE PUBIC AREA, ANUS, VULVA OR GENITALS,
OR ANY SIMULATION THEREOF, NOR SHALL SUFFER OR PERMIT ANY FEMALE TO
APPEAR ON LICENSED PREMISES IN SUCH MANNER OR ATTIRE AS TO EXPOSE TO
VIEW ANY PORTION OF THE BREAST BELOW THE TOP OF THE AREOLA, OR ANY SIMU-
LATION THEREOF.
(B) NO MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL SUFFER, PERMIT OR
PROMOTE AN EVENT ON ITS PREMISES WHEREIN THE CONTESTANTS DELIVER, OR ARE
NOT FORBIDDEN BY THE APPLICABLE RULES THEREOF FROM DELIVERING KICKS,
PUNCHES OR BLOWS OF ANY KIND TO THE BODY OF AN OPPONENT OR OPPONENTS,
WHETHER OR NOT THE EVENT CONSISTS OF A PROFESSIONAL MATCH OR EXHIBITION,
AND WHETHER OR NOT THE EVENT OR ANY SUCH ACT, OR BOTH, IS DONE FOR
COMPENSATION; PROVIDED, HOWEVER, THAT THIS PROHIBITION SHALL NOT BE
APPLIED TO ANY PROFESSIONAL MATCH OR EXHIBITION WHICH CONSISTS OF
BOXING, SPARRING, WRESTLING, OR MARTIAL ARTS AND WHICH IS EXCEPTED FROM
THE DEFINITION OF THE TERM "COMBATIVE SPORT" CONTAINED IN SUBDIVISION
THREE OF SECTION ONE THOUSAND OF THE GENERAL BUSINESS LAW.
(C) IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, A VIOLATION OF
THIS SUBDIVISION SHALL CONSTITUTE AN ADEQUATE GROUND FOR INSTITUTING A
PROCEEDING TO SUSPEND, CANCEL OR REVOKE THE LICENSE OF THE VIOLATOR IN
ACCORDANCE WITH THE APPLICABLE PROCEDURES SPECIFIED IN SECTION ONE
HUNDRED NINETEEN OF THIS CHAPTER.
9. EXCEPT WHERE A PERMIT TO DO SO IS OBTAINED PURSUANT TO SECTION
405.10 OF THE PENAL LAW, NO MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL
SUFFER, PERMIT, OR PROMOTE AN EVENT ON ITS PREMISES WHEREIN ANY PERSON
SHALL USE, EXPLODE, OR CAUSE TO EXPLODE, ANY FIREWORKS OR OTHER PYRO-
TECHNICS IN A BUILDING AS DEFINED IN PARAGRAPH E OF SUBDIVISION ONE OF
SECTION 405.10 OF THE PENAL LAW, THAT IS COVERED BY SUCH LICENSE OR
POSSESS SUCH FIREWORKS OR PYROTECHNICS FOR SUCH PURPOSE. IN ADDITION TO
ANY OTHER PENALTY PROVIDED BY LAW, A VIOLATION OF THIS SUBDIVISION SHALL
CONSTITUTE AN ADEQUATE GROUND FOR INSTITUTING A PROCEEDING TO SUSPEND,
CANCEL, OR REVOKE THE LICENSE OF THE VIOLATOR IN ACCORDANCE WITH THE
APPLICABLE PROCEDURES SPECIFIED IN SECTION ONE HUNDRED NINETEEN OF THIS
CHAPTER; PROVIDED HOWEVER, IF MORE THAN ONE LICENSEE IS PARTICIPATING IN
A SINGLE EVENT, UPON APPROVAL BY THE BUREAU, ONLY ONE LICENSEE MUST
OBTAIN SUCH PERMIT.
10. NO RESTAURANT AND NO PREMISES LICENSED TO SELL MARIHUANA PRODUCTS
FOR ON-SITE CONSUMPTION UNDER PARAGRAPH (A) OF SUBDIVISION SIX OF
S. 3040--A 34
SECTION SIXTY-FOUR-A OF THIS CHAPTER SHALL BE PERMITTED TO HAVE ANY
OPENING OR MEANS OF ENTRANCE OR PASSAGEWAY FOR PERSONS OR THINGS BETWEEN
THE LICENSED PREMISES AND ANY OTHER ROOM OR PLACE IN THE BUILDING
CONTAINING THE LICENSED PREMISES, OR ANY ADJOINING OR ABUTTING PREMISES,
UNLESS INGRESS AND EGRESS IS RESTRICTED BY AN EMPLOYEE, AGENT OF THE
LICENSEE, OR OTHER APPROVED METHOD OF CONTROLLING ACCESS TO THE FACILI-
TY, OR UNLESS SUCH PREMISES ARE A BONA FIDE RESTAURANT WITH SUCH ACCESS
FOR PATRONS AND GUESTS FROM ANY PART OF SUCH BUILDING OR ADJOINING OR
ABUTTING PREMISES AS SHALL SERVE PUBLIC CONVENIENCE IN A REASONABLE AND
SUITABLE MANNER; OR UNLESS SUCH LICENSED PREMISES ARE IN A BUILDING
OWNED OR OPERATED BY ANY COUNTY, TOWN, CITY, VILLAGE OR PUBLIC AUTHORITY
OR AGENCY, IN A PARK OR OTHER SIMILAR PLACE OF PUBLIC ACCOMMODATION. ALL
GLASS IN ANY WINDOW OR DOOR ON SAID LICENSED PREMISES SHALL BE CLEAR AND
SHALL NOT BE OPAQUE, COLORED, STAINED OR FROSTED.
11. A VESSEL LICENSED TO SELL MARIHUANA PRODUCTS FOR ON-SITE CONSUMP-
TION SHALL NOT BE PERMITTED TO SELL ANY MARIHUANA PRODUCTS, WHILE SAID
VESSEL IS MOORED TO A PIER OR DOCK, EXCEPT THAT VESSELS SAILING ON
ESTABLISHED SCHEDULES SHALL BE PERMITTED TO SELL MARIHUANA PRODUCTS FOR
A PERIOD OF THREE HOURS PRIOR TO THE REGULAR ADVERTISED SAILING TIME.
12. EACH MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL KEEP AND MAIN-
TAIN UPON THE LICENSED PREMISES, ADEQUATE RECORDS OF ALL TRANSACTIONS
INVOLVING THE BUSINESS TRANSACTED BY SUCH LICENSEE WHICH SHALL SHOW THE
AMOUNT OF MARIHUANA PRODUCTS, IN AN APPLICABLE METRIC MEASUREMENT,
PURCHASED BY SUCH LICENSEE TOGETHER WITH THE NAMES, LICENSE NUMBERS AND
PLACES OF BUSINESS OF THE PERSONS FROM WHOM THE SAME WERE PURCHASED, THE
AMOUNT INVOLVED IN SUCH PURCHASES, AS WELL AS THE SALES OF MARIHUANA
PRODUCTS MADE BY SUCH LICENSEE. THE BUREAU IS HEREBY AUTHORIZED TO
PROMULGATE RULES AND REGULATIONS PERMITTING AN ON-SITE LICENSEE OPERAT-
ING TWO OR MORE PREMISES SEPARATELY LICENSED TO SELL MARIHUANA PRODUCTS
FOR ON-SITE CONSUMPTION TO INAUGURATE OR RETAIN IN THIS STATE METHODS OR
PRACTICES OF CENTRALIZED ACCOUNTING, BOOKKEEPING, CONTROL RECORDS,
REPORTING, BILLING, INVOICING OR PAYMENT RESPECTING PURCHASES, SALES OR
DELIVERIES OF MARIHUANA PRODUCTS, OR METHODS AND PRACTICES OF CENTRAL-
IZED RECEIPT OR STORAGE OF MARIHUANA PRODUCTS WITHIN THIS STATE WITHOUT
SEGREGATION OR EARMARKING FOR ANY SUCH SEPARATELY LICENSED PREMISES,
WHEREVER SUCH METHODS AND PRACTICES ASSURE THE AVAILABILITY, AT SUCH
LICENSEE'S CENTRAL OR MAIN OFFICE IN THIS STATE, OF DATA REASONABLY
NEEDED FOR THE ENFORCEMENT OF THIS CHAPTER. SUCH RECORDS SHALL BE AVAIL-
ABLE FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE BUREAU.
13. ALL RETAIL LICENSED PREMISES SHALL BE SUBJECT TO INSPECTION BY ANY
PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE
OFFICER AND BY THE DULY AUTHORIZED REPRESENTATIVES OF THE BUREAU, DURING
THE HOURS WHEN THE SAID PREMISES ARE OPEN FOR THE TRANSACTION OF BUSI-
NESS.
14. A MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL NOT PROVIDE MARI-
HUANA PRODUCTS TO ANY PERSON UNDER THE AGE OF TWENTY-ONE OR TO ANY
PERSON WHO IS VISIBLY IMPAIRED.
§ 178. ADVERTISING AND FORMS OF THE ISSUANCE OF LICENSES. 1. THE
BUREAU IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS GOVERN-
ING THE ADVERTISING OF MARIHUANA PRODUCERS, MARIHUANA PROCESSORS, MARI-
HUANA RETAILERS, AND ANY MARIHUANA RELATED PRODUCTS OR SERVICES.
2. THE BUREAU SHALL PROMULGATE EXPLICIT RULES PROHIBITING ADVERTISING
THAT:
(A) IS FALSE, DECEPTIVE, OR MISLEADING;
(B) PROMOTES OVERCONSUMPTION;
(C) DEPICTS CONSUMPTION BY CHILDREN OR OTHER MINORS;
S. 3040--A 35
(D) IS DESIGNED IN ANY WAY TO APPEAL TO CHILDREN OR OTHER MINORS;
(E) IS WITHIN TWO HUNDRED FEET OF THE PERIMETER OF A SCHOOL GROUNDS,
PLAYGROUND, CHILD CARE CENTER, PUBLIC PARK, OR LIBRARY;
(F) IS IN PUBLIC TRANSIT VEHICLES AND STATIONS;
(G) IS IN THE FORM OF AN UNSOLICITED INTERNET POP-UP; OR
(H) IS ON PUBLICLY OWNED OR OPERATED PROPERTY.
3. THE BUREAU SHALL PROMULGATE EXPLICIT RULES PROHIBITING ALL MARKET-
ING STRATEGIES AND IMPLEMENTATION INCLUDING, BUT NOT LIMITED TO, BRAND-
ING, PACKAGING, LABELING, LOCATION OF MARIHUANA RETAILERS AND MARIHUANA
MICROBUSINESSES, AND ADVERTISEMENTS THAT ARE DESIGNED TO:
(A) APPEAL TO PERSONS LESS THEN TWENTY-ONE YEARS OF AGE; OR
(B) DISSEMINATE FALSE OR MISLEADING INFORMATION TO CUSTOMERS.
4. THE BUREAU SHALL PROMULGATE EXPLICIT RULES REQUIRING THAT:
(A) ALL ADVERTISEMENTS AND MARKETING ACCURATELY AND LEGIBLY IDENTIFY
THE LICENSEE RESPONSIBLE FOR ITS CONTENT; AND
(B) ANY BROADCAST, CABLE, RADIO, PRINT AND DIGITAL COMMUNICATIONS
ADVERTISEMENTS ONLY BE PLACED WHERE THE AUDIENCE IS REASONABLY EXPECTED
TO BE TWENTY-ONE YEARS OF AGE OR OLDER, AS DETERMINED BY RELIABLE,
UP-TO-DATE AUDIENCE COMPOSITION DATA.
§ 179. PACKAGING OF MARIHUANA PRODUCTS. 1. THE BUREAU IS HEREBY
AUTHORIZED TO PROMULGATE RULES AND REGULATIONS GOVERNING THE PACKAGING
OF MARIHUANA PRODUCTS, SOLD OR POSSESSED FOR SALE IN NEW YORK STATE.
2. SUCH REGULATIONS SHALL INCLUDE REQUIRING THAT:
(A) PACKAGING MEETS REQUIREMENTS SIMILAR TO THE FEDERAL "POISON
PREVENTION PACKAGING ACT OF 1970," 15 U.S.C. SEC 1471 ET SEQ.;
(B) ALL MARIHUANA-INFUSED PRODUCTS SHALL HAVE A SEPARATE PACKAGING FOR
EACH SERVING;
(C) PRIOR TO DELIVERY OR SALE AT A RETAILER, MARIHUANA AND MARIHUANA
PRODUCTS SHALL BE LABELED AND PLACED IN A RESEALABLE, CHILD-RESISTANT
PACKAGE; AND
(D) PACKAGES AND LABELS SHALL NOT BE MADE TO BE ATTRACTIVE TO CHIL-
DREN.
§ 180. LABELING OF MARIHUANA PRODUCTS. 1. THE BUREAU IS HEREBY AUTHOR-
IZED TO PROMULGATE RULES AND REGULATIONS GOVERNING THE LABELING AND
OFFERING OF MARIHUANA PRODUCTS FOR SALE WITHIN THIS STATE.
2. SUCH RULES AND REGULATIONS SHALL BE CALCULATED TO: (A) PROHIBIT
DECEPTION OF THE CONSUMER; (B) AFFORD ADEQUATE INFORMATION AS TO QUALITY
AND IDENTITY OF THE PRODUCT; AND (C) ACHIEVE NATIONAL UNIFORMITY IN THIS
BUSINESS.
3. THE BUREAU MAY SEEK THE ASSISTANCE OF THE DEPARTMENT OF HEALTH WHEN
NECESSARY BEFORE PROMULGATING RULES AND REGULATIONS UNDER THIS SECTION.
4. SUCH REGULATIONS SHALL INCLUDE REQUIRING LABELS WARNING CONSUMERS
OF ANY POTENTIAL IMPACT ON HUMAN HEALTH RESULTING FROM THE CONSUMPTION
OF MARIHUANA PRODUCTS THAT SHALL BE AFFIXED TO THOSE PRODUCTS WHEN SOLD,
IF SUCH LABELS ARE DEEMED WARRANTED BY THE BUREAU AFTER CONSULTATION
WITH THE DEPARTMENT OF HEALTH.
5. ALL MARIHUANA AND MARIHUANA PRODUCT LABELS AND INSERTS SHALL
INCLUDE THE FOLLOWING INFORMATION PROMINENTLY DISPLAYED IN A CLEAR AND
LEGIBLE FASHION IN ACCORDANCE WITH THE REQUIREMENTS, INCLUDING FONT
SIZE, PRESCRIBED BY THE BUREAU OR THE DEPARTMENT OF HEALTH: NOT LESS
THAN 8 POINT FONT:
(A) MANUFACTURE DATE AND SOURCE;
(B) FOR PACKAGES CONTINUING ONLY DRIED FLOWER, THE NET WEIGHT OF MARI-
HUANA IN THE PACKAGE;
S. 3040--A 36
(C) IDENTIFICATION OF THE SOURCE AND DATE OF CULTIVATION, THE TYPE OF
MARIHUANA OR MARIHUANA PRODUCT AND THE DATE OF MANUFACTURING AND PACKAG-
ING;
(D) LIST OF PHARMACOLOGICALLY ACTIVE INGREDIENTS, INCLUDING, BUT NOT
LIMITED TO, TETRAHYDRICANNABINAL (THC), CANNIBIDIOL (CBP), AND OTHER
CANNABINOID CONTENT, THE THC AND OTHER CANNABINOID AMOUNT IN MILLIGRAMS
PER SERVING, SERVINGS PER PACKAGE, AND THE THC AND OTHER CANNIBINOID
AMOUNT IN MILLIGRAMS FOR THE PACKAGE TOTAL, AND THE POTENCY OF THE MARI-
HUANA OR MARIHUANA PRODUCT BY REFERENCE TO THE AMOUNT OF TETRAHYDROCAN-
NIBINOL AND CANIBIDIOL IN EACH SERVING;
(E) FOR MARIHUANA PRODUCTS, A LIST OF ALL INGREDIENTS AND DISCLOSURE
OF NUTRITIONAL INFORMATION IN THE SAME MANNER AS THE FEDERAL NUTRITIONAL
LABELING REQUIREMENTS IN 21 C.F.R. SECTION 101.9;
(F) A LIST OF ANY SOLVENTS, NONORGANIC PESTICIDES, HERBICIDES, AND
FERTILIZERS THAT WERE USED IN THE CULTIVATION, PRODUCTION, AND MANUFAC-
TURE OF SUCH MARIHUANA OR MARIHUANA PRODUCT;
(G) A WARNING IF NUTS OR OTHER KNOWN ALLERGENS ARE USED;
(H) INFORMATION ASSOCIATED WITH THE UNIQUE IDENTIFIER ISSUED BY THE
BUREAU OF MARIHUANA POLICY; AND
(I) ANY OTHER REQUIREMENTS SET BY THE BUREAU OF MARIHUANA POLICY.
6. ONLY GENERIC FOOD NAMES MAY BE USED TO DESCRIBE THE INGREDIENTS IN
EDIBLE MARIHUANA PRODUCTS.
7. SUCH RULES AND REGULATIONS SHALL ESTABLISH METHODS AND PROCEDURES
FOR DETERMINING SERVING SIZES FOR MARIHUANA-INFUSED PRODUCTS, ACTIVE
CANNABIS CONCENTRATION PER SERVING SIZE, AND NUMBER OF SERVINGS PER
CONTAINER. SUCH REGULATIONS SHALL ALSO REQUIRE A NUTRITIONAL FACT PANEL
THAT INCORPORATES DATA REGARDING SERVING SIZES AND POTENCY THEREOF.
8. SUCH RULES AND REGULATIONS SHALL REQUIRE INFORMATION CONTAINING THE
LICENSE NUMBER OF THE MARIHUANA PRODUCER AND PROCESSOR FACILITIES WHERE
THE MARIHUANA WAS GROWN AND PROCESSED.
9. THE PACKAGING, SALE, OR POSSESSION BY ANY LICENSEE OF ANY MARIHUANA
PRODUCT NOT LABELED OR OFFERED IN CONFORMITY WITH RULES AND REGULATIONS
PROMULGATED IN ACCORDANCE WITH THIS SECTION SHALL BE GROUNDS FOR THE
IMPOSITION OF A FINE, AND/OR THE SUSPENSION, REVOCATION OR CANCELLATION
OF THE LICENSE.
§ 181. SEED TO SALE TRACKING. 1. NO LATER THAN FIFTEEN MONTHS FOLLOW-
ING THE EFFECTIVE DATE OF THE MARIHUANA REGULATION AND TAXATION ACT, THE
BUREAU SHALL ESTABLISH A SEED TO SALE TRACKING PROGRAM FOR REPORTING THE
MOVEMENT OF MARIHUANA AND MARIHUANA PRODUCTS THROUGHOUT THE DISTRIBUTION
CHAIN THAT UTILIZES A UNIQUE IDENTIFIER AND SECURE PACKAGING AND IS
CAPABLE OF PROVIDING INFORMATION THAT CAPTURES, AT A MINIMUM, ALL OF THE
FOLLOWING:
(A) THE LICENSEE RECEIVING THE PRODUCT;
(B) THE TRANSACTION DATE; AND
(C) THE PRODUCER FROM WHICH THE PRODUCT ORIGINATES, INCLUDING THE
ASSOCIATED UNIQUE IDENTIFIER.
2. (A) THE BUREAU SHALL CREATE AN ELECTRONIC DATABASE CONTAINING THE
ELECTRONIC SHIPPING MANIFESTS TO FACILITATE THE ADMINISTRATION OF THE
SEED TO SALE PROGRAM TRACKING, WHICH SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING INFORMATION:
(B) THE QUANTITY, OR WEIGHT, AND VARIETY OF PRODUCTS SHIPPED;
(C) THE ESTIMATED TIMES OF DEPARTURE AND ARRIVAL;
(D) THE QUANTITY, OR WEIGHT, AND VARIETY OF PRODUCTS RECEIVED;
(E) THE ACTUAL TIME OF DEPARTURE AND ARRIVAL;
(F) A CATEGORIZATION OF THE PRODUCT; AND
S. 3040--A 37
(G) THE LICENSE NUMBER AND UNIQUE IDENTIFIER ISSUED BY THE BUREAU FOR
ALL LICENSEES INVOLVED IN THE SHIPPING PROCESS, INCLUDING, BUT NOT
LIMITED TO, PRODUCER, PROCESSOR, RETAILER, AND DELIVERY LICENSEES.
(3) THE DATABASE SHALL BE DESIGNED TO FLAG IRREGULARITIES FOR THE
BUREAU TO INVESTIGATE.
§ 182. RENEWALS OF LICENSES AND PERMITS. 1. EACH LICENSE AND PERMIT,
ISSUED PURSUANT TO THIS ARTICLE MAY BE RENEWED UPON APPLICATION THEREFOR
BY THE LICENSEE OR PERMITTEE AND THE PAYMENT OF THE ANNUAL FEE FOR SUCH
LICENSE OR PERMIT AS PRESCRIBED BY THIS ARTICLE. IN THE CASE OF APPLICA-
TIONS FOR RENEWALS, THE BUREAU MAY DISPENSE WITH THE REQUIREMENTS OF
SUCH STATEMENTS AS IT DEEMS UNNECESSARY IN VIEW OF THOSE CONTAINED IN
THE APPLICATION MADE FOR THE ORIGINAL LICENSE OR PERMIT, BUT IN ANY
EVENT THE SUBMISSION OF PHOTOGRAPHS OF THE LICENSED PREMISES SHALL BE
DISPENSED WITH, PROVIDED THE APPLICANT FOR SUCH RENEWAL SHALL FILE A
STATEMENT WITH SUCH BUREAU TO THE EFFECT THAT THERE HAS BEEN NO ALTER-
ATION OF SUCH PREMISES SINCE THE ORIGINAL LICENSE WAS ISSUED. THE
BUREAU MAY MAKE SUCH RULES AS MAY BE NECESSARY NOT INCONSISTENT WITH
THIS CHAPTER REGARDING APPLICATIONS FOR RENEWALS OF LICENSES AND PERMITS
AND THE TIME FOR MAKING THE SAME. EACH APPLICANT MUST SUBMIT TO THE
BUREAU DOCUMENTATION OF THE RACIAL, ETHNIC, AND GENDER DIVERSITY OF THE
APPLICANT'S EMPLOYEES AND OWNERS PRIOR TO A LICENSE OR PERMIT BEING
RENEWED.
2. THE BUREAU SHALL PROVIDE AN APPLICATION FOR RENEWAL OF A LICENSE
ISSUED UNDER THIS ARTICLE NOT LESS THAN SIXTY DAYS PRIOR TO THE EXPIRA-
TION OF THE CURRENT LICENSE.
§ 183. INFORMATION TO BE PROVIDED BY APPLICANTS. 1. THE FOLLOWING
SHALL BE THE INFORMATION REQUIRED ON AN APPLICATION FOR A LICENSE OR
PERMIT:
(A) A STATEMENT OF IDENTITY AS FOLLOWS:
(I) IF THE APPLICANT IS AN INDIVIDUAL, HIS OR HER NAME, DATE AND PLACE
OF BIRTH, CITIZENSHIP, PERMANENT HOME ADDRESS, TELEPHONE NUMBER AND
SOCIAL SECURITY NUMBER, AS WELL AS ANY OTHER NAMES BY WHICH HE OR SHE
HAS CONDUCTED A BUSINESS AT ANY TIME.
(II) IF THE APPLICANT IS A CORPORATION, THE CORPORATE NAME OF THE
APPLICANT, ITS PLACE OF INCORPORATION, ITS MAIN BUSINESS ADDRESS (AND IF
SUCH MAIN BUSINESS ADDRESS IS NOT WITHIN THE STATE, THE ADDRESS OF ITS
MAIN PLACE OF BUSINESS WITHIN THE STATE), OTHER NAMES BY WHICH IT HAS
BEEN KNOWN OR HAS CONDUCTED BUSINESS AT ANY TIME, ITS TELEPHONE NUMBER,
ITS FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND THE NAMES, AGES, CITI-
ZENSHIP, AND PERMANENT HOME ADDRESSES OF ITS DIRECTORS, OFFICERS AND ITS
SHAREHOLDERS (EXCEPT THAT IF THERE BE MORE THAN TEN SHAREHOLDERS THEN
THOSE SHAREHOLDERS HOLDING TEN PERCENT OR MORE OF ANY CLASS OF ITS
SHARES).
(III) IF THE APPLICANT IS A PARTNERSHIP, ITS NAME, ITS MAIN BUSINESS
ADDRESS (AND IF SUCH MAIN BUSINESS ADDRESS IS NOT WITHIN THE STATE, THE
ADDRESS OF ITS MAIN PLACE OF BUSINESS WITHIN THE STATE), OTHER NAMES BY
WHICH IT HAS BEEN KNOWN OR HAS CONDUCTED BUSINESS AT ANY TIME, ITS TELE-
PHONE NUMBER, ITS FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND THE NAMES,
AGES, CITIZENSHIP, AND PERMANENT HOME ADDRESSES OF EACH OF ITS PARTNERS.
(B) A STATEMENT IDENTIFYING THE STREET AND NUMBER OF THE PREMISES TO
BE LICENSED, IF THE PREMISES HAS A STREET AND NUMBER, AND OTHERWISE SUCH
DESCRIPTION AS WILL REASONABLY INDICATE THE LOCALITY THEREOF; PHOTO-
GRAPHS, DRAWINGS OR OTHER ITEMS RELATED TO THE APPEARANCE OF THE INTERI-
OR OR EXTERIOR OF SUCH PREMISES, AND A FLOOR PLAN OF THE INTERIOR, SHALL
BE REQUIRED. THE APPLICANT SHALL ALSO STATE THE NATURE OF HIS OR HER
INTEREST IN THE PREMISES; AND THE NAME OF ANY OTHER PERSON INTERESTED AS
S. 3040--A 38
A PARTNER, JOINT VENTURER, INVESTOR OR LENDER WITH THE APPLICANT EITHER
IN THE PREMISES OR IN THE BUSINESS TO BE LICENSED.
(C) A DESCRIPTION OF ANY OTHER MARIHUANA LICENSE OR PERMIT UNDER THIS
ARTICLE, WITHIN THE PAST TEN YEARS, THE APPLICANT (INCLUDING ANY OFFI-
CERS, DIRECTORS, SHAREHOLDERS OR PARTNERS LISTED IN THE STATEMENT OF
IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION OR THE SPOUSE OF ANY
SUCH PERSON) OR THE APPLICANT'S SPOUSE HELD OR APPLIED FOR.
(D) A DESCRIPTION OF THE APPLICANT'S PLAN TO ENSURE DIVERSITY AMONG
THE APPLICANT'S EMPLOYEES, INCLUDING STRATEGIES FOR ENSURING:
(I) GENDER DIVERSITY;
(II) RACIAL AND ETHNIC DIVERSITY THAT REFLECTS THE DEMOGRAPHICS WITHIN
THE MUNICIPALITY IN WHICH THE APPLICANT'S PROPOSED BUSINESS WILL BE
LOCATED; AND
(III) THAT PERSONS WITH PRIOR CRIMINAL CONVICTIONS ARE NOT BARRED FROM
EMPLOYMENT.
(E) A STATEMENT THAT THE LOCATION AND LAYOUT OF THE PREMISES TO BE
LICENSED DOES NOT VIOLATE ANY REQUIREMENT OF THIS CHAPTER RELATING TO
LOCATION AND LAYOUT OF LICENSED PREMISES, WITH A COPY OF THE CERTIFICATE
OF OCCUPANCY FOR THE PREMISES.
(F) A STATEMENT THAT THE APPLICANT HAS CONTROL OF THE PREMISES TO BE
LICENSED BY OWNERSHIP OF A FEE INTEREST OR VIA A LEASEHOLD, MANAGEMENT
AGREEMENT, OR OTHER AGREEMENT GIVING THE APPLICANT CONTROL OVER THE
PREMISES, WITH A TERM AT LEAST AS LONG AS THE LICENSE FOR WHICH THE
APPLICATION IS BEING MADE, OR BY A BINDING CONTRACT TO ACQUIRE THE SAME
AND A STATEMENT OF IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION FOR
THE LESSOR OF ANY LEASEHOLD, MANAGER OF ANY MANAGEMENT AGREEMENT, OR
OTHER AGREEMENT GIVING THE APPLICANT CONTROL OVER THE PREMISES, WITH A
COPY OF THE LEASE, CONTRACT, MANAGEMENT AGREEMENT, OR OTHER AGREEMENT
GIVING THE APPLICANT CONTROL OVER THE FOOD AND BEVERAGE AT THE PREMISES,
OR DEED EVIDENCING FEE OWNERSHIP OF THE PREMISES.
(G) A FINANCIAL STATEMENT ADEQUATE TO SHOW ALL PERSONS WHO, DIRECTLY
OR INDIRECTLY HAVE AN ECONOMIC INTEREST IN THE ESTABLISHMENT OR ACQUISI-
TION OF THE BUSINESS FOR WHICH THE LICENSE OR PERMIT APPLICATION IS
BEING MADE, TO IDENTIFY THE SOURCES OF FUNDS TO BE APPLIED IN SUCH
ESTABLISHMENT OR ACQUISITION, AND TO DESCRIBE THE TERMS AND CONDITIONS
GOVERNING SUCH ESTABLISHMENT WITH COPIES OF SUCH FINANCIAL DOCUMENTS AS
THE BUREAU MAY REASONABLY REQUIRE.
(H) THE FINGERPRINTS OF THE APPLICANTS. FINGERPRINTS SUBMITTED BY THE
APPLICANTS SHALL BE TRANSMITTED TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND MAY BE SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION FOR
STATE AND NATIONAL CRIMINAL HISTORY RECORD CHECKS.
2. ALL LICENSE OR PERMIT APPLICATIONS SHALL BE SIGNED BY THE APPLICANT
(IF AN INDIVIDUAL), BY A MANAGING PARTNER (IF A LIMITED LIABILITY CORPO-
RATION), BY AN OFFICER (IF A CORPORATION), OR BY ALL PARTNERS (IF A
PARTNERSHIP). EACH PERSON SIGNING SUCH APPLICATION SHALL VERIFY IT OR
AFFIRM IT AS TRUE UNDER THE PENALTIES OF PERJURY.
3. ALL LICENSE OR PERMIT APPLICATIONS SHALL BE ACCOMPANIED BY A CHECK,
DRAFT OR OTHER FORMS OF PAYMENT AS THE BUREAU MAY REQUIRE OR AUTHORIZE
IN THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE OR PERMIT.
4. IF THERE BE ANY CHANGE, AFTER THE FILING OF THE APPLICATION OR THE
GRANTING OF A LICENSE, IN ANY OF THE FACTS REQUIRED TO BE SET FORTH IN
SUCH APPLICATION, A SUPPLEMENTAL STATEMENT GIVING NOTICE OF SUCH CHANGE,
COST AND SOURCE OF MONEY INVOLVED IN THE CHANGE, DULY VERIFIED, SHALL BE
FILED WITH THE BUREAU WITHIN TEN DAYS AFTER SUCH CHANGE. FAILURE TO DO
SO SHALL, IF WILLFUL AND DELIBERATE, BE CAUSE FOR REVOCATION OF THE
LICENSE.
S. 3040--A 39
5. IN GIVING ANY NOTICE, OR TAKING ANY ACTION IN REFERENCE TO A LICEN-
SEE OF A LICENSED PREMISES, THE BUREAU MAY RELY UPON THE INFORMATION
FURNISHED IN SUCH APPLICATION AND IN ANY SUPPLEMENTAL STATEMENT
CONNECTED THEREWITH, AND SUCH INFORMATION MAY BE PRESUMED TO BE CORRECT,
AND SHALL BE BINDING UPON A LICENSEE OR LICENSED PREMISES AS IF CORRECT.
ALL INFORMATION REQUIRED TO BE FURNISHED IN SUCH APPLICATION OR SUPPLE-
MENTAL STATEMENTS SHALL BE DEEMED MATERIAL IN ANY PROSECUTION FOR PERJU-
RY, ANY PROCEEDING TO REVOKE, CANCEL OR SUSPEND ANY LICENSE, AND IN THE
BUREAU'S DETERMINATION TO APPROVE OR DENY THE LICENSE.
6. THE BUREAU MAY IN ITS DISCRETION WAIVE THE SUBMISSION OF ANY CATE-
GORY OF INFORMATION DESCRIBED IN THIS SECTION FOR ANY CATEGORY OF
LICENSE OR PERMIT, PROVIDED THAT IT SHALL NOT BE PERMITTED TO WAIVE THE
REQUIREMENT FOR SUBMISSION OF ANY SUCH CATEGORY OF INFORMATION SOLELY
FOR AN INDIVIDUAL APPLICANT OR APPLICANTS.
§ 184. NOTIFICATION TO MUNICIPALITIES. 1. NOT LESS THAN THIRTY DAYS
BEFORE FILING ANY OF THE FOLLOWING APPLICATIONS, AN APPLICANT SHALL
NOTIFY THE MUNICIPALITY IN WHICH THE PREMISES IS LOCATED OF SUCH APPLI-
CANT'S INTENT TO FILE SUCH AN APPLICATION FOR A:
(A) MARIHUANA PRODUCER LICENSE;
(B) MARIHUANA PROCESSOR LICENSE;
(C) MARIHUANA MICROBUSINESS LICENSE;
(D) MARIHUANA RETAILER LICENSE;
(E) MARIHUANA RETAILER LICENSE FOR ON-SITE CONSUMPTION;
(F) MARIHUANA DELIVERY LICENSE;
(G) MARIHUANA TESTING LICENSE; AND/OR
(H) ANY OTHER TYPE OF LICENSES ALLOWED BY THE BUREAU.
2. SUCH NOTIFICATION SHALL BE MADE TO THE CLERK OF THE VILLAGE, TOWN
OR CITY, AS THE CASE MAY BE, WHEREIN THE PREMISES IS LOCATED. FOR
PURPOSES OF THIS SECTION:
(A) NOTIFICATION NEED ONLY BE GIVEN TO THE CLERK OF A VILLAGE WHEN THE
PREMISES IS LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE; AND
(B) IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSUANT
TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH JURIS-
DICTION OVER THE AREA IN WHICH THE PREMISES IS LOCATED SHALL BE CONSID-
ERED THE APPROPRIATE PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.
3. FOR PURPOSES OF THIS SECTION, "SUBSTANTIAL CORPORATE CHANGE" SHALL
MEAN:
(A) FOR A CORPORATION, A CHANGE OF EIGHTY PERCENT OR MORE OF THE OFFI-
CERS AND/OR DIRECTORS, OR A TRANSFER OF EIGHTY PERCENT OR MORE OF STOCK
OF SUCH CORPORATION, OR AN EXISTING STOCKHOLDER OBTAINING EIGHTY PERCENT
OR MORE OF THE STOCK OF SUCH CORPORATION; AND
(B) FOR A LIMITED LIABILITY COMPANY, A CHANGE OF EIGHTY PERCENT OR
MORE OF THE MANAGING MEMBERS OF THE COMPANY, OR A TRANSFER OF EIGHTY
PERCENT OR MORE OF OWNERSHIP INTEREST IN SAID COMPANY, OR AN EXISTING
MEMBER OBTAINING A CUMULATIVE OF EIGHTY PERCENT OR MORE OF THE OWNERSHIP
INTEREST IN SAID COMPANY.
4. SUCH NOTIFICATION SHALL BE MADE IN SUCH FORM AS SHALL BE PRESCRIBED
BY THE RULES OF THE BUREAU.
5. A MUNICIPALITY MAY EXPRESS AN OPINION FOR OR AGAINST THE GRANTING
OF SUCH APPLICATION. ANY SUCH OPINION SHALL BE DEEMED PART OF THE RECORD
UPON WHICH THE BUREAU MAKES ITS DETERMINATION TO GRANT OR DENY THE
APPLICATION.
6. SUCH NOTIFICATION SHALL BE MADE BY: CERTIFIED MAIL, RETURN RECEIPT
REQUESTED; OVERNIGHT DELIVERY SERVICE WITH PROOF OF MAILING; OR PERSONAL
SERVICE UPON THE OFFICES OF THE CLERK OR COMMUNITY BOARD.
S. 3040--A 40
7. THE BUREAU SHALL REQUIRE SUCH NOTIFICATION TO BE ON A STANDARDIZED
FORM THAT CAN BE OBTAINED ON THE INTERNET OR FROM THE BUREAU AND SUCH
NOTIFICATION TO INCLUDE:
(A) THE TRADE NAME OR "DOING BUSINESS AS" NAME, IF ANY, OF THE ESTAB-
LISHMENT;
(B) THE FULL NAME OF THE APPLICANT;
(C) THE STREET ADDRESS OF THE ESTABLISHMENT, INCLUDING THE FLOOR
LOCATION OR ROOM NUMBER, IF APPLICABLE;
(D) THE MAILING ADDRESS OF THE ESTABLISHMENT, IF DIFFERENT THAN THE
STREET ADDRESS;
(E) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE ATTORNEY OR REPRE-
SENTATIVE OF THE APPLICANT, IF ANY;
(F) A STATEMENT INDICATING WHETHER THE APPLICATION IS FOR:
(I) A NEW ESTABLISHMENT;
(II) A TRANSFER OF AN EXISTING LICENSED BUSINESS;
(III) A RENEWAL OF AN EXISTING LICENSE; OR
(IV) AN ALTERATION OF AN EXISTING LICENSED PREMISES;
(G) IF THE ESTABLISHMENT IS A TRANSFER OR PREVIOUSLY LICENSED PREM-
ISES, THE NAME OF THE OLD ESTABLISHMENT AND SUCH ESTABLISHMENT'S LICENSE
SERIAL NUMBER;
(H) IN THE CASE OF A RENEWAL OR ALTERATION APPLICATION, THE LICENSE
SERIAL NUMBER OF THE APPLICANT; AND
(I) THE TYPE OF LICENSE.
§ 185. LICENSES, PUBLICATION, GENERAL PROVISIONS. 1. THE VARIOUS TYPES
OF LICENSES ISSUED PURSUANT TO THIS ARTICLE SHALL BE DISTINCTIVE IN
COLOR AND DESIGN SO AS TO BE READILY DISTINGUISHABLE FROM EACH OTHER.
2. NO LICENSE SHALL BE TRANSFERABLE OR ASSIGNABLE EXCEPT THAT NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, THE LICENSE OF A SOLE PROPRIETOR
CONVERTING TO CORPORATE FORM, WHERE SUCH PROPRIETOR BECOMES THE SOLE
STOCKHOLDER AND ONLY OFFICER AND DIRECTOR OF SUCH NEW CORPORATION, MAY
BE TRANSFERRED TO THE SUBJECT CORPORATION IF ALL REQUIREMENTS OF THIS
CHAPTER REMAIN THE SAME WITH RESPECT TO SUCH LICENSE AS TRANSFERRED AND,
FURTHER, THE LICENSEE SHALL TRANSMIT TO THE BUREAU, WITHIN TEN DAYS OF
THE TRANSFER OF LICENSE ALLOWABLE UNDER THIS SUBDIVISION, ON A FORM
PRESCRIBED BY THE BUREAU, NOTIFICATION OF THE TRANSFER OF SUCH LICENSE.
3. NO LICENSE SHALL BE PLEDGED OR DEPOSITED AS COLLATERAL SECURITY FOR
ANY LOAN OR UPON ANY OTHER CONDITION; AND ANY SUCH PLEDGE OR DEPOSIT,
AND ANY CONTRACT PROVIDING THEREFOR, SHALL BE VOID.
4. LICENSES ISSUED UNDER THIS ARTICLE SHALL CONTAIN, IN ADDITION TO
ANY FURTHER INFORMATION OR MATERIAL TO BE PRESCRIBED BY THE RULES OF THE
BUREAU, THE FOLLOWING INFORMATION: (A) NAME OF PERSON TO WHOM LICENSE IS
ISSUED; (B) KIND OF LICENSE AND WHAT KIND OF TRAFFIC IN MARIHUANA IS
THEREBY PERMITTED; (C) DESCRIPTION BY STREET AND NUMBER, OR OTHERWISE,
OF LICENSED PREMISES; AND (D) A STATEMENT IN SUBSTANCE THAT SUCH LICENSE
SHALL NOT BE DEEMED A PROPERTY OR VESTED RIGHT, AND THAT IT MAY BE
REVOKED AT ANY TIME PURSUANT TO LAW.
5. THERE SHALL BE PRINTED AND FURNISHED BY THE BUREAU TO EACH LICENSEE
A STATEMENT OF THE CAUSES FOR WHICH LICENSES MAY BE REVOKED. SUCH STATE-
MENT SHALL BE PREPARED BY THE BUREAU AND DELIVERED TO THE LICENSEE WITH
HIS OR HER LICENSE OR AS SOON THEREAFTER AS MAY BE PRACTICABLE. ANY
AMENDMENTS THERETO SHALL ALSO BE SENT BY THE BUREAU TO ALL LICENSEES AS
SOON AS MAY BE PRACTICABLE AFTER SUCH AMENDMENTS. FAILURE TO SEND SUCH
STATEMENTS OR CHANGES THEREIN, OR FAILURE TO RECEIVE THE SAME, OR ANY
MISSTATEMENT OR ERROR CONTAINED IN SUCH STATEMENTS OR AMENDMENTS SHALL,
HOWEVER, NOT BE AN EXCUSE OR JUSTIFICATION FOR ANY VIOLATION OF LAW, OR
PREVENT, OR REMIT, OR DECREASE ANY PENALTY OR FORFEITURE THEREFOR.
S. 3040--A 41
6. BEFORE COMMENCING OR DOING ANY BUSINESS FOR THE TIME FOR WHICH A
LICENSE HAS BEEN ISSUED SAID LICENSE SHALL BE ENCLOSED IN A SUITABLE
WOOD OR METAL FRAME HAVING A CLEAR GLASS SPACE AND A SUBSTANTIAL WOOD OR
METAL BACK SO THAT THE WHOLE OF SAID LICENSE MAY BE SEEN THEREIN, AND
SHALL BE POSTED UP AND AT ALL TIMES DISPLAYED IN A CONSPICUOUS PLACE IN
THE ROOM WHERE SUCH BUSINESS IS CARRIED ON, SO THAT ALL PERSONS VISITING
SUCH PLACE MAY READILY SEE THE SAME. IT SHALL BE UNLAWFUL FOR ANY PERSON
HOLDING A LICENSE TO POST SUCH LICENSE OR TO PERMIT SUCH LICENSE TO BE
POSTED UPON PREMISES OTHER THAN THE PREMISES LICENSED, OR UPON PREMISES
WHERE TRAFFIC IN MARIHUANA IS BEING CARRIED ON BY ANY PERSON OTHER THAN
THE LICENSEE, OR KNOWINGLY TO DEFACE, DESTROY OR ALTER ANY SUCH LICENSE
IN ANY RESPECT. WHENEVER A LICENSE SHALL BE LOST OR DESTROYED WITHOUT
FAULT ON THE PART OF THE LICENSEE OR HIS OR HER AGENTS OR EMPLOYEES, A
DUPLICATE LICENSE IN LIEU THEREOF MAY BE ISSUED BY THE BUREAU IN ITS
DISCRETION AND IN ACCORDANCE WITH SUCH RULES AND REGULATIONS AND THE
PAYMENT OF SUCH FEES, NOT EXCEEDING FIVE DOLLARS, AS IT MAY PRESCRIBE.
§ 186. REVOCATION OF LICENSES FOR CAUSE. 1. ANY LICENSE OR PERMIT
ISSUED PURSUANT TO THIS ARTICLE MAY BE REVOKED, CANCELLED, SUSPENDED
AND/OR SUBJECTED TO THE IMPOSITION OF A CIVIL PENALTY FOR CAUSE, AND
MUST BE REVOKED FOR THE FOLLOWING CAUSES:
(A) CONVICTION OF THE LICENSEE, PERMITTEE OR HIS OR HER AGENT OR
EMPLOYEE FOR SELLING ANY ILLEGAL MARIHUANA OR MARIHUANA PRODUCTS ON THE
PREMISES LICENSED.
(B) FOR TRANSFERRING, ASSIGNING OR HYPOTHECATING A LICENSE OR PERMIT.
2. NOTWITHSTANDING THE ISSUANCE OF A LICENSE OR PERMIT BY WAY OF
RENEWAL, THE BUREAU MAY REVOKE, CANCEL OR SUSPEND SUCH LICENSE OR PERMIT
AND/OR MAY IMPOSE A CIVIL PENALTY AGAINST ANY HOLDER OF SUCH LICENSE OR
PERMIT, AS PRESCRIBED BY THIS SECTION AND SECTION ONE HUNDRED NINETEEN
OF THIS CHAPTER, FOR CAUSES OR VIOLATIONS OCCURRING DURING THE LICENSE
PERIOD IMMEDIATELY PRECEDING THE ISSUANCE OF SUCH LICENSE OR PERMIT, AND
MAY RECOVER, AS PROVIDED IN SECTION ONE HUNDRED TWELVE OF THIS CHAPTER,
THE PENAL SUM OF THE BOND ON FILE DURING SAID PERIOD.
3. AS USED IN THIS SECTION, THE TERM "FOR CAUSE" SHALL ALSO INCLUDE
THE EXISTENCE OF A SUSTAINED AND CONTINUING PATTERN OF NOISE, DISTURB-
ANCE, MISCONDUCT, OR DISORDER ON OR ABOUT THE LICENSED PREMISES, RELATED
TO THE OPERATION OF THE PREMISES OR THE CONDUCT OF ITS PATRONS, WHICH
ADVERSELY AFFECTS THE HEALTH, WELFARE OR SAFETY OF THE INHABITANTS OF
THE AREA IN WHICH SUCH LICENSED PREMISES ARE LOCATED.
4. THE EXISTENCE OF A SUSTAINED AND CONTINUING PATTERN OF NOISE,
DISTURBANCE, MISCONDUCT, OR DISORDER ON OR ABOUT THE LICENSED PREMISES,
RELATED TO THE OPERATION OF THE PREMISES OR THE CONDUCT OF ITS PATRONS,
WILL BE PRESUMED UPON THE SIXTH INCIDENT REPORTED TO THE BUREAU BY A LAW
ENFORCEMENT AGENCY OF NOISE OR DISTURBANCE OR MISCONDUCT OR DISORDER ON
OR ABOUT THE LICENSED PREMISES OR RELATED TO THE OPERATION OF THE PREM-
ISES OR THE CONDUCT OF ITS PATRONS, IN ANY SIXTY DAY PERIOD, ABSENT
CLEAR AND CONVINCING EVIDENCE OF EITHER FRAUDULENT INTENT ON THE PART OF
ANY COMPLAINANT OR A FACTUAL ERROR WITH RESPECT TO THE CONTENT OF ANY
REPORT CONCERNING SUCH COMPLAINT RELIED UPON BY THE BUREAU.
§ 187. PROCEDURE FOR REVOCATION OR CANCELLATION. 1. ANY LICENSE OR
PERMIT ISSUED BY THE BUREAU PURSUANT TO THIS ARTICLE MAY BE REVOKED,
CANCELLED OR SUSPENDED AND/OR BE SUBJECTED TO THE IMPOSITION OF A MONE-
TARY PENALTY IN THE MANNER PRESCRIBED BY THIS SECTION.
2. THE BUREAU MAY ON ITS OWN INITIATIVE OR ON COMPLAINT OF ANY PERSON
INSTITUTE PROCEEDINGS TO REVOKE, CANCEL OR SUSPEND ANY RETAIL LICENSE
AND MAY IMPOSE A CIVIL PENALTY AGAINST THE LICENSEE AFTER A HEARING AT
WHICH THE LICENSEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH HEAR-
S. 3040--A 42
ING SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE
PRESCRIBED BY THE RULES OF THE BUREAU.
3. ALL OTHER LICENSES OR PERMITS ISSUED UNDER THIS ARTICLE MAY BE
REVOKED, CANCELLED, SUSPENDED AND/OR MADE SUBJECT TO THE IMPOSITION OF A
CIVIL PENALTY BY THE BUREAU AFTER A HEARING TO BE HELD IN THE MANNER TO
BE DETERMINED BY THE RULES OF THE BUREAU.
4. (A) THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY IN ALL CASES OF
LICENSEE OR PERMITTEE FAILURE AFTER RECEIVING APPROPRIATE NOTICE, TO
COMPLY WITH A SUMMONS, SUBPOENA OR WARRANT RELATING TO A PATERNITY OR
CHILD SUPPORT PROCEEDING AND ARREARS IN PAYMENT OF CHILD SUPPORT OR
COMBINED CHILD AND SPOUSAL SUPPORT REFERRED TO THE BUREAU BY A COURT
PURSUANT TO THE REQUIREMENTS OF SECTION TWO HUNDRED FORTY-FOUR-C OF THE
DOMESTIC RELATIONS LAW OR PURSUANT TO SECTION FOUR HUNDRED FIFTY-EIGHT-B
OR FIVE HUNDRED FORTY-EIGHT-B OF THE FAMILY COURT ACT.
(B) UPON RECEIPT OF AN ORDER FROM THE COURT BASED ON ARREARS IN
PAYMENT OF CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT PURSUANT
TO ONE OF THE FOREGOING PROVISIONS OF LAW, THE BUREAU, IF IT FINDS SUCH
PERSON TO HAVE BEEN ISSUED A LICENSE OR PERMIT, SHALL WITHIN THIRTY DAYS
OF RECEIPT OF SUCH ORDER FROM THE COURT, PROVIDE NOTICE TO THE LICENSEE
OR PERMITTEE OF, AND INITIATE, A HEARING WHICH SHALL BE HELD AT LEAST
TWENTY DAYS AND NO MORE THAN THIRTY DAYS AFTER THE SENDING OF SUCH
NOTICE TO THE LICENSEE OR PERMITTEE. THE HEARING SHALL BE SOLELY HELD
FOR THE PURPOSE OF DETERMINING WHETHER THERE EXISTS AS OF THE DATE OF
THE HEARING PROOF THAT FULL PAYMENT OF ALL ARREARS OF SUPPORT ESTAB-
LISHED BY THE ORDER OF THE COURT TO BE DUE FROM THE LICENSEE OR PERMIT-
TEE HAVE BEEN PAID. PROOF OF SUCH PAYMENT SHALL BE A CERTIFIED CHECK
SHOWING FULL PAYMENT OF ESTABLISHED ARREARS OR A NOTICE ISSUED BY THE
COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE ORDER IS PAYABLE TO THE
SUPPORT COLLECTION UNIT DESIGNATED BY THE APPROPRIATE SOCIAL SERVICES
DISTRICT. SUCH NOTICE SHALL STATE THAT FULL PAYMENT OF ALL ARREARS OF
SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE HAVE BEEN PAID.
THE LICENSEE OR PERMITTEE SHALL BE GIVEN FULL OPPORTUNITY TO PRESENT
SUCH PROOF OF PAYMENT AT THE HEARING IN PERSON OR BY COUNSEL. THE ONLY
ISSUE TO BE DETERMINED BY THE BUREAU AS A RESULT OF THE HEARING IS
WHETHER THE ARREARS HAVE BEEN PAID. NO EVIDENCE WITH RESPECT TO THE
APPROPRIATENESS OF THE COURT ORDER OR ABILITY OF THE RESPONDENT PARTY IN
ARREARS TO COMPLY WITH SUCH ORDER SHALL BE RECEIVED OR CONSIDERED BY THE
BUREAU.
(C) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH LICENSE OR PERMIT SHALL
BE SUSPENDED IF AT THE HEARING, PROVIDED FOR BY PARAGRAPH (B) OF THIS
SUBDIVISION, THE LICENSEE OR PERMITTEE FAILS TO PRESENT PROOF OF PAYMENT
AS REQUIRED BY SUCH PARAGRAPH. SUCH SUSPENSION SHALL NOT BE LIFTED
UNLESS THE COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE COURT ORDER
IS PAYABLE TO THE SUPPORT COLLECTION UNIT DESIGNATED BY THE APPROPRIATE
SOCIAL SERVICES DISTRICT, ISSUES NOTICE TO THE BUREAU THAT FULL PAYMENT
OF ALL ARREARS OF SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE
DUE HAVE BEEN PAID.
(D) UPON RECEIPT OF AN ORDER FROM THE COURT BASED ON FAILURE TO COMPLY
WITH A SUMMONS, SUBPOENA, OR WARRANT RELATING TO A PATERNITY OR CHILD
SUPPORT PROCEEDING, THE BUREAU, IF IT FINDS SUCH PERSON HAS BEEN ISSUED
A LICENSE OR PERMIT, SHALL WITHIN THIRTY DAYS OF RECEIPT OF SUCH ORDER
FROM THE COURT, PROVIDE NOTICE TO THE LICENSEE OR PERMITTEE THAT HIS OR
HER LICENSE SHALL BE SUSPENDED IN SIXTY DAYS UNLESS THE CONDITIONS IN
PARAGRAPH (E) OF THIS SUBDIVISION ARE MET.
S. 3040--A 43
(E) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH LICENSE OR PERMIT SHALL
BE SUSPENDED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (C) OF THIS
SUBDIVISION UNLESS THE COURT TERMINATES ITS ORDER TO COMMENCE SUSPENSION
PROCEEDINGS. SUCH SUSPENSION SHALL NOT BE LIFTED UNLESS THE COURT ISSUES
AN ORDER TO THE BUREAU TERMINATING ITS ORDER TO COMMENCE SUSPENSION
PROCEEDINGS.
(F) THE BUREAU SHALL INFORM THE COURT OF ALL ACTIONS TAKEN HEREUNDER
AS REQUIRED BY LAW.
(G) THIS SUBDIVISION APPLIES TO SUPPORT OBLIGATIONS PAID PURSUANT TO
ANY ORDER OF CHILD SUPPORT OR CHILD AND SPOUSAL SUPPORT ISSUED UNDER
PROVISIONS OF SECTION TWO HUNDRED THIRTY-SIX OR TWO HUNDRED FORTY OF THE
DOMESTIC RELATIONS LAW, OR ARTICLE FOUR, FIVE OR FIVE-A OF THE FAMILY
COURT ACT.
(H) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE PROVISIONS OF THIS
SUBDIVISION SHALL APPLY TO THE EXCLUSION OF ANY OTHER REQUIREMENTS OF
THIS ARTICLE AND TO THE EXCLUSION OF ANY OTHER REQUIREMENT OF LAW TO THE
CONTRARY.
5. WHERE A LICENSEE IS CONVICTED OF TWO OR MORE QUALIFYING OFFENSES
WITHIN A FIVE YEAR PERIOD, THE BUREAU, UPON RECEIPT OF NOTIFICATION OF
SUCH SECOND OR SUBSEQUENT CONVICTION PURSUANT TO THE PROVISIONS OF
SUBDIVISION TWO OF SECTION ONE HUNDRED SIX-A OF THIS CHAPTER, SHALL, IN
ADDITION TO ANY OTHER SANCTION OR CIVIL OR CRIMINAL PENALTY IMPOSED
PURSUANT TO THIS CHAPTER, IMPOSE ON SUCH LICENSEE A CIVIL PENALTY NOT TO
EXCEED FIVE HUNDRED DOLLARS. FOR PURPOSES OF THIS SUBDIVISION, A QUALI-
FYING OFFENSE SHALL MEAN: (A) THE OFFENSE DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-FIVE OF THIS CHAPTER; OR (B) THE OFFENSE DEFINED IN PARA-
GRAPH (B) OF SUBDIVISION ONE OF SECTION SIXTY-FIVE-B OF THIS CHAPTER.
FOR PURPOSES OF THIS SUBDIVISION, A CONVICTION OF A LICENSEE OR AN
EMPLOYEE OR AGENT OF SUCH LICENSEE SHALL CONSTITUTE A CONVICTION OF SUCH
LICENSEE.
§ 188. DECISIONS OF THE BUREAU OF MARIHUANA POLICY AND REVIEW BY THE
COURTS. PROVISIONS OF SECTIONS ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-
ONE AND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER SHALL APPLY TO MARIHUANA
LICENSES ISSUED UNDER THIS ARTICLE.
§ 189. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES. THE BUREAU
SHALL:
1. ACTIVELY PROMOTE RACIAL, ETHNIC, AND GEOGRAPHIC DIVERSITY WHEN
LICENSING MARIHUANA GROWERS, PROCESSORS, AND RETAILERS;
2. ENCOURAGE APPLICANTS WHO QUALIFY AS A MINORITY OR WOMEN-OWNED BUSI-
NESS ENTERPRISE, AS DEFINED IN SECTION THREE HUNDRED TEN OF THE EXECU-
TIVE LAW, TO APPLY FOR LICENSES;
3. IN ACCORDANCE WITH THE OFFICIAL COMPILATION OF CODES, RULES AND
REGULATIONS OF THE STATE OF NEW YORK TITLE 5, DEPARTMENT OF ECONOMIC
DEVELOPMENT, CHAPTER XIV, DIVISION OF MINORITY AND WOMEN'S BUSINESS
DEVELOPMENT, PART 141, SUBMIT AN ANNUAL MASTER GOAL PLAN TO PROMOTE THE
INCLUSION OF: (A) MINORITY-OWNED BUSINESS ENTERPRISES; (B) WOMEN-OWNED
BUSINESS ENTERPRISES; AND (C) MINORITY AND WOMEN-OWNED BUSINESS ENTER-
PRISES WITH JUSTIFICATIONS FOR SUCH GOALS; AND
4. ACTIVELY PROMOTE AND ENCOURAGE APPLICANTS THAT PROMOTE AND ENSURE
RACIAL, ETHNIC, AND GENDER DIVERSITY IN THEIR WORKFORCE WHEN LICENSING
MARIHUANA GROWERS, PROCESSORS, AND RETAILERS.
§ 190. DISPOSITION OF MONEYS RECEIVED FOR LICENSE FEES. THE BUREAU
SHALL ESTABLISH A SCALE OF APPLICATION, LICENSING, AND RENEWAL FEES,
S. 3040--A 44
BASED UPON THE COST OF ENFORCING THIS ARTICLE AND THE SIZE OF THE MARI-
HUANA BUSINESS BEING LICENSED, AS FOLLOWS:
1. EACH LICENSING AUTHORITY SHALL CHARGE EACH LICENSEE A LICENSURE AND
RENEWAL FEE, AS APPLICABLE. THE LICENSURE AND RENEWAL FEE SHALL BE
CALCULATED TO COVER THE COSTS OF ADMINISTERING THIS ARTICLE. THE LICEN-
SURE FEE MAY VARY DEPENDING UPON THE VARYING COSTS ASSOCIATED WITH
ADMINISTERING THE VARIOUS REGULATORY REQUIREMENTS OF THIS ARTICLE AS
THEY RELATE TO THE NATURE AND SCOPE OF THE DIFFERENT LICENSURE ACTIV-
ITIES, BUT SHALL NOT EXCEED THE REASONABLE REGULATORY COSTS TO THE
LICENSING AUTHORITY.
2. THE TOTAL FEES ASSESSED PURSUANT TO THIS ARTICLE SHALL BE SET AT AN
AMOUNT THAT WILL FAIRLY AND PROPORTIONATELY GENERATE SUFFICIENT TOTAL
REVENUE TO FULLY COVER THE TOTAL COSTS OF ADMINISTERING THIS ARTICLE.
3. ALL LICENSE FEES SHALL BE SET ON A SCALED BASIS BY THE BUREAU,
DEPENDENT ON THE SIZE OF THE BUSINESS.
4. THE BUREAU SHALL DEPOSIT ALL FEES COLLECTED IN THE MARIHUANA
CONTROL FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-TWO OF THE STATE
FINANCE LAW.
§ 191. PERSONS FORBIDDEN TO TRAFFIC IN MARIHUANA. 1. THE FOLLOWING
PERSONS ARE FORBIDDEN TO TRAFFIC IN MARIHUANA:
(A) A PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
(B) A PERSON WHO IS NOT A CITIZEN OF THE UNITED STATES OR AN ALIEN
LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES.
(C) A CO-PARTNERSHIP OR A CORPORATION, UNLESS EACH MEMBER OF THE PART-
NERSHIP, OR EACH OF THE PRINCIPAL OFFICERS AND DIRECTORS OF THE CORPO-
RATION, IS A CITIZEN OF THE UNITED STATES OR AN ALIEN LAWFULLY ADMITTED
FOR PERMANENT RESIDENCE IN THE UNITED STATES, NOT LESS THAN TWENTY-ONE
YEARS OF AGE, AND HAS NOT BEEN CONVICTED OF ANY FELONY OR ANY OF THE
MISDEMEANORS, SPECIFIED IN SECTION 230.20 OR 230.40 OF THE PENAL LAW, OR
IF SO CONVICTED HAS RECEIVED, SUBSEQUENT TO SUCH CONVICTION, AN EXECU-
TIVE PARDON THEREFOR REMOVING THIS DISABILITY A CERTIFICATE OF GOOD
CONDUCT GRANTED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION, OR A CERTIFICATE OF RELIEF FROM DISABILITIES GRANTED BY THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR A COURT OF THIS
STATE PURSUANT TO THE PROVISIONS OF ARTICLE TWENTY-THREE OF THE
CORRECTION LAW TO REMOVE THE DISABILITY UNDER THIS SECTION BECAUSE OF
SUCH CONVICTION; PROVIDED HOWEVER THAT A CORPORATION WHICH OTHERWISE
CONFORMS TO THE REQUIREMENTS OF THIS SECTION AND ARTICLE MAY BE LICENSED
IF EACH OF ITS PRINCIPAL OFFICERS AND MORE THAN ONE-HALF OF ITS DIREC-
TORS ARE CITIZENS OF THE UNITED STATES OR ALIENS LAWFULLY ADMITTED FOR
PERMANENT RESIDENCE IN THE UNITED STATES; AND PROVIDED FURTHER THAT A
CORPORATION ORGANIZED UNDER THE NOT-FOR-PROFIT CORPORATION LAW OR THE
EDUCATION LAW WHICH OTHERWISE CONFORMS TO THE REQUIREMENTS OF THIS
SECTION AND ARTICLE MAY BE LICENSED IF EACH OF ITS PRINCIPAL OFFICERS
AND MORE THAN ONE-HALF OF ITS DIRECTORS ARE NOT LESS THAN TWENTY-ONE
YEARS OF AGE AND NONE OF ITS DIRECTORS ARE LESS THAN EIGHTEEN YEARS OF
AGE; AND PROVIDED FURTHER THAT A CORPORATION ORGANIZED UNDER THE NOT-
FOR-PROFIT CORPORATION LAW OR THE EDUCATION LAW AND LOCATED ON THE PREM-
ISES OF A COLLEGE AS DEFINED BY SECTION TWO OF THE EDUCATION LAW WHICH
OTHERWISE CONFORMS TO THE REQUIREMENTS OF THIS SECTION AND ARTICLE MAY
BE LICENSED IF EACH OF ITS PRINCIPAL OFFICERS AND EACH OF ITS DIRECTORS
ARE NOT LESS THAN EIGHTEEN YEARS OF AGE.
(D) (I) A PERSON WHO SHALL HAVE HAD ANY LICENSE ISSUED UNDER THIS
CHAPTER REVOKED FOR CAUSE, UNTIL THE EXPIRATION OF TWO YEARS FROM THE
DATE OF SUCH REVOCATION.
S. 3040--A 45
(II) A PERSON NOT LICENSED UNDER THE PROVISIONS OF THIS CHAPTER, WHO
HAS BEEN CONVICTED OF A VIOLATION OF THIS CHAPTER, UNTIL THE EXPIRATION
OF TWO YEARS FROM THE DATE OF SUCH CONVICTION.
(E) A CORPORATION OR CO-PARTNERSHIP, IF ANY OFFICER AND DIRECTOR OR
ANY PARTNER, WHILE NOT LICENSED UNDER THE PROVISIONS OF THIS CHAPTER,
HAS BEEN CONVICTED OF A VIOLATION OF THIS CHAPTER, OR HAS HAD A LICENSE
ISSUED UNDER THIS CHAPTER REVOKED FOR CAUSE, UNTIL THE EXPIRATION OF TWO
YEARS FROM THE DATE OF SUCH CONVICTION OR REVOCATION.
2. AN APPLICANT SHALL NOT BE DENIED A STATE LICENSE UNDER THIS ARTICLE
IF THE DENIAL IS BASED SOLELY ON A CONVICTION FOR A VIOLATION OF ARTICLE
TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW.
§ 192. SURRENDER OF LICENSE; NOTICE TO POLICE OFFICIALS. WITHIN THREE
DAYS AFTER A LICENSE SHALL HAVE BEEN REVOKED PURSUANT TO THIS ARTICLE,
NOTICE THEREOF SHALL BE GIVEN TO THE LICENSEE BY MAILING SUCH NOTICE
ADDRESSED TO HIM AT THE PREMISES LICENSED. NOTICE SHALL ALSO BE MAILED
TO THE OWNER OF THE PREMISES LICENSED. THE HOLDER OF SUCH LICENSE SHALL
THEREUPON SURRENDER SAME TO THE BUREAU. THE MAILING THEREOF BY THE
LICENSEE TO THE BUREAU BY REGISTERED MAIL OR INSURED PARCEL POST SHALL
BE DEEMED SUFFICIENT COMPLIANCE WITH THIS SECTION. THE BUREAU, IMME-
DIATELY UPON GIVING NOTICE OF REVOCATION, SHALL SERVE A WRITTEN NOTICE
THEREOF UPON THE COMMISSIONER OF POLICE, CHIEF OF POLICE OR CHIEF POLICE
OFFICER OF THE CITY, OR VILLAGE IN WHICH THE PREMISES FOR WHICH THE
REVOKED LICENSE WAS ISSUED IS SITUATED, OR UPON THE SHERIFF OF THE COUN-
TY OR A CONSTABLE OF THE TOWN IN CASE THE LICENSE WAS ISSUED FOR PREM-
ISES SITUATED IN A TOWN AND NOT WITHIN ANY CITY OR VILLAGE. SUCH NOTICE
SHALL INCLUDE A STATEMENT OF THE NUMBER OF SUCH LICENSE, THE NAME AND
PLACE OF RESIDENCE OF THE HOLDER THEREOF, THE LOCATION OF THE LICENSED
PREMISES, AND THE DATE WHEN SUCH LICENSE WAS REVOKED. IN CASE SUCH
LICENSE BE NOT FORTHWITH SURRENDERED, THE BUREAU SHALL ISSUE A WRITTEN
DEMAND FOR THE SURRENDER OF SUCH LICENSE AND DELIVER SAID DEMAND TO THE
SHERIFF OF THE COUNTY IN WHICH THE LICENSED PREMISES ARE LOCATED, OR TO
ANY REPRESENTATIVE OF THE BUREAU, AND SAID SHERIFF OR REPRESENTATIVE
SHALL IMMEDIATELY TAKE POSSESSION OF SUCH LICENSE AND RETURN THE SAME TO
THE BUREAU.
§ 193. AUTHORITY TO PROMULGATE RULES AND REGULATIONS. THE BUREAU SHALL
PROMULGATE AND IMPLEMENT ALL RULES AND REGULATIONS AS IT DEEMS NECESSARY
TO CARRY OUT THE PURPOSE AND INTENT OF THIS ARTICLE.
§ 194. PROTECTIONS FOR THE USE OF MARIHUANA. INDIVIDUALS AND LICENSED
ENTITIES SHALL NOT BE SUBJECT TO ARREST, PROSECUTION, OR PENALTY IN ANY
MANNER, OR DENIED ANY RIGHT OR PRIVILEGE, INCLUDING BUT NOT LIMITED TO
CIVIL LIABILITY OR DISCIPLINARY ACTION BY A BUSINESS OR OCCUPATIONAL OR
PROFESSIONAL LICENSING BOARD OR BUREAU, SOLELY FOR CONDUCT PERMITTED
UNDER THIS ARTICLE. FOR THE AVOIDANCE OF DOUBT, THE APPELLATE DIVISION
OF THE SUPREME COURT OF THE STATE OF NEW YORK, AND ANY DISCIPLINARY OR
CHARACTER AND FITNESS COMMITTEES ESTABLISHED BY THEM ARE OCCUPATIONAL
AND PROFESSIONAL LICENSING BOARDS WITHIN THE MEANING OF THIS SECTION.
STATE OR LOCAL LAW ENFORCEMENT AGENCIES SHALL NOT COOPERATE WITH OR
PROVIDE ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY AGENCY
THEREOF IN ENFORCING THE CONTROLLED SUBSTANCE ACT, 21, U.S.C. S8012 ET
SEQ., SOLELY FOR ACTIONS CONSISTENT WITH THIS CHAPTER, EXCEPT AS PURSU-
ANT TO A VALID COURT ORDER.
§ 195. DISCRIMINATION PROTECTIONS FOR THE USE OF MARIHUANA OR MEDICAL
MARIHUANA. 1. NO SCHOOL OR LANDLORD MAY REFUSE TO ENROLL OR LEASE TO AND
MAY NOT OTHERWISE PENALIZE A PERSON SOLELY FOR CONDUCT ALLOWED UNDER
SECTIONS 221.05 AND 221.05-A OF THE PENAL LAW, EXCEPT AS EXEMPTED:
S. 3040--A 46
(A) IF FAILING TO DO SO WOULD CAUSE THE SCHOOL OR LANDLORD TO LOSE A
MONETARY OR LICENSING RELATED BENEFIT UNDER FEDERAL LAW OR REGULATIONS;
(B) IF THE INSTITUTION HAS ADOPTED A CODE OF CONDUCT PROHIBITING MARI-
HUANA USE ON THE BASIS OF RELIGIOUS BELIEF;
(C) IF A PROPERTY IS REGISTERED WITH THE NEW YORK SMOKE-FREE HOUSING
REGISTRY, IT IS NOT REQUIRED TO PERMIT THE SMOKING OF MARIHUANA PRODUCTS
ON ITS PREMISES.
2. FOR THE PURPOSES OF MEDICAL CARE, INCLUDING ORGAN TRANSPLANTS, A
REGISTERED QUALIFYING PATIENT'S AUTHORIZED USE OF MEDICAL MARIHUANA MUST
BE CONSIDERED THE EQUIVALENT OF THE USE OF ANY OTHER MEDICATION UNDER
THE DIRECTION OF A PRACTITIONER AND DOES NOT CONSTITUTE THE USE OF AN
ILLICIT SUBSTANCE OR OTHERWISE DISQUALIFY A REGISTERED QUALIFYING
PATIENT FROM MEDICAL CARE.
3. NO PERSON MAY BE DENIED CUSTODY OF OR VISITATION OR PARENTING TIME
WITH A MINOR, AND THERE IS NO PRESUMPTION OF NEGLECT OR CHILD ENDANGER-
MENT FOR CONDUCT ALLOWED UNDER SECTIONS 221.05 AND 221.05-A OF THE PENAL
LAW, UNLESS THE PERSON'S BEHAVIOR CREATES AN UNREASONABLE DANGER TO THE
SAFETY OF THE MINOR AS ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE. FOR
THE PURPOSES OF THIS SECTION, AN "UNREASONABLE DANGER" DETERMINATION
CANNOT BE BASED SOLELY ON WHETHER, WHEN, AND HOW OFTEN A PERSON USES
MARIHUANA WITHOUT SEPARATE EVIDENCE OF HARM.
§ 196. EMPLOYMENT PROTECTIONS. 1. UNLESS AN EMPLOYER ESTABLISHES BY A
PREPONDERANCE OF THE EVIDENCE THAT THE LAWFUL USE OF MARIHUANA HAS
IMPAIRED THE EMPLOYEE'S ABILITY TO PERFORM THE EMPLOYEE'S JOB RESPONSI-
BILITIES, IT SHALL BE UNLAWFUL TO TAKE ANY ADVERSE EMPLOYMENT ACTION
AGAINST AN EMPLOYEE BASED ON EITHER:
(A) CONDUCT ALLOWED UNDER SECTIONS 221.05 AND 221.05-A OF THE PENAL
LAW; OR
(B) THE EMPLOYEE'S POSITIVE DRUG TEST FOR MARIHUANA COMPONENTS OR
METABOLITES.
2. FOR THE PURPOSES OF THIS SECTION, AN EMPLOYER MAY CONSIDER AN
EMPLOYEE'S ABILITY TO PERFORM THE EMPLOYEE'S JOB RESPONSIBILITIES TO BE
IMPAIRED WHEN THE EMPLOYEE MANIFESTS SPECIFIC ARTICULABLE SYMPTOMS WHILE
WORKING THAT DECREASE OR LESSEN THE EMPLOYEE'S PERFORMANCE OF THE DUTIES
OR TASKS OF THE EMPLOYEE'S JOB POSITION.
3. NOTHING IN THIS SECTION SHALL RESTRICT AN EMPLOYER'S ABILITY TO
PROHIBIT OR TAKE ADVERSE EMPLOYMENT ACTION FOR THE POSSESSION OR USE OF
INTOXICATING SUBSTANCES DURING WORK HOURS, OR REQUIRE AN EMPLOYER TO
COMMIT ANY ACT THAT WOULD CAUSE THE EMPLOYER TO BE IN VIOLATION OF
FEDERAL LAW, OR THAT WOULD RESULT IN THE LOSS OF A FEDERAL CONTRACT OR
FEDERAL FUNDING.
4. AS USED IN THIS SECTION, "ADVERSE EMPLOYMENT ACTION" MEANS REFUSING
TO HIRE OR EMPLOY, BARRING OR DISCHARGING FROM EMPLOYMENT, REQUIRING A
PERSON TO RETIRE FROM EMPLOYMENT, OR DISCRIMINATING AGAINST IN COMPEN-
SATION OR IN TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT.
§ 197. PROTECTIONS FOR PERSONS UNDER STATE SUPERVISION. A PERSON
CURRENTLY UNDER PAROLE, PROBATION OR OTHER STATE SUPERVISION, OR
RELEASED ON BAIL AWAITING TRIAL MAY NOT BE PUNISHED OR OTHERWISE PENAL-
IZED FOR CONDUCT ALLOWED UNDER SECTIONS 221.05 AND 221.05-A OF THE PENAL
LAW.
§ 198. PROFESSIONAL AND MEDICAL RECORD KEEPING. ANY PROFESSIONAL
PROVIDING SERVICES IN CONNECTION WITH A LICENSED OR POTENTIALLY LICENSED
BUSINESS UNDER THIS CHAPTER, OR IN CONNECTION WITH OTHER CONDUCT PERMIT-
TED UNDER THIS CHAPTER, AND ANY MEDICAL PROFESSIONAL PROVIDING MEDICAL
CARE TO A PATIENT, MAY AGREE WITH THEIR CLIENT OR PATIENT TO MAINTAIN NO
RECORD, OR ANY REDUCED LEVEL OF RECORD KEEPING THAT PROFESSIONAL AND
S. 3040--A 47
CLIENT OR PATIENT MAY AGREE. IN CASE OF SUCH AGREEMENT, THE PROFES-
SIONAL'S ONLY OBLIGATION SHALL BE TO KEEP SUCH RECORDS AS AGREED, AND TO
KEEP A RECORD OF THE AGREEMENT. SUCH REDUCED RECORD KEEPING IS CONDUCT
PERMITTED UNDER THIS CHAPTER, AND SHALL ATTRACT THE PROTECTIONS OF
SECTION ONE HUNDRED NINETY-FOUR OF THIS ARTICLE.
§ 32. The state finance law is amended by adding two new sections 82
and 82-a to read as follows:
§ 82. MARIHUANA CONTROL FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE STATE
COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "MARIHUANA CONTROL FUND".
2. THE MARIHUANA CONTROL FUND SHALL CONSIST OF THE REVENUES REQUIRED
TO BE DEPOSITED PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED NINETY
OF THE ALCOHOLIC BEVERAGE CONTROL LAW, AND ALL OTHER MONEYS CREDITED OR
TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
3. MONEYS IN THE FUND USED SOLELY FOR THE PURPOSE OF ADMINISTERING THE
REGULATORY REQUIREMENTS OF ARTICLE ELEVEN OF THE ALCOHOLIC BEVERAGE
CONTROL LAW. MONEYS IN THE FUND SHALL NOT BE CO-MINGLED WITH ANY OTHER
STATE FUNDS.
4. MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE CHAIRMAN OF THE
BUREAU OF MARIHUANA POLICY.
§ 82-A. MARIHUANA REVENUE FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE ANT THE STATE
COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "MARIHUANA REVENUE FUND".
2. THE MARIHUANA REVENUE FUND SHALL CONSIST OF THE REVENUES REQUIRED
TO BE DEPOSITED PURSUANT TO THE PROVISIONS OF SECTION FOUR HUNDRED FIFTY
OF THE TAX LAW AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM
ANY OTHER FUND OR SOURCE PURSUANT TO LAW, LESS ANY PAYMENT OF REFUNDS
DUE TO TAX PAYERS.
3. MONEYS IN TH FUND USED SOLELY FOR THE PURPOSE OF ADMINISTERING THE
REGULATORY REQUIREMENTS OF ARTICLE ELEVEN OF THE ALCOHOLIC BEVERAGE
CONTROL LAW. MONEYS IN THE FUND SHALL NOT BE CO-MINGLED WITH ANY OTHER
STATE FUNDS.
4. MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF
TAXATION AND FINANCE.
§ 33. The tax law is amended by adding a new article 18-A to read as
follows:
ARTICLE 18-A
PROVISIONS RELATING TO MARIHUANA
SECTION 446. DEFINITIONS.
447. TAXES IMPOSED.
447-A. LOCAL TAXES ON MARIHUANA BY A CITY OR TOWN.
447-B. ORDINARY AND NECESSARY EXPENSES DEDUCTIBLE FROM NET
INCOME.
448. SURETY BOND.
449. COLLECTION OF TAX.
450. REVENUE ALLOCATION.
§ 446. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "COMMERCIAL MARKET ACTIVITY" INCLUDES THE CULTIVATION, POSSESSION,
MANUFACTURE, DISTRIBUTION, PROCESSING, STORING, LABORATORY TESTING,
LABELING, TRANSPORTATION, DELIVERY OR SALE OF MARIHUANA AND MARIHUANA
PRODUCTS, AS PROVIDED FOR IN ARTICLE ELEVEN OF THE ALCOHOLIC BEVERAGE
CONTROL LAW, BUT SHALL NOT INCLUDE MEDICAL MARIHUANA ACTIVITIES PROVIDED
FOR IN TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
S. 3040--A 48
2. "CONCENTRATED CANNABIS" MEANS (A) THE SEPARATED RESIN, WHETHER
CRUDE OR PURIFIED, OBTAINED FROM A PLANT OF THE GENUS CANNABIS; OR (B) A
MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE WHICH
CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDROCANNABI-
NOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR DELTA-1
TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE NUMBERING
SYSTEM.
3. "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,
WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY
PART OF THE PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE,
MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT
INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS,
OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-
FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS
(EXCEPT THE RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE
STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES
NOT INCLUDE ALL PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING
OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-
BINOL (THC).
4. "MARIHUANA CONSUMER" MEANS A PERSON TWENTY-ONE YEARS OF AGE OR
OLDER WHO PURCHASED MARIHUANA OR MARIHUANA PRODUCTS FOR PERSONAL USE BY
PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.
5. "MARIHUANA FLOWERS" SHALL MEAN THE DRIED FLOWERS OF THE MARIHUANA
PLANT.
6. "MARIHUANA LEAVES" SHALL MEAN ALL PARTS OF THE MARIHUANA PLANT
OTHER THAN MARIHUANA FLOWERS THAT ARE SOLD OR CONSUMED.
7. "MARIHUANA PROCESSOR" MEANS A PERSON LICENSED BY THE BUREAU OF
MARIHUANA POLICY TO PURCHASE MARIHUANA AND CONCENTRATED CANNABIS FROM
MARIHUANA PRODUCERS, TO PROCESS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS, PACKAGE AND LABEL MARIHUANA, CONCENTRATED
CANNABIS AND MARIHUANA-INFUSED PRODUCTS FOR SALE IN RETAIL OUTLETS, AND
SELL MARIHUANA, CONCENTRATED CANNABIS AND MARIHUANA INFUSED PRODUCTS AT
WHOLESALE TO MARIHUANA RETAILERS.
8. "MARIHUANA PRODUCER" MEANS A PERSON LICENSED BY THE BUREAU OF MARI-
HUANA POLICY TO PRODUCE, PROCESS, AND SELL MARIHUANA AND CONCENTRATED
CANNABIS AT WHOLESALE TO MARIHUANA PROCESSORS, MARIHUANA RETAILERS, OR
OTHER MARIHUANA PRODUCERS, BUT NOT TO CONSUMERS.
9. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS.
10. "MARIHUANA-INFUSED PRODUCTS" MEANS PRODUCTS THAT CONTAIN MARIHUA-
NA, MARIHUANA EXTRACTS, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR
HUMAN USE OR CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS,
OINTMENTS, AND TINCTURES.
11. "IMMATURE MARIHUANA PLANT" MEANS A MARIHUANA PLANT WITH NO OBSERV-
ABLE FLOWERS OR BUDS.
12. "MARIHUANA RETAILER" MEANS A PERSON LICENSED BY THE BUREAU OF
MARIHUANA POLICY TO PURCHASE MARIHUANA, CONCENTRATED CANNABIS, AND MARI-
HUANA-INFUSED PRODUCTS FROM MARIHUANA PRODUCERS AND MARIHUANA PROCESSORS
AND SELL MARIHUANA, MARIHUANA-INFUSED PRODUCTS, AND CONCENTRATED CANNA-
BIS IN A RETAIL OUTLET.
13. "MARIHUANA RETAILER FOR ON-PREMISES CONSUMPTION" MEANS A PERSON
LICENSED BY THE BUREAU OF MARIHUANA POLICY TO PURCHASE MARIHUANA,
CONCENTRATED CANNABIS, AND MARIHUANA INFUSED PRODUCTS FROM MARIHUANA
PRODUCERS, MARIHUANA RETAILERS AND MARIHUANA PROCESSORS AND SELL MARI-
HUANA PRODUCTS FOR A CUSTOMER TO CONSUME WHILE THE CUSTOMER IS WITHIN
THE FACILITY.
S. 3040--A 49
§ 447. TAXES IMPOSED. 1. (A) THERE IS HEREBY LEVIED AND IMPOSED A
CULTIVATION TAX UPON ALL HARVESTED MARIHUANA THAT ENTERS THE COMMERCIAL
MARKET UPON ALL PERSONS REQUIRED TO BE LICENSED TO CULTIVATE MARIHUANA
PURSUANT TO ARTICLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW. THE
TAX SHALL BE DUE AFTER THE MARIHUANA IS HARVESTED.
(I) MARIHUANA FLOWERS SHALL BE TAXED AT A RATE OF SIXTY-TWO CENTS PER
DRY-WEIGHT GRAM.
(II) MARIHUANA LEAVES SHALL BE TAXED AT A RATE OF TEN CENTS PER DRY-
WEIGHT GRAM.
(B) THERE IS HEREBY LEVIED AND IMPOSED A NURSERY TAX UPON ALL IMMATURE
PLANTS THAT ENTER THE COMMERCIAL MARKET UPON ALL PERSONS REQUIRED TO BE
LICENSED TO PRODUCE IMMATURE PLANTS PURSUANT TO ARTICLE ELEVEN OF THE
ALCOHOLIC BEVERAGE CONTROL LAW. IMMATURE PLANTS SHALL BE TAXED AT A RATE
OF ONE DOLLAR AND THIRTY-FIVE CENTS EACH.
(C) THERE IS HEREBY LEVIED AND IMPOSED A TAX UPON MARIHUANA SOLD OR
OTHERWISE TRANSFERRED BY A MARIHUANA PRODUCER TO A MARIHUANA PROCESSOR
OR MARIHUANA RETAILER AT A RATE EQUIVALENT TO THE RATE ESTABLISHED UNDER
ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
(D) A MARIHUANA EXCISE TAX IS HEREBY LEVIED AND IMPOSED UPON CUSTOMERS
OF NONMEDICAL MARIHUANA OR NONMEDICAL MARIHUANA PRODUCTS SOLD IN THIS
STATE AT THE RATE FIFTEEN PERCENT OF ANY SALE BY A RETAILER, MICROBUSI-
NESS, OR OTHER PERSON REQUIRED TO BE LICENSED PURSUANT TO ARTICLE ELEVEN
OF THE ALCOHOLIC BEVERAGE CONTROL LAW TO SELL MARIHUANA AND MARIHUANA
PRODUCTS DIRECTLY TO A CUSTOMER.
(E) THE DEPARTMENT SHALL ESTABLISH PROCEDURES FOR THE COLLECTION AL
ALL TAXES LEVIED.
(F) NO TAX ESTABLISHED BY THIS SECTION SHALL BE LEVIED UPON MEDICAL
MARIHUANA INTENDED FOR SALE TO A CERTIFIED PATIENT OR DESIGNATED CARE-
GIVER PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC
HEALTH LAW.
2. FOR REPORTING PERIODS BEGINNING LATER THAN ONE YEAR FOLLOWING THE
EFFECTIVE DATE OF THIS ARTICLE, THE RATES OF TAX UNDER SUBDIVISION ONE
OF THIS SECTION SHALL BE ADJUSTED FOR EACH BIENNIUM ACCORDING TO THE
COST-OF-LIVING ADJUSTMENT FOR THE CALENDAR YEAR.
3. THE DEPARTMENT SHALL REGULARLY REVIEW THE RATES OF THE TAX UNDER
SUBDIVISION ONE OF THIS SECTION AND MAKE RECOMMENDATIONS TO THE LEGISLA-
TURE REGARDING APPROPRIATE ADJUSTMENTS TO THE RATES THAT WILL FURTHER
THE PURPOSES OF:
(A) MAXIMIZING NET REVENUE;
(B) MINIMIZING THE ILLEGAL MARIHUANA INDUSTRY; AND
(C) DISCOURAGING THE USE OF MARIHUANA BY MINORS UNDER TWENTY-ONE YEARS
OF AGE.
§ 447-A. LOCAL TAXES ON MARIHUANA BY A CITY OR TOWN. ANY CITY OR TOWN
IN THIS STATE, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY
AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IMPOSING IN ANY
SUCH CITY OR TOWN A SALES TAX ON MARIHUANA RETAILERS AT A RATE OF NO
MORE THAN TWO PERCENT OF THE SALE PRICE OF MARIHUANA PRODUCTS SOLD TO A
MARIHUANA CONSUMER. ANY TAXES IMPOSED PURSUANT TO THE AUTHORITY OF THIS
SECTION SHALL BE ADMINISTERED AND COLLECTED BY THE DEPARTMENT IN THE
SAME MANNER AS THE TAXES IMPOSED UNDER SECTION FOUR HUNDRED FORTY-NINE
OF THIS ARTICLE. THE COMMISSIONER IS HEREBY EMPOWERED TO MAKE SUCH
PROVISIONS AS IT DEEMS NECESSARY FOR THE JOINT ADMINISTRATION AND
COLLECTION OF THE STATE AND LOCAL TAXES IMPOSED AND AUTHORIZED BY THIS
ARTICLE.
§ 447-B. ORDINARY AND NECESSARY EXPENSES DEDUCTIBLE FROM NET INCOME.
NOTWITHSTANDING ANY FEDERAL TAX LAW TO THE CONTRARY, IN COMPUTING NET
S. 3040--A 50
INCOME FOR BUSINESSES EXEMPTED FROM CRIMINAL PENALTIES UNDER ARTICLES
TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-ONE OF THE PENAL LAW AND ARTI-
CLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW, THERE SHALL BE ALLOWED
AS A DEDUCTION FROM STATE TAXES ALL THE ORDINARY AND NECESSARY EXPENSES
PAID OR INCURRED DURING THE TAXABLE YEAR IN CARRYING ON ANY TRADE OR
BUSINESS, INCLUDING BUT NOT LIMITED TO, REASONABLE ALLOWANCE FOR SALA-
RIES OR OTHER COMPENSATION FOR PERSONAL SERVICES ACTUALLY RENDERED.
§ 448. SURETY BOND. MARIHUANA RETAILER APPLICANTS ARE REQUIRED TO
SUBMIT A SURETY BOND WITH THE DEPARTMENT EQUAL TO TWO MONTHS OF THE
CULTIVATION FACILITY'S ANTICIPATED RETAIL MARIHUANA EXCISE TAX. THE
SURETY BOND MUST BE ISSUED BY A COMPANY AUTHORIZED TO DO BUSINESS IN THE
STATE. PROOF OF SURETY BOND IS REQUIRED FOR APPROVAL OF APPLICANT'S
RETAIL LICENSE.
§ 449. COLLECTION OF TAX. THIS TAX SHALL BE COLLECTED BY THE COMMIS-
SIONER WHO SHALL ESTABLISH A PROCEDURE FOR THE COLLECTION OF THIS TAX.
§ 450. REVENUE ALLOCATION. 1. BEFORE ANY FUNDS ARE DISBURSED PURSUANT
TO SUBDIVISIONS THREE, FOUR, FIVE, AND SIX OF THIS SECTION THE STATE
COMPTROLLER SHALL DISBURSE FROM THE MARIHUANA REVENUE FUND TO THE APPRO-
PRIATE ACCOUNT, WITHOUT REGARD TO FISCAL YEAR, THE FOLLOWING:
(A) REASONABLE COSTS INCURRED BY THE DEPARTMENT FOR ADMINISTERING AND
COLLECTING THE TAXES IMPOSED BY THIS ARTICLE; PROVIDED, HOWEVER, THAT
SUCH COSTS SHALL NOT EXCEED FOUR PERCENT OF TAX REVENUES RECEIVED; AND
(B) REASONABLE COSTS INCURRED BY THE BUREAU OF MARIHUANA POLICY FOR
IMPLEMENTING, ADMINISTERING, AND ENFORCING THE MARIHUANA REGULATION AND
TAXATION ACT TO THE EXTENT THOSE COSTS ARE NOT REIMBURSED PURSUANT TO
SECTION ONE HUNDRED NINETY OF THE ALCOHOLIC BEVERAGE CONTROL LAW. THE
PROVISIONS OF THIS PARAGRAPH SHALL REMAIN OPERATIVE THROUGH FISCAL YEAR
TWO THOUSAND TWENTY-TWO - TWO THOUSAND TWENTY-THREE.
2. FOR THE PURPOSES OF DATA COLLECTION AND REPORTING, THE COMMISSIONER
SHALL NEXT DISBURSE THE SUM OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS
ANNUALLY BEGINNING WITH FISCAL YEAR TWO THOUSAND NINETEEN - TWO THOUSAND
TWENTY UNTIL FISCAL YEAR TWO THOUSAND TWENTY-NINE - TWO THOUSAND THIRTY
TO:
(A) THE BUREAU OF MARIHUANA POLICY TO TRACK AND REPORT DATA RELATED TO
THE LICENSING OF MARIHUANA BUSINESSES, INCLUDING THE GEOGRAPHIC
LOCATION, STRUCTURE, AND FUNCTION OF LICENSED MARIHUANA BUSINESSES, AND
DEMOGRAPHIC DATA, INCLUDING RACE, ETHNICITY, AND GENDER, OF LICENSE
HOLDERS. THE BUREAU OF MARIHUANA POLICY SHALL PUBLISH REPORTS ON ITS
FINDINGS ANNUALLY AND SHALL MAKE THE REPORTS AVAILABLE TO THE PUBLIC.
(B) THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO TRACK AND REPORT
DATA RELATED TO ANY INFRACTIONS, VIOLATIONS, OR CRIMINAL CONVICTIONS
THAT OCCUR UNDER ANY OF THE REMAINING MARIHUANA STATUTES. THE DEPARTMENT
OF CRIMINAL JUSTICE SERVICES SHALL PUBLISH REPORTS ON ITS FINDINGS ANNU-
ALLY AND SHALL MAKE THE REPORTS AVAILABLE TO THE PUBLIC.
3. THE COMMISSIONER SHALL NEXT DISBURSE THE SUM OF ONE MILLION DOLLARS
TO THE STATE UNIVERSITY OF NEW YORK ANNUALLY BEGINNING WITH FISCAL YEAR
TWO THOUSAND NINETEEN - TWO THOUSAND TWENTY UNTIL FISCAL YEAR TWO THOU-
SAND TWENTY-NINE - TWO THOUSAND THIRTY TO RESEARCH AND EVALUATE THE
IMPLEMENTATION AND EFFECT OF THE MARIHUANA REGULATION AND TAXATION ACT,
AND SHALL, IF APPROPRIATE, MAKE RECOMMENDATIONS TO THE LEGISLATURE AND
GOVERNOR REGARDING POSSIBLE AMENDMENTS TO THE MARIHUANA REGULATION AND
TAXATION ACT. THE RECIPIENTS OF THESE FUNDS SHALL PUBLISH REPORTS ON
THEIR FINDINGS AT A MINIMUM OF EVERY TWO YEARS AND SHALL MAKE THE
REPORTS AVAILABLE TO THE PUBLIC. THE RESEARCH FUNDED PURSUANT TO THIS
SUBDIVISION SHALL INCLUDE BUT NOT NECESSARILY BE LIMITED TO:
S. 3040--A 51
(A) IMPACTS ON PUBLIC HEALTH, INCLUDING HEALTH COSTS ASSOCIATED WITH
MARIHUANA USE, AS WELL AS WHETHER MARIHUANA USE IS ASSOCIATED WITH AN
INCREASE OR DECREASE IN USE OF ALCOHOL OR OTHER DRUGS;
(B) THE IMPACT OF TREATMENT FOR CANNABIS USE DISORDER AND THE EFFEC-
TIVENESS OF DIFFERENT TREATMENT PROGRAMS;
(C) PUBLIC SAFETY ISSUES RELATED TO MARIHUANA USE, INCLUDING STUDYING
THE EFFECTIVENESS OF THE PACKAGING AND LABELING REQUIREMENTS AND ADVER-
TISING AND MARKETING RESTRICTIONS CONTAINED IN THE MARIHUANA REGULATION
AND TAXATION ACT AT PREVENTING UNDERAGE ACCESS TO AND USE OF MARIHUANA
AND MARIHUANA PRODUCTS, AND STUDYING THE HEALTH-RELATED EFFECTS AMONG
USERS OF VARYING POTENCY LEVELS OF MARIHUANA AND MARIHUANA PRODUCTS;
(D) MARIHUANA USE RATES, MALADAPTIVE USE RATES FOR ADULTS AND YOUTH,
AND DIAGNOSIS RATES OF MARIHUANA-RELATED SUBSTANCE USE DISORDERS;
(E) MARIHUANA MARKET PRICES, ILLICIT MARKET PRICES, TAX STRUCTURES AND
RATES, INCLUDING AN EVALUATION OF HOW TO BEST TAX MARIHUANA BASED ON
POTENCY, AND THE STRUCTURE AND FUNCTION OF LICENSED MARIHUANA BUSI-
NESSES;
(F) WHETHER ADDITIONAL PROTECTIONS ARE NEEDED TO PREVENT UNLAWFUL
MONOPOLIES OR ANTI-COMPETITIVE BEHAVIOR FROM OCCURRING IN THE NONMEDICAL
MARIHUANA INDUSTRY AND, IF SO, RECOMMENDATIONS AS TO THE MOST EFFECTIVE
MEASURES FOR PREVENTING SUCH BEHAVIOR;
(G) THE ECONOMIC IMPACTS IN THE PRIVATE AND PUBLIC SECTORS, INCLUDING
BUT NOT NECESSARILY LIMITED TO, JOB CREATION, WORKPLACE SAFETY, REVEN-
UES, TAXES GENERATED FOR STATE AND LOCAL BUDGETS, AND CRIMINAL JUSTICE
IMPACTS, INCLUDING, BUT NOT NECESSARILY LIMITED TO, IMPACTS ON LAW
ENFORCEMENT AND PUBLIC RESOURCES, SHORT AND LONG TERM CONSEQUENCES OF
INVOLVEMENT IN THE CRIMINAL JUSTICE SYSTEM, AND STATE AND LOCAL GOVERN-
MENT AGENCY ADMINISTRATIVE COSTS AND REVENUE;
(H) WHETHER THE REGULATORY AGENCIES TASKED WITH IMPLEMENTING AND
ENFORCING THE MARIHUANA REGULATION AND TAXATION ACT ARE DOING SO
CONSISTENT WITH THE PURPOSES OF THE MARIHUANA REGULATION AND TAXATION
ACT, AND WHETHER DIFFERENT AGENCIES MIGHT DO SO MORE EFFECTIVELY; AND
(I) ENVIRONMENTAL ISSUES RELATED TO MARIHUANA PRODUCTION AND THE CRIM-
INAL PROHIBITION OF MARIHUANA PRODUCTION.
4. THE COMMISSIONER SHALL NEXT DIVIDE FIFTEEN PERCENT OF THE REMAINING
REVENUE COLLECTED IN THE MARIHUANA REVENUE FUND EQUALLY BETWEEN:
(A) THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR RE-ENTRY SUPPORT
SERVICES FOR INDIVIDUALS RELEASED FROM PRISON AFTER SERVING TIME FOR
DRUG RELATED OFFENSES;
(B) THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR DRUG
ABUSE PREVENTION AND TREATMENT PROGRAMS; AND
(C) THE DEPARTMENT OF LABOR FOR APPRENTICESHIP AND JOB TRAINING
PROGRAMS TARGETING, WITH PREFERENCE GIVEN TO PROGRAMS TARGETING CENSUS
TRACTS WITH A POVERTY RATE OF AT LEAST TWENTY PERCENT OR AN UNEMPLOYMENT
RATE OF AT LEAST ONE AND ONE QUARTER TIMES THE NEW YORK STATE UNEMPLOY-
MENT RATE.
5. THE COMMISSIONER SHALL, AFTER DISBURSING FUNDS PURSUANT TO SUBDIVI-
SIONS ONE THROUGH FOUR OF THIS SECTION, DISBURSE FUNDS DEPOSITED IN THE
MARIHUANA REVENUE FUND DURING THE PRIOR FISCAL YEAR INTO SUB-TRUST
ACCOUNTS, WHICH ARE HEREBY CREATED AS FOLLOWS:
(A) TWENTY-FIVE PERCENT SHALL BE PROVIDED TO THE EDUCATION DEPARTMENT
WHICH SHALL DISTRIBUTE THESE FUNDS IN ACCORDANCE WITH SUBDIVISIONS TWO
AND FOUR OF SECTION NINETY-TWO-C OF THE STATE FINANCE LAW;
(B) TWENTY-FIVE PERCENT SHALL BE DEPOSITED IN THE DRUG TREATMENT AND
PUBLIC EDUCATION FUND, AND DISBURSED BY THE COMPTROLLER FOR THE FOLLOW-
ING PURPOSES:
S. 3040--A 52
(I) TO DEVELOP AND IMPLEMENT A YOUTH-FOCUSED PUBLIC HEALTH EDUCATION
AND PREVENTION CAMPAIGN, INCLUDING SCHOOL-BASED PREVENTION, EARLY INTER-
VENTION, AND HEALTH CARE SERVICES AND PROGRAMS TO REDUCE THE RISK OF
MARIHUANA AND OTHER SUBSTANCE USE AND ABUSE BY SCHOOL-AGED CHILDREN;
(II) TO DEVELOP AND IMPLEMENT A STATEWIDE PUBLIC HEALTH CAMPAIGN
FOCUSED ON THE HEALTH EFFECTS OF MARIHUANA AND LEGAL USE, INCLUDING AN
ONGOING EDUCATION AND PREVENTION CAMPAIGN THAT EDUCATES THE GENERAL
PUBLIC, INCLUDING PARENTS, CONSUMERS AND RETAILERS, ON THE LEGAL USE OF
MARIHUANA, THE IMPORTANCE OF PREVENTING YOUTH ACCESS, THE IMPORTANCE OF
SAFE STORAGE AND PREVENTING SECONDHAND MARIHUANA SMOKE EXPOSURE, INFOR-
MATION FOR PREGNANT OR BREASTFEEDING WOMEN, AND THE OVERCONSUMPTION OF
EDIBLES;
(III) TO PROVIDE SUBSTANCE USE DISORDER TREATMENT PROGRAMS FOR YOUTH
AND ADULTS, WITH AN EMPHASIS ON PROGRAMS THAT ARE CULTURALLY AND GENDER
COMPETENT, TRAUMA-INFORMED, EVIDENCE-BASED AND PROVIDE A CONTINUUM OF
CARE THAT INCLUDES SCREENING AND ASSESSMENT (SUBSTANCE USE DISORDER AS
WELL AS MENTAL HEALTH), EARLY INTERVENTION, ACTIVE TREATMENT, FAMILY
INVOLVEMENT, CASE MANAGEMENT, OVERDOSE PREVENTION, PREVENTION OF COMMU-
NICABLE DISEASES RELATED TO SUBSTANCE USE, RELAPSE MANAGEMENT FOR
SUBSTANCE USE AND OTHER CO-OCCURRING BEHAVIORAL HEALTH DISORDERS, VOCA-
TIONAL SERVICES, LITERACY SERVICES, PARENTING CLASSES, FAMILY THERAPY
AND COUNSELING SERVICES, MEDICATION-ASSISTED TREATMENTS, PSYCHIATRIC
MEDICATION AND PSYCHOTHERAPY;
(IV) TO EVALUATE THE PROGRAMS BEING FUNDED TO DETERMINE THEIR EFFEC-
TIVENESS.
(C) FIFTY PERCENT SHALL BE DEPOSITED IN THE COMMUNITY GRANTS REINVEST-
MENT FUND BY THE COMMISSIONER, AND DISBURSED BY THE COMPTROLLER FOR THE
ESTABLISHMENT OF A COMMUNITY GRANTS REINVESTMENT PROGRAM THAT SHALL
ADMINISTER THE MONIES TO QUALIFIED COMMUNITY-BASED NONPROFIT ORGANIZA-
TIONS FOR THE PURPOSE OF REINVESTING IN COMMUNITIES DISPROPORTIONATELY
AFFECTED BY PAST FEDERAL AND STATE DRUG POLICIES. THE GRANTS FROM THIS
PROGRAM SHALL BE USED TO SUPPORT JOB PLACEMENT, MENTAL HEALTH TREATMENT,
SUBSTANCE USE DISORDER TREATMENT, SYSTEM NAVIGATION SERVICES, LEGAL
SERVICES TO ADDRESS BARRIERS TO REENTY, AND LINKAGES TO MEDICAL CARE AND
WOMEN'S HEALTH SERVICES. THE PROGRAMS MAY INCLUDE, BUT ARE NOT LIMITED
TO, THE FOLLOWING COMPONENTS:
(I) THE COMMUNITY GRANTS REINVESTMENT PROGRAM SHALL PERIODICALLY EVAL-
UATE THE PROGRAMS IT IS FUNDING TO DETERMINE THE EFFECTIVENESS OF THE
PROGRAMS.
(II) THE COMMUNITY GRANTS REINVESTMENT PROGRAM SHALL BE GOVERNED AND
ADMINISTERED BY AN EXECUTIVE STEERING COMMITTEE OF THIRTEEN MEMBERS THAT
INCLUDES REPRESENTATIVES OF THE OFFICE OF CHILDREN AND FAMILY SERVICES,
THE DEPARTMENT OF LABOR AND THE DEPARTMENT OF HEALTH APPOINTED BY THE
GOVERNOR AND A REPRESENTATIVE OF THE DEPARTMENT OF EDUCATION APPOINTED
BY THE BOARD OF REGENTS. IN ADDITION, THE MAJORITY AND MINORITY LEADERS
OF THE SENATE AND ASSEMBLY SHALL EACH APPOINT ONE MEMBER TO THE STEERING
COMMITTEE, THE COMPTROLLER SHALL APPOINT THREE ADDITIONAL MEMBERS, AND
THE ATTORNEY GENERAL SHALL APPOINT TWO ADDITIONAL MEMBERS FROM RELEVANT
LOCAL GOVERNMENT ENTITIES AND COMMUNITY-BASED ORGANIZATIONS. EVERY
EFFORT SHOULD BE MADE TO ENSURE A BALANCED AND DIVERSE COMMITTEE, WHICH
SHALL HAVE EXPERTISE IN JOB PLACEMENT, HOMELESSNESS AND HOUSING, BEHAV-
IORAL HEALTH AND SUBSTANCE ABUSE TREATMENT, AND EFFECTIVE REHABILITATIVE
TREATMENT FOR ADULTS AND JUVENILES, AND SHALL INCLUDE REPRESENTATIVES OF
ORGANIZATIONS SERVING COMMUNITIES IMPACTED BY PAST FEDERAL AND STATE
DRUG POLICIES.
S. 3040--A 53
(III) THE COMMITTEE SHALL MAKE RECOMMENDATIONS REGARDING THE DESIGN,
EFFICACY, AND VIABILITY OF PROPOSALS.
(IV) THE COMMITTEE SHALL PRIORITIZE PROPOSALS THAT PROVIDE ANY OF THE
FOLLOWING:
(A) COMMUNITY-BASED JOB SKILLS SERVICES.
(B) COMMUNITY-BASED JOB PLACEMENT SERVICES.
(C) ADULT EDUCATION SERVICES.
(D) OTHER COMMUNITY-BASED SUPPORTIVE SERVICES.
6. THE COMMUNITY GRANTS REINVESTMENT PROGRAM SHALL NOT MAKE ANY GRANTS
TO MUNICIPAL GOVERNMENTS WHICH HAVE BANNED THE CULTIVATION, INCLUDING
PERSONAL CULTIVATION OF MARIHUANA UNDER SECTION 221.05-A OF THE PENAL
LAW, OR RETAIL SALE OF MARIHUANA OR MARIHUANA PRODUCTS PURSUANT TO ARTI-
CLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
§ 34. Paragraphs (i), (j) and (k) of subdivision 3 of section 160.50
of the criminal procedure law, paragraphs (i) and (j) as added by chap-
ter 905 of the laws of 1977 and paragraph (k) as added by chapter 835 of
the laws of 1977 and as relettered by chapter 192 of the laws of 1980,
are amended to read as follows:
(i) prior to the filing of an accusatory instrument in a local crimi-
nal court against such person, the prosecutor elects not to prosecute
such person. In such event, the prosecutor shall serve a certification
of such disposition upon the division of criminal justice services and
upon the appropriate police department or law enforcement agency which,
upon receipt thereof, shall comply with the provisions of paragraphs
(a), (b), (c) and (d) of subdivision one of this section in the same
manner as is required thereunder with respect to an order of a court
entered pursuant to said subdivision one[.]; OR
(j) following the arrest of such person, the arresting police agency,
prior to the filing of an accusatory instrument in a local criminal
court but subsequent to the forwarding of a copy of the fingerprints of
such person to the division of criminal justice services, elects not to
proceed further. In such event, the head of the arresting police agency
shall serve a certification of such disposition upon the division of
criminal justice services which, upon receipt thereof, shall comply with
the provisions of paragraphs (a), (b), (c) and (d) of subdivision one of
this section in the same manner as is required thereunder with respect
to an order of a court entered pursuant to said subdivision one[.]; OR
(k) (i) The accusatory instrument alleged a violation of article two
hundred twenty or section 240.36 of the penal law, prior to the taking
effect of article two hundred twenty-one of the penal law, or BY THE
CONVICTION OF SUCH PERSON OF a violation of [article two hundred twen-
ty-one] SECTION 221.45 of the penal law ON OR AFTER THE EFFECTIVE DATE
OF THE CHAPTER OF THE LAWS OF 2017 THAT AMENDED THIS SUBDIVISION OR A
VIOLATION OF SECTIONS 221.05, 221.10, 221.15, 221.20, 221.25, 221.30,
221.35, OR 221.40 OF THE PENAL LAW PRIOR TO THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF 2017 THAT AMENDED THIS SUBDIVISION; AND (ii) the
sole controlled substance involved is [marijuana; (iii) the conviction
was only for a violation or violations; and (iv) at least three years
have passed since the offense occurred] MARIHUANA. NO DEFENDANT SHALL
BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY FOR SEALING PURSUANT TO
THIS PARAGRAPH AS PART OF A PLEA OF GUILTY, SENTENCE OR ANY AGREEMENT
RELATED TO A CONVICTION FOR A VIOLATION OF SECTION 221.45 OF THE PENAL
LAW. ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY UNENFORCEABLE.
§ 35. Subdivision 4 of section 160.50 of the criminal procedure law,
as amended by chapter 905 of the laws of 1977 and renumbered by chapter
142 of the laws of 1991, is amended to read as follows:
S. 3040--A 54
4. A person in whose favor a criminal action or proceeding was termi-
nated, as defined in [paragraph] PARAGRAPHS (a) through (h), (K) OR (L)
of subdivision [two] THREE of this section, prior to the effective date
of [this section, may upon motion apply to the court in which such
termination occurred, upon not less than twenty days notice to the
district attorney, for an order granting to such person the relief set
forth in subdivision one of this section, and such order shall be grant-
ed unless the district attorney demonstrates to the satisfaction of the
court that the interests of justice require otherwise. A person in whose
favor a criminal action or proceeding was terminated, as defined in
paragraph (i) or (j) of subdivision two of this section, prior to the
effective date of this section, may apply to the appropriate prosecutor
or police agency for a certification as described in said paragraph (i)
or (j) granting to such person the relief set forth therein, and such
certification shall be granted by such prosecutor or police agency.] THE
CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT AMENDED THIS SUBDIVI-
SION, AND WHOSE RECORDS HAVE NOT BEEN SEALED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION, MAY APPLY TO HAVE THE RECORDS OF SUCH CRIMINAL ACTION
OR PROCEEDING SEALED AT THE CLERK'S OFFICE FOR THE COURT IN WHICH THE
CRIMINAL ACTION OR PROCEEDING WAS TERMINATED. APPLICATION MAY BE MADE BY
THE PERSON OR HIS OR HER ATTORNEY. UPON A DETERMINATION BY THE CLERK
THAT THE ACTION OR PROCEEDING WAS TERMINATED IN THE PERSON'S FAVOR AS
DEFINED IN SUBDIVISION THREE OF THIS SECTION, THE CLERK OF THE COURT
SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND THE HEADS OF ALL APPROPRIATE POLICE DEPARTMENTS AND
OTHER LAW ENFORCEMENT AGENCIES THAT THE ACTION HAS BEEN TERMINATED IN
FAVOR OF THE ACCUSED AND THAT THE RECORD OF SUCH ACTION OR PROCEEDINGS
SHALL BE SEALED. UPON RECEIPT OF NOTIFICATION OF SUCH TERMINATION AND
SEALING, ALL RECORDS RELATING TO THE CRIMINAL ACTION SHALL BE SEALED, AS
REQUIRED UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, AND ALL
PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS AND FINGERPRINTS
SHALL BE DESTROYED OR RETURNED AS SPECIFIED IN PARAGRAPHS (A) AND (B) OF
SUBDIVISION ONE OF THIS SECTION. THIS PARAGRAPH SHALL NOT APPLY TO CASES
IN WHICH THE COURT DECLINED TO SEAL FOR REASONS STATED ON THE RECORD,
PURSUANT TO SUBDIVISION ONE OF THIS SECTION. WHEN AN APPLICANT UNDER
THIS SUBDIVISION PRESENTS TO THE COURT CLERK FINGERPRINT RECORDS FROM
NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES OR A COURT DISPOSI-
TION WHICH INDICATE THAT A CRIMINAL ACTION OR PROCEEDING AGAINST THE
APPLICANT WAS DISMISSED BUT THE SUPPORTING COURT RECORDS CANNOT BE
LOCATED, HAVE BEEN DESTROYED, OR DO NOT INDICATE WHETHER THE DISMISSAL
WAS A "TERMINATION IN FAVOR OF" THE ACCUSED AS THAT TERM IS DEFINED IN
SUBDIVISION THREE OF THIS SECTION, THE CLERK OF THE COURT WHEREIN SUCH
CRIMINAL ACTION OR PROCEEDING WAS TERMINATED SHALL PROCEED AS IF THE
MATTER HAD BEEN SO TERMINATED.
§ 36. Subdivisions 1 and 2 of section 170.56 of the criminal procedure
law, subdivision 1 as amended by chapter 360 of the laws of 1977 and
subdivision 2 as added by chapter 1042 of the laws of 1971, is amended
to read as follows:
1. Upon or after arraignment in a local criminal court upon an infor-
mation, a prosecutor's information or a misdemeanor complaint, where the
sole remaining count or counts charge a violation or violations of
section [221.05, 221.10, 221.15, 221.35 or 221.40] 221.45 of the penal
law, OR UPON SUMMONS FOR A NUISANCE OFFENSE UNDER SECTION SIXTY-FIVE-C
OF THE ALCOHOLIC BEVERAGE CONTROL LAW and before the entry of a plea of
guilty thereto or commencement of a trial thereof, the court, upon
motion of a defendant, may order that all proceedings be suspended and
S. 3040--A 55
the action adjourned in contemplation of dismissal, or upon a finding
that adjournment would not be necessary or appropriate and the setting
forth in the record of the reasons for such findings, may dismiss in
furtherance of justice the accusatory instrument; provided, however,
that the court may not order such adjournment in contemplation of
dismissal or dismiss the accusatory instrument if: (a) the defendant has
previously been granted such adjournment in contemplation of dismissal,
or (b) the defendant has previously been granted a dismissal under this
section, or (c) the defendant has previously been convicted of any
offense involving controlled substances, or (d) the defendant has previ-
ously been convicted of a crime and the district attorney does not
consent or (e) the defendant has previously been adjudicated a youthful
offender on the basis of any act or acts involving controlled substances
and the district attorney does not consent. NOTWITHSTANDING THE LIMITA-
TIONS SET FORTH IN THIS SUBDIVISION, THE COURT MAY ORDER THAT ALL
PROCEEDINGS BE SUSPENDED AND THE ACTION ADJOURNED IN CONTEMPLATION OF
DISMISSAL BASED UPON A FINDING OF EXCEPTIONAL CIRCUMSTANCES. FOR
PURPOSES OF THIS SUBDIVISION, EXCEPTIONAL CIRCUMSTANCES EXIST WHEN,
REGARDLESS OF THE ULTIMATE DISPOSITION OF THE CASE, THE ENTRY OF A PLEA
OF GUILTY IS LIKELY TO RESULT IN SEVERE COLLATERAL CONSEQUENCES, INCLUD-
ING, BUT NOT LIMITED TO, THOSE THAT COULD LEAVE A NONCITIZEN INADMISSI-
BLE OR REMOVABLE FROM THE UNITED STATES.
2. Upon ordering the action adjourned in contemplation of dismissal,
the court must set and specify such conditions for the adjournment as
may be appropriate, and such conditions may include placing the defend-
ant under the supervision of any public or private agency. At any time
prior to dismissal the court may modify the conditions or extend or
reduce the term of the adjournment, except that the total period of
adjournment shall not exceed [twelve] SIX months. Upon violation of any
condition fixed by the court, the court may revoke its order and restore
the case to the calendar and the prosecution thereupon must proceed. If
the case is not so restored to the calendar during the period fixed by
the court, the accusatory instrument is, at the expiration of such peri-
od, deemed to have been dismissed in the furtherance of justice.
§ 37. Section 210.46 of the criminal procedure law, as amended by
chapter 360 of the laws of 1977, is amended to read as follows:
§ 210.46 Adjournment in contemplation of dismissal in marihuana cases
in a superior court.
Upon or after arraignment in a superior court upon an indictment where
the sole remaining count or counts charge a violation or violations of
section [221.05, 221.10, 221.15, 221.35 or 221.40] 221.45 of the penal
law and before the entry of a plea of guilty thereto or commencement of
a trial thereof, the court, upon motion of a defendant, may order that
all proceedings be suspended and the action adjourned in contemplation
of dismissal or may dismiss the indictment in furtherance of justice, in
accordance with the provisions of section 170.56 of this chapter.
§ 38. Paragraphs (h) and (i) of subdivision 1 of section 440.10 of the
criminal procedure law, paragraph (h) as amended by chapter 332 of the
laws of 2010 and paragraph (i) as amended by chapter 368 of the laws of
2015, are amended and a new paragraph (j) is added to read as follows:
(h) The judgment was obtained in violation of a right of the defendant
under the constitution of this state or of the United States; [or]
(i) The judgment is a conviction where the arresting charge was under
section 240.37 (loitering for the purpose of engaging in a prostitution
offense, provided that the defendant was not alleged to be loitering for
the purpose of patronizing a person for prostitution or promoting pros-
S. 3040--A 56
titution) or 230.00 (prostitution) or 230.03 (prostitution in a school
zone) of the penal law, and the defendant's participation in the offense
was a result of having been a victim of sex trafficking under section
230.34 of the penal law, labor trafficking under section 135.35 of the
penal law, aggravated labor trafficking under section 135.37 of the
penal law, compelling prostitution under section 230.33 of the penal
law, or trafficking in persons under the Trafficking Victims Protection
Act (United States Code, title 22, chapter 78); provided that
(i) a motion under this paragraph shall be made with due diligence,
after the defendant has ceased to be a victim of such trafficking or
compelling prostitution crime or has sought services for victims of such
trafficking or compelling prostitution crime, subject to reasonable
concerns for the safety of the defendant, family members of the defend-
ant, or other victims of such trafficking or compelling prostitution
crime that may be jeopardized by the bringing of such motion, or for
other reasons consistent with the purpose of this paragraph; and
(ii) official documentation of the defendant's status as a victim of
trafficking, compelling prostitution or trafficking in persons at the
time of the offense from a federal, state or local government agency
shall create a presumption that the defendant's participation in the
offense was a result of having been a victim of sex trafficking, compel-
ling prostitution or trafficking in persons, but shall not be required
for granting a motion under this paragraph[.]; OR
(J) THE JUDGMENT OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH AND IS A CONVICTION FOR:
(I) AN OFFENSE AS DEFINED BY SECTION 221.05 OR 221.10 OF THE PENAL LAW
(CRIMINAL POSSESSION OF MARIHUANA IN THE FIFTH DEGREE), AS IN EFFECT
PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH, PROVIDED THAT THE ACCUSA-
TORY INSTRUMENT THAT UNDERLIES THE JUDGMENT DOES NOT INCLUDE AN ALLEGA-
TION THAT THE DEFENDANT POSSESSED MORE THAN TWENTY-FIVE GRAMS OF MARI-
HUANA; OR
(II) AN OFFENSE AS DEFINED BY FORMER SECTION 221.35 OF THE PENAL LAW
(CRIMINAL SALE OF MARIHUANA IN THE FIFTH DEGREE).
§ 39. Subdivision 6 of section 440.10 of the criminal procedure law,
as added by chapter 332 of the laws of 2010, is amended to read as
follows:
6. If the court grants a motion under paragraph (i) OR PARAGRAPH (J)
of subdivision one of this section, it must vacate the judgment and
dismiss the accusatory instrument, and may take such additional action
as is appropriate in the circumstances.
§ 40. The criminal procedure law is amended by adding a new section
440.46-a to read as follows:
§ 440.46-A MOTION FOR RESENTENCE; PERSONS CONVICTED OF CERTAIN MARIHUANA
OFFENSES.
1. A PERSON CURRENTLY SERVING A SENTENCE FOR A CONVICTION, WHETHER BY
TRIAL OR BY OPEN OR NEGOTIATED PLEA, WHO WOULD NOT HAVE BEEN GUILTY OF
AN OFFENSE OR WHO WOULD HAVE BEEN GUILTY OF A LESSER OFFENSE ON AND
AFTER THE EFFECTIVE DATE OF THIS SECTION HAD THIS SECTION BEEN IN EFFECT
AT THE TIME OF HIS OR HER CONVICTION MAY PETITION FOR A RECALL OR
DISMISSAL OF SENTENCE BEFORE THE TRIAL COURT THAT ENTERED THE JUDGMENT
OF CONVICTION IN HIS OR HER CASE TO REQUEST RESENTENCING OR DISMISSAL IN
ACCORDANCE WITH ARTICLE TWELVE HUNDRED TWENTY-ONE OF THE PENAL LAW.
2. UPON RECEIVING A MOTION UNDER SUBDIVISION ONE OF THIS SECTION THE
COURT SHALL PRESUME THE MOVANT SATISFIES THE CRITERIA IN SUBDIVISION ONE
OF THIS SECTION UNLESS THE PARTY OPPOSING THE MOTION PROVES BY CLEAR AND
CONVINCING EVIDENCE THAT THE MOVANT DOES NOT SATISFY THE CRITERIA. IF
S. 3040--A 57
THE MOVANT SATISFIES THE CRITERIA IN SUBDIVISION ONE OF THIS SECTION,
THE COURT SHALL GRANT THE MOTION TO VACATE THE SENTENCE OR TO RESENTENCE
BECAUSE IT IS LEGALLY INVALID. IN EXERCISING ITS DISCRETION, THE COURT
MAY CONSIDER, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING:
(A) THE MOVANT'S CRIMINAL CONVICTION HISTORY, INCLUDING THE TYPE OF
CRIMES COMMITTED, THE EXTENT OF INJURY TO VICTIMS, THE LENGTH OF PRIOR
PRISON COMMITMENTS, AND THE REMOTENESS OF THE CRIMES.
(B) THE MOVANT'S DISCIPLINARY RECORD AND RECORD OF REHABILITATION
WHILE INCARCERATED.
3. A PERSON WHO IS SERVING A SENTENCE AND RESENTENCED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION SHALL BE GIVEN CREDIT FOR ANY TIME
ALREADY SERVED AND SHALL BE SUBJECT TO SUPERVISION FOR ONE YEAR FOLLOW-
ING COMPLETION OF HIS OR HER TIME IN CUSTODY OR SHALL BE SUBJECT TO
WHATEVER SUPERVISION TIME HE OR SHE WOULD HAVE OTHERWISE BEEN SUBJECT TO
AFTER RELEASE, WHICHEVER IS SHORTER, UNLESS THE COURT, IN ITS
DISCRETION, AS PART OF ITS RESENTENCING ORDER, RELEASES THE PERSON FROM
SUPERVISION. SUCH PERSON IS SUBJECT TO PAROLE SUPERVISION UNDER SECTION
60.04 OF THE PENAL LAW OR POST-RELEASE SUPERVISION UNDER SECTION 70.45
OF THE PENAL LAW BY THE DESIGNATED AGENCY AND THE JURISDICTION OF THE
COURT IN THE COUNTY IN WHICH THE OFFENDER IS RELEASED OR RESIDES, OR IN
WHICH AN ALLEGED VIOLATION OF SUPERVISION HAS OCCURRED, FOR THE PURPOSE
OF HEARING PETITIONS TO REVOKE SUPERVISION AND IMPOSE A TERM OF CUSTODY.
4. UNDER NO CIRCUMSTANCES MAY RESENTENCING UNDER THIS SECTION RESULT
IN THE IMPOSITION OF A TERM LONGER THAN THE ORIGINAL SENTENCE, OR THE
REINSTATEMENT OF CHARGES DISMISSED PURSUANT TO A NEGOTIATED PLEA AGREE-
MENT.
5. A PERSON WHO HAS COMPLETED HIS OR HER SENTENCE FOR A CONVICTION
UNDER THE FORMER ARTICLE TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, WHETH-
ER BY TRIAL OR OPEN OR NEGOTIATED PLEA, WHO WOULD NOT HAVE BEEN GUILTY
OF AN OFFENSE OR WHO WOULD HAVE BEEN GUILTY OF A LESSER OFFENSE ON AND
AFTER THE EFFECTIVE DATE OF THIS SECTION HAD THIS SECTION BEEN IN EFFECT
AT THE TIME OF HIS OR HER CONVICTION, MAY FILE AN APPLICATION BEFORE THE
TRIAL COURT THAT ENTERED THE JUDGMENT OF CONVICTION IN HIS OR HER CASE
TO HAVE THE CONVICTION, IN ACCORDANCE WITH ARTICLE TWO HUNDRED TWENTY-
ONE OF THE PENAL LAW:
(A) DISMISSED BECAUSE THE PRIOR CONVICTION IS NOW LEGALLY INVALID AND
SEALED IN ACCORDANCE WITH SECTION 160.50 OF THIS CHAPTER;
(B) REDESIGNATED (OR "RECLASSIFIED") AS A VIOLATION AND SEALED IN
ACCORDANCE WITH SECTION 160.50 OF THIS CHAPTER; OR
(C) REDESIGNATED (RECLASSIFIED) AS A MISDEMEANOR.
6. THE COURT SHALL PRESUME THE PETITIONER SATISFIES THE CRITERIA IN
SUBDIVISION FIVE UNLESS THE PARTY OPPOSING THE APPLICATION PROVES BY
CLEAR AND CONVINCING EVIDENCE THAT THE PETITIONER DOES NOT SATISFY THE
CRITERIA IN SUBDIVISION FIVE. ONCE THE APPLICANT SATISFIES THE CRITERIA
IN SUBDIVISION FIVE, THE COURT SHALL REDESIGNATE (OR "RECLASSIFY") THE
CONVICTION AS A MISDEMEANOR, REDESIGNATE (RECLASSIFY) THE CONVICTION AS
A VIOLATION AND SEAL THE CONVICTION, OR DISMISS AND SEAL THE CONVICTION
AS LEGALLY INVALID UNDER THIS SECTION HAD THIS SECTION BEEN IN EFFECT AT
THE TIME OF HIS OR HER CONVICTION.
7. UNLESS REQUESTED BY THE APPLICANT, NO HEARING IS NECESSARY TO GRANT
OR DENY AN APPLICATION FILED UNDER SUBDIVISION FIVE OF THIS SECTION.
8. ANY FELONY CONVICTION THAT IS VACATED AND RESENTENCED UNDER SUBDI-
VISION TWO OR DESIGNATED AS A MISDEMEANOR OR VIOLATION UNDER SUBDIVISION
SIX OF THIS SECTION SHALL BE CONSIDERED A MISDEMEANOR OR VIOLATION FOR
ALL PURPOSES. ANY MISDEMEANOR CONVICTION THAT IS VACATED AND RESENTENCED
UNDER SUBDIVISION TWO OF THIS SECTION OR DESIGNATED AS A VIOLATION UNDER
S. 3040--A 58
SUBDIVISION SIX OF THIS SECTION SHALL BE CONSIDERED A VIOLATION FOR ALL
PURPOSES.
9. IF THE COURT THAT ORIGINALLY SENTENCED THE MOVANT IS NOT AVAILABLE,
THE PRESIDING JUDGE SHALL DESIGNATE ANOTHER JUDGE TO RULE ON THE PETI-
TION OR APPLICATION.
10. NOTHING IN THIS SECTION IS INTENDED TO DIMINISH OR ABROGATE ANY
RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THE PETITIONER OR APPLICANT.
11. NOTHING IN THIS AND RELATED SECTIONS IS INTENDED TO DIMINISH OR
ABROGATE THE FINALITY OF JUDGEMENTS IN ANY CASE NOT FALLING WITHIN THE
PURVIEW OF THIS SECTION.
12. THE PROVISIONS OF THIS SECTION SHALL APPLY EQUALLY TO JUVENILE
DELINQUENCY ADJUDICATIONS AND DISPOSITIONS UNDER SECTION FIVE HUNDRED
ONE-E OF THE EXECUTIVE LAW IF THE JUVENILE WOULD NOT HAVE BEEN GUILTY OF
AN OFFENSE OR WOULD HAVE BEEN GUILTY OF A LESSER OFFENSE UNDER THIS
SECTION HAD THIS SECTION BEEN IN EFFECT AT THE TIME OF HIS OR HER
CONVICTION.
13. THE OFFICE OF COURT ADMINISTRATION SHALL PROMULGATE AND MAKE
AVAILABLE ALL NECESSARY FORMS TO ENABLE THE FILING OF THE PETITIONS AND
APPLICATIONS PROVIDED IN THIS SECTION NO LATER THAN SIXTY DAYS FOLLOWING
THE EFFECTIVE DATE OF THIS SECTION.
§ 41. Paragraph (c) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 37 of the laws of 2014, is amended
to read as follows:
(c) Criminal possession of a controlled substance in the seventh
degree as defined in section 220.03 of the penal law, criminal
possession of a controlled substance in the fifth degree as defined in
section 220.06 of the penal law, criminal possession of a controlled
substance in the fourth degree as defined in section 220.09 of the penal
law, criminal possession of a controlled substance in the third degree
as defined in section 220.16 of the penal law, criminal possession of a
controlled substance in the second degree as defined in section 220.18
of the penal law, criminal possession of a controlled substance in the
first degree as defined in section 220.21 of the penal law, criminal
sale of a controlled substance in the fifth degree as defined in section
220.31 of the penal law, criminal sale of a controlled substance in the
fourth degree as defined in section 220.34 of the penal law, criminal
sale of a controlled substance in the third degree as defined in section
220.39 of the penal law, criminal sale of a controlled substance in the
second degree as defined in section 220.41 of the penal law, criminal
sale of a controlled substance in the first degree as defined in section
220.43 of the penal law, criminally possessing a hypodermic instrument
as defined in section 220.45 of the penal law, criminal sale of a
prescription for a controlled substance or a controlled substance by a
practitioner or pharmacist as defined in section 220.65 of the penal
law, criminal possession of methamphetamine manufacturing material in
the second degree as defined in section 220.70 of the penal law, crimi-
nal possession of methamphetamine manufacturing material in the first
degree as defined in section 220.71 of the penal law, criminal
possession of precursors of methamphetamine as defined in section 220.72
of the penal law, unlawful manufacture of methamphetamine in the third
degree as defined in section 220.73 of the penal law, unlawful manufac-
ture of methamphetamine in the second degree as defined in section
220.74 of the penal law, unlawful manufacture of methamphetamine in the
first degree as defined in section 220.75 of the penal law, unlawful
disposal of methamphetamine laboratory material as defined in section
220.76 of the penal law, operating as a major trafficker as defined in
S. 3040--A 59
section 220.77 of the penal law, [criminal possession of marihuana in
the first degree as defined in section 221.30 of the penal law, criminal
sale of marihuana in the first degree as defined in section 221.55 of
the penal law,] promoting gambling in the second degree as defined in
section 225.05 of the penal law, promoting gambling in the first degree
as defined in section 225.10 of the penal law, possession of gambling
records in the second degree as defined in section 225.15 of the penal
law, possession of gambling records in the first degree as defined in
section 225.20 of the penal law, and possession of a gambling device as
defined in section 225.30 of the penal law;
§ 42. Paragraphs (b) and (c) of subdivision 4-b and subdivisions 6 and
9 of section 1310 of the civil practice law and rules, paragraphs (b)
and (c) of subdivision 4-b as added by chapter 655 of the laws of 1990
and subdivisions 6 and 9 as added by chapter 669 of the laws of 1984,
are amended to read as follows:
(b) on three or more occasions, engaging in conduct constituting a
violation of any of the felonies defined in section 220.09, 220.16,
220.18, 220.21, 220.31, 220.34, 220.39, 220.41[,] OR 220.43 [or 221.55]
of the penal law, which violations do not constitute a single criminal
offense as defined in subdivision one of section 40.10 of the criminal
procedure law, or a single criminal transaction, as defined in paragraph
(a) of subdivision two of section 40.10 of the criminal procedure law,
and at least one of which resulted in a conviction of such offense, or
where the accusatory instrument charges one or more of such felonies,
conviction upon a plea of guilty to a felony for which such plea is
otherwise authorized by law; or
(c) a conviction of a person for a violation of section 220.09,
220.16, 220.34 or 220.39 of the penal law, [or a conviction of a crimi-
nal defendant for a violation of section 221.30 of the penal law,] or
where the accusatory instrument charges any such felony, conviction upon
a plea of guilty to a felony for which the plea is otherwise authorized
by law, together with evidence which: (i) provides substantial indicia
that the defendant used the real property to engage in a continual,
ongoing course of conduct involving the unlawful mixing, compounding,
manufacturing, warehousing, or packaging of controlled substances [or
where the conviction is for a violation of section 221.30 of the penal
law, marijuana,] as part of an illegal trade or business for gain; and
(ii) establishes, where the conviction is for possession of a controlled
substance [or where the conviction is for a violation of section 221.30
of the penal law, marijuana], that such possession was with the intent
to sell it.
[6. "Pre-conviction forfeiture crime" means only a felony defined in
article two hundred twenty or section 221.30 or 221.55 of the penal
law.]
9. "Criminal defendant" means a person who has criminal liability for
a crime defined in [subdivisions] SUBDIVISION five [and six hereof] OF
THIS SECTION. For purposes of this article, a person has criminal
liability when [(a)] he has been convicted of a post-conviction forfei-
ture crime[, or (b) the claiming authority proves by clear and convinc-
ing evidence that such person has committed an act in violation of arti-
cle two hundred twenty or section 221.30 or 221.55 of the penal law].
§ 43. Subdivision 3-a and paragraphs (a) and (b) of subdivision 11 of
section 1311 of the civil practice law and rules, subdivision 3-a as
added by chapter 655 of the laws of 1990 and paragraphs (a) and (b) of
subdivision 11 as amended by section 47 of part A-1 of chapter 56 of the
laws of 2010, are amended to read as follows:
S. 3040--A 60
3-a. Conviction of a person in a criminal action upon an accusatory
instrument which includes one or more of the felonies specified in
subdivision four-b of section thirteen hundred ten of this article, of
any felony other than such felonies, shall not preclude a defendant, in
any subsequent proceeding under this article where that conviction is at
issue, from adducing evidence that the conduct underlying the conviction
would not establish the elements of any of the felonies specified in
such subdivision other than the one to which the criminal defendant pled
guilty. If the defendant does adduce such evidence, the burden shall be
upon the claiming authority to prove, by clear and convincing evidence,
that the conduct underlying the criminal conviction would establish the
elements of the felony specified in such subdivision. Nothing contained
in this subdivision shall affect the validity of a settlement of any
forfeiture action negotiated between the claiming authority and a crimi-
nal defendant contemporaneously with the taking of a plea of guilty in a
criminal action to any felony defined in article two hundred twenty [or
section 221.30 or 221.55] of the penal law, or to a felony conspiracy to
commit the same.
(a) Any stipulation or settlement agreement between the parties to a
forfeiture action shall be filed with the clerk of the court in which
the forfeiture action is pending. No stipulation or settlement agreement
shall be accepted for filing unless it is accompanied by an affidavit
from the claiming authority that written notice of the stipulation or
settlement agreement, including the terms of such, has been given to the
office of victim services, the state division of criminal justice
services[, and in the case of a forfeiture based on a felony defined in
article two hundred twenty or section 221.30 or 221.55 of the penal law,
to the state division of substance abuse services].
(b) No judgment or order of forfeiture shall be accepted for filing
unless it is accompanied by an affidavit from the claiming authority
that written notice of judgment or order, including the terms of such,
has been given to the office of victim services, the state division of
criminal justice services[, and in the case of a forfeiture based on a
felony defined in article two hundred twenty or section 221.30 or 221.55
of the penal law, to the state division of substance abuse services].
§ 44. Subdivision 13 of section 89-f of the general business law, as
added by chapter 336 of the laws of 1992, is amended to read as follows:
13. "Serious offense" shall mean any felony involving the offenses
enumerated in the closing paragraph of this subdivision; a criminal
solicitation of or a conspiracy to commit or an attempt to commit or a
criminal facilitation of a felony involving the offenses enumerated in
the closing paragraph of this subdivision, which criminal solicitation,
conspiracy, attempt or criminal facilitation itself constitutes a felony
or any offense in any other jurisdiction which if committed in this
state would constitute a felony; any offense in any other jurisdiction
which if committed in this state would constitute a felony provided that
for the purposes of this article, none of the following shall be consid-
ered criminal convictions or reported as such: (i) a conviction for
which an executive pardon has been issued pursuant to the executive law;
(ii) a conviction which has been vacated and replaced by a youthful
offender finding pursuant to article seven hundred twenty of the crimi-
nal procedure law, or the applicable provisions of law of any other
jurisdiction; or (iii) a conviction the records of which have been
sealed pursuant to the applicable provisions of the laws of this state
or of any other jurisdiction; and (iv) a conviction for which other
S. 3040--A 61
evidence of successful rehabilitation to remove the disability has been
issued.
Felonies involving: assault, aggravated assault and reckless endanger-
ment pursuant to article one hundred twenty; vehicular manslaughter,
manslaughter and murder pursuant to article one hundred twenty-five; sex
offenses pursuant to article one hundred thirty; unlawful imprisonment,
kidnapping or coercion pursuant to article one hundred thirty-five;
criminal trespass and burglary pursuant to article one hundred forty;
criminal mischief, criminal tampering and tampering with a consumer
product pursuant to article one hundred forty-five; arson pursuant to
article one hundred fifty; larceny and offenses involving theft pursuant
to article one hundred fifty-five; offenses involving computers pursuant
to article one hundred fifty-six; robbery pursuant to article one
hundred sixty; criminal possession of stolen property pursuant to arti-
cle one hundred sixty-five; forgery and related offenses pursuant to
article one hundred seventy; involving false written statements pursuant
to article one hundred seventy-five; commercial bribing and commercial
bribe receiving pursuant to article one hundred eighty; criminal imper-
sonation and scheme to defraud pursuant to article one hundred ninety;
bribery involving public servants and related offenses pursuant to arti-
cle two hundred; perjury and related offenses pursuant to article two
hundred ten; tampering with a witness, intimidating a victim or witness
and tampering with physical evidence pursuant to article two hundred
fifteen; criminal possession of a controlled substance pursuant to
sections 220.06, 220.09, 220.16, 220.18 and 220.21; criminal sale of a
controlled substance pursuant to sections 220.31, 220.34, 220.39,
220.41, 220.43 and 220.44; criminal sale of [marijuana] MARIHUANA IN THE
FIRST DEGREE pursuant to [sections] SECTION 221.45[, 221.50 and 221.55];
riot in the first degree, aggravated harassment in the first degree,
criminal nuisance in the first degree and falsely reporting an incident
in the second or first degree pursuant to article two hundred forty; and
crimes against public safety pursuant to article two hundred sixty-five
of the penal law.
§ 45. Paragraph (f) of subdivision 2 of section 850 of the general
business law is REPEALED.
§ 46. Paragraph (h) of subdivision 2 of section 850 of the general
business law, as amended by chapter 812 of the laws of 1980, is amended
to read as follows:
(h) Objects, used or designed for the purpose of ingesting, inhaling,
or otherwise introducing [marihuana,] cocaine, [hashish, or hashish oil]
into the human body.
§ 47. Paragraph a of subdivision 4-a of section 165 of the state
finance law, as added by chapter 95 of the laws of 2000, is amended to
read as follows:
a. In order to advance specific economic goals, New York state
labelled wines, as defined in subdivision [twenty-a] TWENTY-J of section
three of the alcoholic beverage control law, shall have favored source
status for the purposes of procurement in accordance with the provisions
of this subdivision. Procurement of these New York state labelled wines
shall be exempt from the competitive procurement provisions of section
one hundred sixty-three of this article and other competitive procure-
ment statutes. Such exemption shall apply to New York state labelled
wines as defined in subdivision [twenty-a] TWENTY-J of section three of
the alcoholic beverage control law produced by a licensed winery as
defined in section seventy-six of the alcoholic beverage control law.
S. 3040--A 62
§ 48. Subdivision 7 of section 995 of the executive law, as amended by
chapter 19 of the laws of 2012, is amended to read as follows:
7. "Designated offender" means a person convicted of any felony
defined in any chapter of the laws of the state or any misdemeanor
defined in the penal law [except that where the person is convicted
under section 221.10 of the penal law, only a person convicted under
subdivision two of such section, or a person convicted under subdivision
one of such section who stands previously convicted of any crime as
defined in subdivision six of section 10.00 of the penal law].
§ 49. Paragraphs (b) and (c) of subdivision 7 of section 480.00 of the
penal law, paragraph (b) as amended by section 31 of part AAA of chapter
56 of the laws of 2009 and paragraph (c) as added by chapter 655 of the
laws of 1990, are amended to read as follows:
(b) three or more violations of any of the felonies defined in section
220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
220.43[,] OR 220.77[, or 221.55] of this chapter, which violations do
not constitute a single criminal offense as defined in subdivision one
of section 40.10 of the criminal procedure law, or a single criminal
transaction, as defined in paragraph (a) of subdivision two of section
40.10 of the criminal procedure law, and at least one of which resulted
in a conviction of such offense, or where the accusatory instrument
charges one or more of such felonies, conviction upon a plea of guilty
to a felony for which such plea is otherwise authorized by law; or
(c) a conviction of a person for a violation of section 220.09,
220.16, 220.34[,] OR 220.39[, or 221.30] of this chapter, or where the
accusatory instrument charges any such felony, conviction upon a plea of
guilty to a felony for which the plea is otherwise authorized by law,
together with evidence which: (i) provides substantial indicia that the
defendant used the real property to engage in a continual, ongoing
course of conduct involving the unlawful mixing, compounding, manufac-
turing, warehousing, or packaging of controlled substances [or where the
conviction is for a violation of section 221.30 of this chapter, mari-
juana] as part of an illegal trade or business for gain; and (ii) estab-
lishes, where the conviction is for possession of a controlled substance
[or where the conviction is for a violation of section 221.30 of this
chapter, marijuana], that such possession was with the intent to sell
it.
§ 50. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 368 of the laws of 2015, is
amended to read as follows:
(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16, 220.31, 220.34, 220.60, 220.65, [221.30, 221.50, 221.55,]
230.00, 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05,
235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of
section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
265.10, 265.12, 265.35 of the penal law or an attempt to commit any of
the aforesaid offenses under section 110.00 of the penal law, or any
similar offenses committed under a former section of the penal law, or
any offenses committed under a former section of the penal law which
would constitute violations of the aforesaid sections of the penal law,
S. 3040--A 63
or any offenses committed outside this state which would constitute
violations of the aforesaid sections of the penal law.
§ 51. Appropriation. The sum of five million dollars ($5,000,000) is
hereby appropriated to the New York State Liquor Authority out of any
moneys in the state treasury in the general fund to the credit of the
state purposes account, not otherwise appropriated, and made immediately
available, for the purpose of carrying out the provisions of this act.
Such moneys shall be payable on the audit and warrant of the comptroller
on vouchers certified or approved by the superintendent or the chairman
of the New York State Liquor Authority in the manner prescribed by law.
§ 52. Severability. If any provision or term of this act is for any
reason declared unconstitutional or invalid or ineffective by any court
of competent jurisdiction, such decision shall not affect the validity
of the effectiveness of the remaining portions of this act or any part
thereof.
§ 53. This act shall take effect immediately.
co-Sponsors
(D) Senate District
(D) 36th Senate District
(D) 14th Senate District
(D) Senate District
(D, WF) 12th Senate District
(D) Senate District
(D, WF) 47th Senate District
(D) Senate District
(D, WF) 21st Senate District
(D, WF) Senate District
(D, WF) 33rd Senate District
(D) 32nd Senate District
(D, WF) 29th Senate District
2017-S3040B - Details
2017-S3040B - Summary
Enacts the "marihuana regulation and taxation act"; relates to the description of marihuana, and the growing of and use of marihuana by persons twenty-one years of age or older; makes technical changes regarding the definition of marihuana; relates to the qualification of certain offenses involving marihuana and exempts certain persons from prosecution for the use, consumption, display, production or distribution of marihuana
2017-S3040B - Sponsor Memo
BILL NUMBER: S3040B
TITLE OF BILL : An act to amend the public health law, in relation
to the description of marihuana, and the growing of and use of
marihuana by persons twenty-one years of age or older; to amend the
civil practice law and rules, in relation to removing certain
references to marihuana relating to forfeiture actions; to amend the
vehicle and traffic law, in relation to making technical changes
regarding the definition of marihuana; to amend the penal law, in
relation to the qualification of certain offenses involving marihuana
and to exempt certain persons from prosecution for the use,
consumption, display, production or distribution of marihuana; to
amend the alcoholic beverage control law, in relation to providing for
the licensure of persons authorized to produce, process and sell
marihuana; to amend the state finance law, in relation to establishing
the New York state marihuana revenue fund, the New York state drug
treatment education fund and the New York state community grants
reinvestment fund; to amend the tax law, in relation to providing for
the levying of an excise tax on certain sales of marihuana; to amend
the criminal procedure law, the civil practice law and rules, the
general business law, the state finance law, the executive law, the
penal law and the vehicle and traffic law, in relation to making
conforming changes; to repeal sections 221.05, 221.10, 221.15, 221.20,
221.25, 221.30, 221.35 and 221.40 of the penal law relating to the
criminal possession and sale of marihuana; to repeal paragraph (f) of
subdivision 2 of section 850 of the general business law relating to
drug related paraphernalia; to repeal section 150.75 of the criminal procedure law relating to appearance tickets for certain marihuana offenses; and making an appropriation therefor SUMMARY OF SPECIFIC PROVISIONS : Section one of the bill is the title. Section two of the bill is comprised of legislative findings and statements of purpose. Section three of the bill amends section 3302 of the Public Health Law to eliminate the definitions of Concentrated Cannabis and Marihuana from the controlled substances act. Section four of the bill amends section 3306 of the Public Health Law to remove the classification of marihuana as a schedule 1 hallucinogen on the schedules of controlled substances. Section five of the bill amends section 3382 of the Public Health Law to allow home cultivation of up to 6 marihuana plants by individuals twenty-one years or older. Section six of the bill amends section 1311 of the Civil Practice Law and Rules to exclude marihuana possession as grounds for a currency forfeiture action. Section seven of the bill amends section 3397-b of the public health law to make conforming changes in definition of marihuana. Section eight of the bill amends section 114a of the Vehicle and Traffic Law adding marihuana and concentrated cannabis to the definition of drug for purposes of driving under the influence. Section nine of the bill amends section 220.0 of the Penal Law to update the definition of marihuana and include a definition for concentrated cannabis as a controlled substance. Sections ten to twelve of the bill update cross references to amended sections of the penal law. Section thirteen of the bill amends section 220.50 of the Penal Law to exclude marihuana paraphernalia from criminal use of drug paraphernalia. Section fourteen of the bill repeals sections 221.05, 221.10, 221.15. 221. 20, 221.25, 221.30 and 221.40 related to illegal possession and sale of marihuana. Section fifteen of the bill adds new section 221.05 and 211.05-a to the Penal Law to establish conditions for legal personal use and cultivation of marihuana and penalties for violations of those conditions. Section sixteen of the bill amends section 221.45 of the Penal Law to define unlicensed sale of marihuana in the third degree. Section seventeen of the bill amends section 221.50 of the Penal Law bill to define unlicensed sale of marihuana in the second degree. Section eighteen of the bill amends section 221.55 of the Penal Law, to define unlicensed sale of marihuana in the first degrees. Section nineteen of the bill adds a new section 221.60 to the Penal Law establishing that those acting in compliance with the Alcohol Beverage Control Law are exempt from sections § 220 and § 221 of the New York Penal Law. Section twenty of the bill amends subdivision 8 of section 1399-n of the Public Health Law to include marihuana in list of substances subject to smoking regulations. Sections twenty-one of the bill amends section 2 of the Alcoholic Beverage Control Law to include regulation of marihuana products in the purpose of this chapter. Section twenty-two of the bill amends section 3 of the Alcoholic Beverage Control Law to include definitions of Concentrated Cannabis, Marihuana, and Marihuana consumers, processors, producer, products, infused products, retailer and retailer for on-premises consumption, and unreasonably impracticable. Section twenty-three of the bill amends section 65-b of the Alcoholic Beverage Control law to ban use of fraudulent documents for the purpose of purchasing marihuana products by persons under twenty-one years of age, and establishing procedures for sellers of marihuana products to prevent such sales. Section twenty-four of the bill amends section 65-c of the Alcoholic Beverage Control law to make possession of marihuana by those under twenty-one unlawful, and to establish penalties and requirements for completion of a drug awareness program for those who violate this section. Section twenty-five of the bill adds a new section 65-e to the Alcoholic Beverage Control law establishing restrictions for personal use of marihuana, including smoking in public or where smoking tobacco is banned, possessing, smoking or ingesting on school grounds, and smoking or ingesting while operating a motor vehicle, and establishing penalties for violations of this section. Section twenty-six of the bill amends section 140 of the Alcoholic Beverage Control Law to extend the option of any town or city to ban sale of alcoholic beverages to sales of marihuana. Section twenty-seven of the bill amends section 141 of the Alcoholic Beverage Control Law to apply the rules governing referendum procedures for banning sales of alcohol by towns to sales of marihuana. Section twenty-eight of the bill amends section 142 of the Alcoholic Beverage Control Law to establish that sale of marihuana is prohibited in any city that passes a referendum against such sales. Section twenty-nine of the bill amends section 147 of the Alcoholic Beverage Control Law to establish that if the rules regarding future referendums will also apply to marihuana sales. Section thirty of the bill renumbers article 11 of the Alcoholic Beverage Control Law as article 12 and sections 160, 161, 162, 163 and 164 as sections 200, 201, 202, 203 and 204. Section thirty-one of the bill adds a new Article 11 to the Alcoholic Beverage Control Law providing establishment of a bureau of marihuana policy to provide for the regulation of marihuana production, processing, testing, distribution and sale within the State Liquor Authority, establishing licensing and permitting rules, and providing for penalties for violations. Section thirty-two of the bill adds new sections 99-bb, 99-cc and 99-cc to the State Finance law establishing the marihuana revenue fund, the drug treatment public education fund, and the community grants reinvestment funds. These funds will distribute revenue generated by this legislation for administrative costs, data tracking and reporting, program evaluation, public education, drug treatment and health education, and grants to support community-based programs providing job placement, job skills, adult education, mental health, legal services addressing barriers to reentry, women's health and other community-based supportive services in communities disproportionately affected by past federal and state drug policies. Section thirty-three of the bill adds a new Article 18-A to the New York Tax Code imposing an excise tax on marihuana and concentrated cannabis, and establishing a formula for distribution of the proceeds of this tax. Proceeds from the tax will be placed in a fund established by the comptroller known as the marihuana revenue fund. Localities would also be authorized to impose a sales tax of up to two percent on retail sales. Section thirty-four of the bill amends subdivision 3 of section 160.50 of the criminal procedure law to update references to clearing of records in criminal actions terminated in favor of the accused. Section thirty-five of the bill amends subdivision 4 of section 160.50 of the criminal procedure law to update references to provide for persons to apply for sealing of records. Section thirty-six of the bill amends section 170.56 of the criminal procedure law providing for suspension of court proceedings and adjournment in contemplation of dismissal for exceptional circumstances in marihuana related violations. Section thirty-seven of the bill updates cross references in section 210.46 of the criminal procedure law. Section thirty-eight of the bill amends section 440.10 of the criminal procedure law to provide for vacating convictions based on marihuana possession in cases where the offense would no longer be a crime under this act. Section thirty-nine of the bill amends section 440.10 of the criminal procedure law to update cross references. Section forty of the bill adds a new section 446.46-a providing for motions to resentence persons convicted of marihuana offenses under penal laws prior to the passage of this legislation. Section forty-one through forty-three of the bill of the bill update cross references to amended sections of the criminal procedure law, civil practice law and rules, and general business law. Section forty-four and forty-five of the bill amend section 850 to remove references to marihuana and hashish paraphernalia. Section forty-six of the bill updates cross references in the state finance law to amended sections in the alcoholic beverage control law. Section forty-seven through forty-nine of the bill update definitions and cross references to amended sections of the penal law. Section fifty of the bill updates section 1194 of the vehicle and traffic law to specify testing limits for marihuana content. Section fifty-one and fifty-two of the bill amends section 12 of the alcoholic beverage control law to include the development of substance abuse training awareness programs within the powers of the authority. Section fifty-three of the bill repeals section 150.75 of the criminal procedure law. Section fifty-four of the bill updates cross references in the family court act. Section fifty-five of the bill provides for an appropriation of five million dollars to the State Liquor Authority for implementation of this act. Section fifty-six is a severability clause. Section fifty-seven of the bill is the effective date. JUSTIFICATION : Existing marihuana laws have not been beneficial to the welfare of the general public. Existing laws have been ineffective in reducing or curbing marihuana use and have instead resulted in devastating collateral consequences that inhibit an otherwise law-abiding citizen's ability to access housing, employment opportunities, and other vital services. Existing laws have also created an illicit market that represents a threat to public health and reduces the ability of the legislature to deter the accessing of marihuana by minors. Existing marihuana laws have also disproportionately impacted African-American and Latino communities and cost New York governments millions of dollars every year to enforce. The intent of this act is to regulate, control, and tax marihuana in a manner similar to alcohol, generate millions of dollars in new revenue, prevent access to marihuana by those under the age of twenty-one years, reduce the illegal drug market and reduce violent crime, reduce participation of otherwise law-abiding citizens in the illicit market, end the racially disparate impact of existing marihuana laws and create new industries and increase employment. The New York Police Department arrested 18,136 people for marijuana possession in 2016, a 9 percent increase from 2015. The enforcement of present law has disproportionately effected African-American and Latino communities; often giving first time, non-violent offenders, an extraneous criminal record. Government health surveys find that young whites use marihuana at higher rates than young blacks and Latinos. But in 2016, 95 percent of those charged with marijuana possession in New York City were African-American or Latino. Aside from mitigating these issues, the regulation and taxation act will also help accrue revenue for the state; portions of which will go back (through government agencies and programs) to communities that have been impacted by present law. PRIOR LEGISLATIVE HISTORY : New Bill FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : Increase revenue for state and local governments. Fiscal implication assumptions for similar legislation implemented in Colorado, Amendment 64, estimated an annual revenue increase of 5-22 million dollars and an annual spending increase of .5-1.5 million dollars. Given the larger population of New York State this legislation should generate revenue substantially larger than these estimates. EFFECTIVE DATE : Immediately.
2017-S3040B - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3040--B
2017-2018 Regular Sessions
I N S E N A T E
January 19, 2017
___________
Introduced by Sens. KRUEGER, ALCANTARA, BAILEY, COMRIE, DILAN, HAMILTON,
HOYLMAN, MONTGOMERY, PARKER, PERALTA, RIVERA, SERRANO -- 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 public health law, in relation to the description of
marihuana, and the growing of and use of marihuana by persons twenty-
one years of age or older; to amend the civil practice law and rules,
in relation to removing certain references to marihuana relating to
forfeiture actions; to amend the vehicle and traffic law, in relation
to making technical changes regarding the definition of marihuana; to
amend the penal law, in relation to the qualification of certain
offenses involving marihuana and to exempt certain persons from prose-
cution for the use, consumption, display, production or distribution
of marihuana; to amend the alcoholic beverage control law, in relation
to providing for the licensure of persons authorized to produce, proc-
ess and sell marihuana; to amend the state finance law, in relation to
establishing the New York state marihuana revenue fund, the New York
state drug treatment education fund and the New York state community
grants reinvestment fund; to amend the tax law, in relation to provid-
ing for the levying of an excise tax on certain sales of marihuana; to
amend the criminal procedure law, the civil practice law and rules,
the general business law, the state finance law, the executive law,
the penal law and the vehicle and traffic law, in relation to making
conforming changes; to repeal sections 221.05, 221.10, 221.15, 221.20,
221.25, 221.30, 221.35 and 221.40 of the penal law relating to the
criminal possession and sale of marihuana; to repeal paragraph (f) of
subdivision 2 of section 850 of the general business law relating to
drug related paraphernalia; to repeal section 150.75 of the criminal
procedure law relating to appearance tickets for certain marihuana
offenses; and making an appropriation therefor
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05327-06-7
S. 3040--B 2
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "marihuana
regulation and taxation act".
§ 2. Legislative findings and intent. The legislature finds that
existing marihuana laws have not been beneficial to the welfare of the
general public. Existing laws have been ineffective in reducing or curb-
ing marihuana use and have instead resulted in devastating collateral
consequences that inhibit an otherwise law-abiding citizen's ability to
access housing, employment opportunities, and other vital services.
Existing laws have also created an illicit market which represents a
threat to public health and reduces the ability of the legislature to
deter the accessing of marihuana by minors. Existing marihuana laws have
also disproportionately impacted African-American and Latino communi-
ties.
The intent of this act is to regulate, control, and tax marihuana in a
manner similar to alcohol, generate millions of dollars in new revenue,
prevent access to marihuana by those under the age of twenty-one years,
reduce the illegal drug market and reduce violent crime, reduce partic-
ipation of otherwise law-abiding citizens in the illicit market, end the
racially disparate impact of existing marihuana laws and create new
industries and increase employment.
Nothing in this act is intended to limit the authority of any district
government agency or office or employers to enact and enforce policies
pertaining to marihuana in the workplace, to allow driving under the
influence of marihuana, to allow individuals to engage in conduct that
endangers others, to allow smoking marihuana in any location where smok-
ing tobacco is prohibited, or to require any individual to engage in any
conduct that violates federal law or to exempt anyone from any require-
ment of federal law or pose any obstacle to the federal enforcement of
federal law.
Nothing in this act is intended to limit any privileges or rights of a
medical marihuana patient or medical marihuana caregiver under the New
York Compassionate Care Act.
§ 3. Section 3302 of the public health law, as added by chapter 878 of
the laws of 1972, subdivisions 1, 14, 16, 17 and 27 as amended and
subdivisions 4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19, 20, 21, 22, 23, 24,
25, 26, 28, 29 and 30 as renumbered by chapter 537 of the laws of 1998,
subdivisions 9 and 10 as amended and subdivisions 34, 35, 36, 37, 38, 39
and 40 as added by chapter 178 of the laws of 2010, paragraph (a) of
subdivision 20, the opening paragraph of subdivision 22 and subdivision
29 as amended by chapter 163 of the laws of 1973, subdivision 31 as
amended by section 4 of part A of chapter 58 of the laws of 2004, subdi-
vision 41 as added by section 6 of part A of chapter 447 of the laws of
2012, and subdivisions 42 and 43 as added by section 13 of part D of
chapter 60 of the laws of 2014, is amended to read as follows:
§ 3302. Definitions of terms of general use in this article. Except
where different meanings are expressly specified in subsequent
provisions of this article, the following terms have the following mean-
ings:
1. "Addict" means a person who habitually uses a controlled substance
for a non-legitimate or unlawful use, and who by reason of such use is
dependent thereon.
S. 3040--B 3
2. "Administer" means the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject.
3. "Agent" means an authorized person who acts on behalf of or at the
direction of a manufacturer, distributor, or dispenser. No person may be
authorized to so act if under title VIII of the education law such
person would not be permitted to engage in such conduct. It does not
include a common or contract carrier, public warehouseman, or employee
of the carrier or warehouseman when acting in the usual and lawful
course of the carrier's or warehouseman's business.
4. ["Concentrated Cannabis" means
(a) the separated resin, whether crude or purified, obtained from a
plant of the genus Cannabis; or
(b) a material, preparation, mixture, compound or other substance
which contains more than two and one-half percent by weight of delta-9
tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering
system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
terpene numbering system.
5.] "Controlled substance" means a substance or substances listed in
section thirty-three hundred six of this [chapter] TITLE.
[6.] 5. "Commissioner" means commissioner of health of the state of
New York.
[7.] 6. "Deliver" or "delivery" means the actual, constructive or
attempted transfer from one person to another of a controlled substance,
whether or not there is an agency relationship.
[8.] 7. "Department" means the department of health of the state of
New York.
[9.] 8. "Dispense" means to deliver a controlled substance to an ulti-
mate user or research subject by lawful means, including by means of the
internet, and includes the packaging, labeling, or compounding necessary
to prepare the substance for such delivery.
[10.] 9. "Distribute" means to deliver a controlled substance, includ-
ing by means of the internet, other than by administering or dispensing.
[11.] 10. "Distributor" means a person who distributes a controlled
substance.
[12.] 11. "Diversion" means manufacture, possession, delivery or use
of a controlled substance by a person or in a manner not specifically
authorized by law.
[13.] 12. "Drug" means
(a) substances recognized as drugs in the official United States Phar-
macopoeia, official Homeopathic Pharmacopoeia of the United States, or
official National Formulary, or any supplement to any of them;
(b) substances intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; and
(c) substances (other than food) intended to affect the structure or a
function of the body of man or animal. It does not include devices or
their components, parts, or accessories.
[14.] 13. "Federal agency" means the Drug Enforcement Administration,
United States Department of Justice, or its successor agency.
[15.] 14. "Federal controlled substances act" means the Comprehensive
Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, and
any act or acts amendatory or supplemental thereto or regulations
promulgated thereunder.
[16.] 15. "Federal registration number" means such number assigned by
the Federal agency to any person authorized to manufacture, distribute,
sell, dispense or administer controlled substances.
S. 3040--B 4
[17.] 16. "Habitual user" means any person who is, or by reason of
repeated use of any controlled substance for non-legitimate or unlawful
use is in danger of becoming, dependent upon such substance.
[18.] 17. "Institutional dispenser" means a hospital, veterinary
hospital, clinic, dispensary, maternity home, nursing home, mental
hospital or similar facility approved and certified by the department as
authorized to obtain controlled substances by distribution and to
dispense and administer such substances pursuant to the order of a prac-
titioner.
[19.] 18. "License" means a written authorization issued by the
department or the New York state department of education permitting
persons to engage in a specified activity with respect to controlled
substances.
[20.] 19. "Manufacture" means the production, preparation, propa-
gation, compounding, cultivation, conversion or processing of a
controlled substance, either directly or indirectly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and
includes any packaging or repackaging of the substance or labeling or
relabeling of its container, except that this term does not include the
preparation, compounding, packaging or labeling of a controlled
substance:
(a) by a practitioner as an incident to his administering or dispens-
ing of a controlled substance in the course of his professional prac-
tice; or
(b) by a practitioner, or by his authorized agent under his super-
vision, for the purpose of, or as an incident to, research, teaching, or
chemical analysis and not for sale; or
(c) by a pharmacist as an incident to his dispensing of a controlled
substance in the course of his professional practice.
[21. "Marihuana" means all parts of the plant of the genus Cannabis,
whether growing or not; the seeds thereof; the resin extracted from any
part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin. It does not
include the mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound, manu-
facture, salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the
sterilized seed of the plant which is incapable of germination.
22.] 20. "Narcotic drug" means any of the following, whether produced
directly or indirectly by extraction from substances of vegetable
origin, or independently by means of chemical synthesis, or by a combi-
nation of extraction and chemical synthesis:
(a) opium and opiate, and any salt, compound, derivative, or prepara-
tion of opium or opiate;
(b) any salt, compound, isomer, derivative, or preparation thereof
which is chemically equivalent or identical with any of the substances
referred to in [subdivision] PARAGRAPH (a) OF THIS SUBDIVISION, but not
including the isoquinoline alkaloids of opium;
(c) opium poppy and poppy straw.
[23.] 21. "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining
liability. It does not include, unless specifically designated as
controlled under section [3306] THIRTY-THREE HUNDRED SIX of this [arti-
cle] TITLE, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and
S. 3040--B 5
its salts (dextromethorphan). It does include its racemic and levorota-
tory forms.
[24.] 22. "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
[25.] 23. "Person" means individual, institution, corporation, govern-
ment or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other legal entity.
[26.] 24. "Pharmacist" means any person licensed by the state depart-
ment of education to practice pharmacy.
[27.] 25. "Pharmacy" means any place registered as such by the New
York state board of pharmacy and registered with the Federal agency
pursuant to the federal controlled substances act.
[28.] 26. "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.
[29.] 27. "Practitioner" means:
A physician, dentist, podiatrist, veterinarian, scientific investi-
gator, or other person licensed, or otherwise permitted to dispense,
administer or conduct research with respect to a controlled substance in
the course of a licensed professional practice or research licensed
pursuant to this article. Such person shall be deemed a "practitioner"
only as to such substances, or conduct relating to such substances, as
is permitted by his license, permit or otherwise permitted by law.
[30.] 28. "Prescribe" means a direction or authorization, by
prescription, permitting an ultimate user lawfully to obtain controlled
substances from any person authorized by law to dispense such
substances.
[31.] 29. "Prescription" shall mean an official New York state
prescription, an electronic prescription, an oral prescription[,] OR an
out-of-state prescription[, or any one].
[32.] 30. "Sell" means to sell, exchange, give or dispose of to anoth-
er, or offer or agree to do the same.
[33.] 31. "Ultimate user" means a person who lawfully obtains and
possesses a controlled substance for his own use or the use by a member
of his household or for an animal owned by him or in his custody. It
shall also mean and include a person designated, by a practitioner on a
prescription, to obtain such substance on behalf of the patient for whom
such substance is intended.
[34.] 32. "Internet" means collectively computer and telecommuni-
cations facilities which comprise the worldwide network of networks that
employ a set of industry standards and protocols, or any predecessor or
successor protocol to such protocol, to exchange information of all
kinds. "Internet," as used in this article, also includes other
networks, whether private or public, used to transmit information by
electronic means.
[35.] 33. "By means of the internet" means any sale, delivery,
distribution, or dispensing of a controlled substance that uses the
internet, is initiated by use of the internet or causes the internet to
be used.
[36.] 34. "Online dispenser" means a practitioner, pharmacy, or person
in the United States that sells, delivers or dispenses, or offers to
sell, deliver, or dispense, a controlled substance by means of the
internet.
[37.] 35. "Electronic prescription" means a prescription issued with
an electronic signature and transmitted by electronic means in accord-
ance with regulations of the commissioner and the commissioner of educa-
tion and consistent with federal requirements. A prescription generated
S. 3040--B 6
on an electronic system that is printed out or transmitted via facsimile
is not considered an electronic prescription and must be manually
signed.
[38.] 36. "Electronic" means of or relating to technology having elec-
trical, digital, magnetic, wireless, optical, electromagnetic or similar
capabilities. "Electronic" shall not include facsimile.
[39.] 37. "Electronic record" means a paperless record that is
created, generated, transmitted, communicated, received or stored by
means of electronic equipment and includes the preservation, retrieval,
use and disposition in accordance with regulations of the commissioner
and the commissioner of education and in compliance with federal law and
regulations.
[40.] 38. "Electronic signature" means an electronic sound, symbol, or
process, attached to or logically associated with an electronic record
and executed or adopted by a person with the intent to sign the record,
in accordance with regulations of the commissioner and the commissioner
of education.
[41.] 39. "Registry" or "prescription monitoring program registry"
means the prescription monitoring program registry established pursuant
to section thirty-three hundred forty-three-a of this article.
[42.] 40. "Compounding" means the combining, admixing, mixing, dilut-
ing, pooling, reconstituting, or otherwise altering of a drug or bulk
drug substance to create a drug with respect to an outsourcing facility
under section 503B of the federal Food, Drug and Cosmetic Act and
further defined in this section.
[43.] 41. "Outsourcing facility" means a facility that:
(a) is engaged in the compounding of sterile drugs as defined in
section sixty-eight hundred two of the education law;
(b) is currently registered as an outsourcing facility pursuant to
article one hundred thirty-seven of the education law; and
(c) complies with all applicable requirements of federal and state
law, including the Federal Food, Drug and Cosmetic Act.
Notwithstanding any other provision of law to the contrary, when an
outsourcing facility distributes or dispenses any drug to any person
pursuant to a prescription, such outsourcing facility shall be deemed to
be providing pharmacy services and shall be subject to all laws, rules
and regulations governing pharmacies and pharmacy services.
§ 4. Paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28, 29, 30, 31 and 32 of subdivision (d) of schedule I of
section 3306 of the public health law, paragraphs 13, 14, 15, 16, 17,
18, 19, 20, 21, 22, 23 and 24 as added by chapter 664 of the laws of
1985, paragraphs 25, 26, 27, 28, 29 and 30 as added by chapter 589 of
the laws of 1996 and paragraphs 31 and 32 as added by chapter 457 of the
laws of 2006, are amended to read as follows:
(13) [Marihuana.
(14)] Mescaline.
[(15)] (14) Parahexyl. Some trade or other names: 3-Hexyl-1-hydroxy-
7,8,9,10-tetra hydro-6,6,9-trimethyl-6H-dibenfo{b,d} pyran.
[(16)] (15) Peyote. Meaning all parts of the plant presently classi-
fied botanically as Lophophora williamsii Lemaire, whether growing or
not, the seeds thereof, any extract from any part of such plant, and
every compound, manufacture, salts, derivative, mixture, or preparation
of such plant, its seeds or extracts.
[(17)] (16) N-ethyl-3-piperidyl benzilate.
[(18)] (17) N-methyl-3-piperidyl benzilate.
[(19)] (18) Psilocybin.
S. 3040--B 7
[(20)] (19) Psilocyn.
[(21)] (20) Tetrahydrocannabinols. Synthetic TETRAHYDROCANNABINOLS NOT
DERIVED FROM THE CANNABIS PLANT THAT ARE equivalents of the substances
contained in the plant, or in the resinous extractives of cannabis, sp.
and/or synthetic substances, derivatives, and their isomers with similar
chemical structure and pharmacological activity such as the following:
DELTA 1 cis or trans tetrahydrocannabinol, and their optical isomers
DELTA 6 cis or trans tetrahydrocannabinol, and their optical isomers
DELTA 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers
(since nomenclature of these substances is not internationally standard-
ized, compounds of these structures, regardless of numerical designation
of atomic positions covered).
[(22)] (21) Ethylamine analog of phencyclidine. Some trade or other
names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethyla-
mine, N-(1-phenylcyclohexyl) ethylamine cyclohexamine, PCE.
[(23)] (22) Pyrrolidine analog of phencyclidine. Some trade or other
names 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy, PHP.
[(24)] (23) Thiophene analog of phencyclidine. Some trade or other
names: 1-{1-(2-thienyl)-cyclohexyl}-piperidine, 2-thienylanalog of
phencyclidine, TPCP, TCP.
[(25)] (24) 3,4-methylenedioxymethamphetamine (MDMA).
[(26)] (25) 3,4-methylendioxy-N-ethylamphetamine (also known as
N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA,
MDE, MDEA.
[(27)] (26) N-hydroxy-3,4-methylenedioxyamphetamine (also known as
N-hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and
N-hydroxy MDA.
[(28)] (27) 1-{1- (2-thienyl) cyclohexyl} pyrrolidine. Some other
names: TCPY.
[(29)] (28) Alpha-ethyltryptamine. Some trade or other names:
etryptamine; Monase; Alpha-ethyl-1H-indole-3-ethanamine;
3- (2-aminobutyl) indole; Alpha-ET or AET.
[(30)] (29) 2,5-dimethoxy-4-ethylamphetamine. Some trade or other
names: DOET.
[(31)] (30) 4-Bromo-2,5-dimethoxyphenethylamine. Some trade or other
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl
DOB; 2C-B, Nexus.
[(32)] (31) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its
optical isomers, salts and salts of isomers.
§ 5. Section 3382 of the public health law, as added by chapter 878 of
the laws of 1972, is amended to read as follows:
§ 3382. Growing of the plant known as Cannabis by unlicensed persons.
A person who, without being licensed so to do under this article, grows
the plant of the genus Cannabis or knowingly allows it to grow on his
land without destroying the same, shall be guilty of a class A
misdemeanor, UNLESS THE PERSON GROWS IN ACCORDANCE WITH SECTIONS 221.05
AND 221.05-A OF THE PENAL LAW.
§ 6. Paragraph (d) of subdivision 3, subdivision 3-a and paragraphs
(a) and (b) of subdivision 11 of section 1311 of the civil practice law
and rules, paragraph (d) of subdivision three and subdivision 3-a as
added by chapter 655 of the laws of 1990 and paragraphs (a) and (b) of
subdivision 11 as amended by section 47 of part A-1 of chapter 56 of the
laws of 2010, are amended to read as follows:
(d) In a forfeiture action commenced by a claiming authority against a
defendant, the following rebuttable presumption shall apply: all
currency or negotiable instruments payable to the bearer shall be
S. 3040--B 8
presumed to be the proceeds of a pre-conviction forfeiture crime when
such currency or negotiable instruments are (i) found in close proximity
to a controlled substance unlawfully possessed by the defendant in an
amount sufficient to constitute a violation of section 220.18 or 220.21
of the penal law, or (ii) found in close proximity to any quantity of a
controlled substance [or marihuana] unlawfully possessed by such defend-
ant in a room, other than a public place, under circumstances evincing
an intent to unlawfully mix, compound, distribute, package or otherwise
prepare for sale such controlled substance [or marihuana].
3-a. Conviction of a person in a criminal action upon an accusatory
instrument which includes one or more of the felonies specified in
subdivision four-b of section thirteen hundred ten of this article, of
any felony other than such felonies, shall not preclude a defendant, in
any subsequent proceeding under this article where that conviction is at
issue, from adducing evidence that the conduct underlying the conviction
would not establish the elements of any of the felonies specified in
such subdivision other than the one to which the criminal defendant pled
guilty. If the defendant does adduce such evidence, the burden shall be
upon the claiming authority to prove, by clear and convincing evidence,
that the conduct underlying the criminal conviction would establish the
elements of the felony specified in such subdivision. Nothing contained
in this subdivision shall affect the validity of a settlement of any
forfeiture action negotiated between the claiming authority and a crimi-
nal defendant contemporaneously with the taking of a plea of guilty in a
criminal action to any felony defined in article two hundred twenty [or
section 221.30 or 221.55] of the penal law, or to a felony conspiracy to
commit the same.
(a) Any stipulation or settlement agreement between the parties to a
forfeiture action shall be filed with the clerk of the court in which
the forfeiture action is pending. No stipulation or settlement agreement
shall be accepted for filing unless it is accompanied by an affidavit
from the claiming authority that written notice of the stipulation or
settlement agreement, including the terms of such, has been given to the
office of victim services, the state division of criminal justice
services[, and in the case of a forfeiture based on a felony defined in
article two hundred twenty or section 221.30 or 221.55 of the penal law,
to the state division of substance abuse services].
(b) No judgment or order of forfeiture shall be accepted for filing
unless it is accompanied by an affidavit from the claiming authority
that written notice of judgment or order, including the terms of such,
has been given to the office of victim services, the state division of
criminal justice services[, and in the case of a forfeiture based on a
felony defined in article two hundred twenty or section 221.30 or 221.55
of the penal law, to the state division of substance abuse services].
§ 7. Subdivision 1 of section 3397-b of the public health law, as
added by chapter 810 of the laws of 1980, is amended to read as follows:
1. ["Marijuana"] "MARIHUANA" means [marijuana] MARIHUANA as defined in
[section thirty-three hundred two of this chapter] SUBDIVISION SIX OF
SECTION 220.00 OF THE PENAL LAW and shall also include tetrahydrocanna-
binols or a chemical derivative of tetrahydrocannabinol.
§ 8. Section 114-a of the vehicle and traffic law, as added by chapter
163 of the laws of 1973, is amended to read as follows:
§ 114-a. Drug. The term "drug" when used in this chapter, means and
includes any substance listed in section thirty-three hundred six of the
public health law AND MARIHUANA AND CONCENTRATED CANNABIS AS DEFINED IN
SECTION 220.00 OF THE PENAL LAW.
S. 3040--B 9
§ 9. Subdivisions 5, 6 and 9 of section 220.00 of the penal law,
subdivision 5 as amended by chapter 537 of the laws of 1998, subdivision
6 as amended by chapter 1051 of the laws of 1973 and subdivision 9 as
amended by chapter 664 of the laws of 1985, are amended and two new
subdivisions 21 and 22 are added to read as follows:
5. "Controlled substance" means any substance listed in schedule I,
II, III, IV or V of section thirty-three hundred six of the public
health law other than marihuana, but including concentrated cannabis as
defined in [paragraph (a) of subdivision four of section thirty-three
hundred two of such law] SUBDIVISION TWENTY-ONE OF THIS SECTION.
6. "Marihuana" means ["marihuana" or "concentrated cannabis" as those
terms are defined in section thirty-three hundred two of the public
health law] ALL PARTS OF THE PLANT OF THE GENUS CANNABIS, WHETHER GROW-
ING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY PART OF THE
PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR
PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT INCLUDE THE
MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS, OIL OR CAKE
MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANUFACTURE, SALT,
DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS (EXCEPT THE
RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE STERILIZED SEED
OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES NOT INCLUDE ALL
PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING OR NOT, HAVING NO
MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNABINOL (THC).
9. "Hallucinogen" means any controlled substance listed in [schedule
I(d)] PARAGRAPHS (5), [(18), (19), (20), (21) and (22)] (17), (18),
(19), (20) AND (21) OF SUBDIVISION (D) OF SCHEDULE I OF SECTION THIRTY-
THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
21. "CONCENTRATED CANNABIS" MEANS:
(A) THE SEPARATED RESIN, WHETHER CRUDE OR PURIFIED, OBTAINED FROM A
PLANT OF THE GENUS CANNABIS; OR
(B) A MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE
WHICH CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDRO-
CANNABINOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR
DELTA-1 TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE
NUMBERING SYSTEM.
22. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS CONTAINING CONCENTRATED MARIHUANA OR CANNABIS
AND OTHER INGREDIENTS.
§ 10. Subdivision 4 of section 220.06 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
4. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in [paragraph (a) of subdi-
vision four of section thirty-three hundred two of the public health
law] SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE and said
preparations, compounds, mixtures or substances are of an aggregate
weight of one-fourth ounce or more; or
§ 11. Subdivision 10 of section 220.09 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
10. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in [paragraph (a) of subdi-
vision four of section thirty-three hundred two of the public health
law] SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE and said
preparations, compounds, mixtures or substances are of an aggregate
weight of one ounce or more; or
§ 12. Subdivision 3 of section 220.34 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
S. 3040--B 10
3. concentrated cannabis as defined in [paragraph (a) of subdivision
four of section thirty-three hundred two of the public health law]
SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE; or
§ 13. Section 220.50 of the penal law, as amended by chapter 627 of
the laws of 1990, is amended to read as follows:
§ 220.50 Criminally using drug paraphernalia in the second degree.
A person is guilty of criminally using drug paraphernalia in the
second degree when he knowingly possesses or sells:
1. Diluents, dilutants or adulterants, including but not limited to,
any of the following: quinine hydrochloride, mannitol, mannite, lactose
or dextrose, adapted for the dilution of narcotic drugs or stimulants
under circumstances evincing an intent to use, or under circumstances
evincing knowledge that some person intends to use, the same for
purposes of unlawfully mixing, compounding, or otherwise preparing any
narcotic drug or stimulant, OTHER THAN MARIHUANA OR CONCENTRATED CANNA-
BIS; or
2. Gelatine capsules, glassine envelopes, vials, capsules or any other
material suitable for the packaging of individual quantities of narcotic
drugs or stimulants under circumstances evincing an intent to use, or
under circumstances evincing knowledge that some person intends to use,
the same for the purpose of unlawfully manufacturing, packaging or
dispensing of any narcotic drug or stimulant, OTHER THAN MARIHUANA OR
CONCENTRATED CANNABIS; or
3. Scales and balances used or designed for the purpose of weighing or
measuring controlled substances, under circumstances evincing an intent
to use, or under circumstances evincing knowledge that some person
intends to use, the same for purpose of unlawfully manufacturing, pack-
aging or dispensing of any narcotic drug or stimulant, OTHER THAN MARI-
HUANA OR CONCENTRATED CANNABIS.
Criminally using drug paraphernalia in the second degree is a class A
misdemeanor.
§ 14. Sections 221.05, 221.10, 221.15, 221.20, 221.25, 221.30, 221.35
and 221.40 of the penal law are REPEALED.
§ 15. The penal law is amended by adding two new sections 221.05 and
221.05-a to read as follows:
§ 221.05 PERSONAL USE OF MARIHUANA.
1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE FOLLOWING
ACTS ARE LAWFUL UNDER STATE AND LOCAL LAW FOR PERSONS TWENTY-ONE YEARS
OF AGE AND OLDER:
(A) POSSESSING, USING, BEING UNDER THE INFLUENCE, DISPLAYING, PURCHAS-
ING, OBTAINING, OR TRANSPORTING UP TO TWO POUNDS OF MARIHUANA AND FOUR
AND ONE-HALF OUNCES OF CONCENTRATED CANNABIS;
(B) TRANSFERRING, WITHOUT REMUNERATION, TO A PERSON TWENTY-ONE YEARS
OF AGE AND OLDER UP TO TWO POUNDS OF MARIHUANA AND FOUR AND ONE-HALF
OUNCES OF CONCENTRATED CANNABIS;
(C) POSSESSING, PLANTING, CULTIVATING, HARVESTING, DRYING, PROCESSING
OR TRANSPORTING NOT MORE THAN SIX LIVING MARIHUANA PLANTS AND POSSESSING
THE MARIHUANA PRODUCED BY THE PLANTS;
(D) SMOKING, INGESTING OR OTHERWISE CONSUMING MARIHUANA PRODUCTS;
(E) POSSESSING, USING, DISPLAYING, PURCHASING, OBTAINING, MANUFACTUR-
ING, TRANSPORTING OR GIVING AWAY TO PERSONS TWENTY-ONE YEARS OF AGE AND
OLDER MARIHUANA OR CONCENTRATED CANNABIS PARAPHERNALIA; AND
(F) ASSISTING ANOTHER PERSON WHO IS TWENTY-ONE YEARS OF AGE AND OLDER
OR ALLOW PROPERTY TO BE USED IN ANY OF THE ACTS DESCRIBED IN PARAGRAPHS
(A) THROUGH (E) OF THIS SUBDIVISION.
S. 3040--B 11
2. PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION IS INTENDED TO
MEET THE REQUIREMENTS OF SUBSECTION (F) OF SECTION 863 OF TITLE TWENTY-
ONE OF THE UNITED STATES CODE (21 U.S.C. § 863 (F)) BY AUTHORIZING,
UNDER STATE LAW, ANY PERSON IN COMPLIANCE WITH THIS SECTION TO MANUFAC-
TURE, POSSESS, OR DISTRIBUTE MARIHUANA PARAPHERNALIA.
3. MARIHUANA PRODUCTS INVOLVED IN ANY WAY WITH CONDUCT DEEMED LAWFUL
BY THIS SECTION ARE NOT CONTRABAND NOR SUBJECT TO SEIZURE OR FORFEITURE
OF ASSETS UNDER ARTICLE FOUR HUNDRED EIGHTY OF THIS CHAPTER, SECTION
THIRTEEN HUNDRED ELEVEN OF THE CIVIL PRACTICE LAW AND RULES, OR OTHER
APPLICABLE LAW, AND NO CONDUCT DEEMED LAWFUL BY THIS SECTION SHALL
CONSTITUTE THE BASIS FOR APPROACH, SEARCH, SEIZURE, ARREST, AND/OR
DETENTION.
4. (A) EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, NONE OF
THE FOLLOWING SHALL, INDIVIDUALLY OR IN COMBINATION WITH EACH OTHER,
CONSTITUTE REASONABLE SUSPICION OF A CRIME OR BE USED AS EVIDENCE IN ANY
CRIMINAL PROCEEDING:
(1) THE ODOR OF MARIHUANA OR OF BURNT MARIHUANA;
(2) THE POSSESSION OF OR THE SUSPICION OF POSSESSION OF MARIHUANA
PRODUCTS;
(3) THE POSSESSION OF MULTIPLE CONTAINERS OF MARIHUANA WITHOUT
EVIDENCE OF MARIHUANA QUANTITY IN EXCESS OF SIXTEEN OUNCES OR CONCEN-
TRATED CANNABIS QUANTITY IN EXCESS OF FOUR AND ONE-HALF OUNCES; OR
(4) THE PRESENCE OF CASH OR CURRENCY CANNOT BE USED AS EVIDENCE IN ANY
CASES INVOLVING CRIMINAL SALE OF MARIHUANA.
(B) THE POSSESSION OF UP TO TWO OUNCES OF MARIHUANA AND UP TO SIXTEEN
OUNCES OF MARIHUANA PRODUCTS CANNOT BE USED AS EVIDENCE IN ANY CASES
INVOLVING CRIMINAL SALE OF MARIHUANA.
5. SUBDIVISION FOUR OF THIS SECTION SHALL NOT APPLY WHEN A LAW
ENFORCEMENT OFFICER IS INVESTIGATING WHETHER A PERSON IS OPERATING OR IN
PHYSICAL CONTROL OF A VEHICLE OR WATERCRAFT WHILE INTOXICATED, UNDER THE
INFLUENCE OF, OR IMPAIRED BY ALCOHOL OR A DRUG OR ANY COMBINATION THERE-
OF IN VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
TRAFFIC LAW.
6. POSSESSION OF GREATER THAN TWO POUNDS OF MARIHUANA AND GREATER THAN
FOUR AND ONE-HALF OUNCES OF CONCENTRATED CANNABIS IS A VIOLATION PUNISH-
ABLE BY A FINE OF NOT MORE THAN ONE HUNDRED TWENTY-FIVE DOLLARS PER
OFFENSE.
§ 221.05-A PERSONAL CULTIVATION OF MARIHUANA.
1. PERSONAL CULTIVATION OF MARIHUANA UNDER PARAGRAPH (C) OF SUBDIVI-
SION ONE OF SECTION 221.05 OF THIS ARTICLE IS SUBJECT TO THE FOLLOWING
RESTRICTIONS:
(A) A PERSON SHALL PLANT, CULTIVATE, HARVEST, DRY, OR PROCESS PLANTS
IN ACCORDANCE WITH LOCAL ORDINANCES, IF ANY, ADOPTED IN ACCORDANCE WITH
SUBDIVISION (2) OF THIS SECTION;
(B) THE LIVING PLANTS AND ANY MARIHUANA PRODUCED BY THE PLANTS IN
EXCESS OF TWO POUNDS ARE KEPT WITHIN THE PERSON'S PRIVATE RESIDENCE, OR
UPON THE GROUNDS OF THAT PRIVATE RESIDENCE (E.G., IN AN OUTDOOR GARDEN
AREA), ARE IN A LOCKED SPACE, AND ARE NOT VISIBLE BY NORMAL UNAIDED
VISION FROM A PUBLIC PLACE; AND
(C) NOT MORE THAN SIX LIVING PLANTS MAY BE PLANTED, CULTIVATED,
HARVESTED, DRIED, OR PROCESSED WITHIN A SINGLE PRIVATE RESIDENCE, OR
UPON THE GROUNDS OF THAT PRIVATE RESIDENCE, AT ONE TIME.
2. (A) A LOCAL JURISDICTION MAY ENACT AND ENFORCE REASONABLE REGU-
LATIONS TO REASONABLY REGULATE THE ACTIONS AND CONDUCT IN PARAGRAPH (C)
OF SUBDIVISION ONE OF SECTION 221.05 OF THIS ARTICLE, PROVIDED THAT A
S. 3040--B 12
VIOLATION OF SUCH A REGULATION IS ONLY SUBJECT TO AN INFRACTION AND
FINE.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NO LOCAL JURIS-
DICTION MAY COMPLETELY PROHIBIT PERSONS ENGAGING IN THE ACTIONS AND
CONDUCT UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 221.05 OF THIS
ARTICLE.
3. A VIOLATION OF SUBDIVISION ONE OR TWO OF THIS SECTION IS A
VIOLATION PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED TWENTY-FIVE
DOLLARS PER OFFENSE.
§ 16. Section 221.45 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
§ 221.45 [Criminal] UNLICENSED sale of marihuana in the third degree.
A person is guilty of [criminal] UNLICENSED sale of marihuana in the
third degree when he knowingly and unlawfully sells [one or more prepa-
rations, compounds, mixtures or substances containing marihuana and the
preparations, compounds, mixtures or substances are of an aggregate
weight of more than twenty-five grams] NOT MORE THAN SIXTEEN OUNCES OF
MARIHUANA OR NOT MORE THAN FOUR AND ONE-HALF OUNCES OF CONCENTRATED
CANNABIS, NOT INCLUDING THE WEIGHT OF ANY OTHER INGREDIENT COMBINED WITH
MARIHUANA TO PREPARE TOPICAL OR ORAL ADMINISTRATIONS, FOOD, DRINK, OR
OTHER PRODUCT.
[Criminal] UNLICENSED sale of marihuana in the third degree is [a
class E felony] SUBJECT TO THE FOLLOWING:
1. A VIOLATION PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED TWEN-
TY-FIVE DOLLARS, FOR A FIRST OFFENSE;
2. A VIOLATION PUBLISHABLE BY A FINE OF NOT MORE THAN TWO HUNDRED
FIFTY DOLLARS FOR A SECOND OFFENSE;
3. A CLASS B MISDEMEANOR AND A FINE OF NOT MORE THAN FIVE HUNDRED
DOLLARS FOR A THIRD OR SUBSEQUENT OFFENSE.
§ 17. Section 221.50 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
§ 221.50 [Criminal] UNLICENSED sale of marihuana in the second degree.
A person TWENTY-ONE YEARS OF AGE AND OLDER is guilty of [criminal]
UNLICENSED sale of marihuana in the second degree when he knowingly and
unlawfully sells one or more preparations, compounds, mixtures or
substances containing marihuana and the preparations, compounds,
mixtures or substances are of an aggregate weight of more than four
ounces, or knowingly and unlawfully sells one or more preparations,
compounds, mixtures [or substances containing marihuana] to a person
less than [eighteen] TWENTY-ONE years of age.
[Criminal] UNLICENSED sale of marihuana in the second degree is a
class [D] E felony.
§ 18. Section 221.55 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
§ 221.55 [Criminal] UNLICENSED sale of marihuana in the first degree.
A person is guilty of [criminal] UNLICENSED sale of marihuana in the
first degree when he knowingly and unlawfully sells TO A PERSON LESS
THAN TWENTY-ONE YEARS OF AGE one or more preparations, compounds,
mixtures or substances containing marihuana and the preparations,
compounds, mixtures or substances are of an aggregate weight of more
than sixteen ounces.
[Criminal] UNLICENSED sale of marihuana in the first degree is a class
[C] E felony.
S. 3040--B 13
§ 19. The penal law is amended by adding a new section 221.60 to read
as follows:
§ 221.60 LICENSING OF MARIHUANA PRODUCTION AND DISTRIBUTION.
THE PROVISIONS OF THIS ARTICLE AND OF ARTICLE TWO HUNDRED TWENTY OF
THIS TITLE SHALL NOT APPLY TO ANY PERSON EXEMPTED FROM CRIMINAL PENAL-
TIES PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR POSSESSING, MANUFAC-
TURING, TRANSPORTING, DISTRIBUTING, SELLING OR TRANSFERRING MARIHUANA OR
CONCENTRATED CANNABIS, OR ENGAGED IN ANY OTHER ACTION THAT IS IN COMPLI-
ANCE WITH ARTICLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
§ 20. Subdivision 8 of section 1399-n of the public health law, as
amended by chapter 13 of the laws of 2003, is amended to read as
follows:
8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains tobacco OR MARIHUANA;
PROVIDED THAT IT DOES NOT INCLUDE THE USE OF AN ELECTRONIC SMOKING
DEVICE THAT CREATES AN AEROSOL OR VAPOR, UNLESS LOCAL OR STATE STATUTES
EXTEND PROHIBITIONS ON SMOKING TO ELECTRONIC SMOKING DEVICES.
§ 21. Section 2 of the alcoholic beverage control law, as amended by
chapter 406 of the laws of 2014, is amended to read as follows:
§ 2. Policy of state and purpose of chapter. It is hereby declared as
the policy of the state that it is necessary to regulate and control the
manufacture, sale and distribution within the state of alcoholic bever-
ages AND MARIHUANA PRODUCTS for the purpose of fostering and promoting
temperance in their consumption and respect for and obedience to law;
for the primary purpose of promoting the health, welfare and safety of
the people of the state, promoting temperance in the consumption of
alcoholic beverages AND MARIHUANA PRODUCTS; and, to the extent possible,
supporting economic growth, job development, and the state's alcoholic
beverage production industries and its tourism and recreation industry;
and which promotes the conservation and enhancement of state agricul-
tural lands; provided that such activities do not conflict with the
primary regulatory objectives of this chapter. It is hereby declared
that such policies will best be carried out by empowering the liquor
authority of the state to determine whether public convenience and
advantage will be promoted by the issuance of licenses to traffic in
alcoholic beverages AND MARIHUANA PRODUCTS, the increase or decrease in
the number thereof and the location of premises licensed thereby,
subject only to the right of judicial review provided for in this chap-
ter. It is the purpose of this chapter to carry out these policies in
the public interest.
§ 22. Subdivisions 20-a, 20-b, 20-c, 20-d and 20-e of section 3 of the
alcoholic beverage control law are renumbered subdivisions 20-j, 20-k,
20-l, 20-m and 20-n and ten new subdivisions 7-e, 20-a, 20-b, 20-c,
20-d, 20-e, 20-f, 20-g, 20-h and 20-i are added to read as follows:
7-E. "CONCENTRATED CANNABIS" MEANS: (A) THE SEPARATED RESIN, WHETHER
CRUDE OR PURIFIED, OBTAINED FROM A PLANT OF THE GENUS CANNABIS; OR
(B) A MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE
WHICH CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDRO-
CANNABINOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR
DELTA-1 TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE
NUMBERING SYSTEM.
20-A. "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,
WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY
PART OF THE PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE,
MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT
INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS,
S. 3040--B 14
OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-
FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS
(EXCEPT THE RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE
STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES
NOT INCLUDE ALL PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING
OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-
BINOL (THC).
20-B. "MARIHUANA CONSUMER" MEANS A PERSON TWENTY-ONE YEARS OF AGE OR
OLDER WHO PURCHASES MARIHUANA OR MARIHUANA PRODUCTS FOR PERSONAL USE BY
PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.
20-C. "MARIHUANA PROCESSOR" MEANS A PERSON LICENSED BY THE BUREAU TO
PURCHASE MARIHUANA AND CONCENTRATED CANNABIS FROM MARIHUANA PRODUCERS,
TO PROCESS MARIHUANA, CONCENTRATED CANNABIS, AND MARIHUANA INFUSED
PRODUCTS, PACKAGE AND LABEL MARIHUANA, CONCENTRATED CANNABIS AND MARI-
HUANA INFUSED PRODUCTS FOR SALE IN RETAIL OUTLETS, AND SELL MARIHUANA,
CONCENTRATED CANNABIS AND MARIHUANA INFUSED PRODUCTS AT WHOLESALE TO
MARIHUANA RETAILERS.
20-D. "MARIHUANA PRODUCER" MEANS A PERSON LICENSED BY THE BUREAU TO
PRODUCE, PROCESS, AND SELL MARIHUANA AND CONCENTRATED CANNABIS AT WHOLE-
SALE TO MARIHUANA PROCESSORS, MARIHUANA RETAILERS, OR OTHER MARIHUANA
PRODUCERS, BUT NOT TO CONSUMERS.
20-E. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS.
20-F. "MARIHUANA-INFUSED PRODUCTS" MEANS PRODUCTS THAT CONTAIN MARI-
HUANA, MARIHUANA EXTRACTS, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR
HUMAN USE OR CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS,
OINTMENTS, AND TINCTURES.
20-G. "MARIHUANA RETAILER" MEANS A PERSON LICENSED BY THE BUREAU TO
PURCHASE MARIHUANA, CONCENTRATED CANNABIS, AND MARIHUANA-INFUSED
PRODUCTS FROM MARIHUANA PRODUCERS AND MARIHUANA PROCESSORS AND SELL
MARIHUANA, MARIHUANA INFUSED PRODUCTS, AND CONCENTRATED CANNABIS IN A
RETAIL OUTLET.
20-H. "MARIHUANA RETAILER FOR ON-PREMISES CONSUMPTION" MEANS A PERSON
LICENSED BY THE BUREAU TO PURCHASE MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA INFUSED PRODUCTS FROM MARIHUANA PRODUCERS, MARIHUANA RETAIL-
ERS, AND MARIHUANA PROCESSORS AND SELL MARIHUANA PRODUCTS FOR A CUSTOMER
TO CONSUME WHILE THE CUSTOMER IS WITHIN A FACILITY.
20-I. "UNREASONABLY IMPRACTICABLE" MEANS THAT THE MEASURES NECESSARY
TO COMPLY WITH THE REGULATIONS REQUIRE SUCH A HIGH INVESTMENT OF RISK,
MONEY, TIME OR OTHER RESOURCE OR ASSET THAT THE OPERATION OF A MARIHUANA
ESTABLISHMENT IS NOT WORTHY OF BEING CARRIED OUT BY A REASONABLY PRUDENT
BUSINESSPERSON.
§ 23. Section 65-b of the alcoholic beverage control law, as amended
by chapter 519 of the laws of 1999, paragraphs (b) and (c) of subdivi-
sion 3 as amended by chapter 257 of the laws of 2013 and the opening
paragraph of subdivision 6 as amended by chapter 503 of the laws of
2000, is amended to read as follows:
§ 65-b. Offense for one under age of twenty-one years to purchase or
attempt to purchase an alcoholic beverage OR MARIHUANA PRODUCTS through
fraudulent means. 1. As used in this section: (a) "A device capable of
deciphering any electronically readable format" or "device" shall mean
any commercial device or combination of devices used at a point of sale
or entry that is capable of reading the information encoded on the
magnetic strip or bar code of a driver's license or non-driver identifi-
cation card issued by the commissioner of motor vehicles;
S. 3040--B 15
(b) "Card holder" means any person presenting a driver's license or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter; and
(c) "Transaction scan" means the process involving a device capable of
deciphering any electronically readable format by which a licensee, or
agent or employee of a licensee under this chapter reviews a driver's
license or non-driver identification card presented as a precondition
for the purchase of an alcoholic beverage OR MARIHUANA PRODUCTS as
required by subdivision two of this section or as a precondition for
admission to an establishment licensed for the on-premises sale of alco-
holic beverages OR MARIHUANA PRODUCTS where admission is restricted to
persons twenty-one years or older.
2. (a) No person under the age of twenty-one years shall present or
offer to any licensee under this chapter, or to the agent or employee of
such licensee, any written evidence of age which is false, fraudulent or
not actually his OR HER own, for the purpose of purchasing or attempting
to purchase any alcoholic beverage OR MARIHUANA PRODUCTS.
(b) No licensee, or agent or employee of such licensee shall accept as
written evidence of age by any such person for the purchase of any alco-
holic beverage OR MARIHUANA PRODUCTS, any documentation other than: (i)
a valid driver's license or non-driver identification card issued by the
commissioner of motor vehicles, the federal government, any United
States territory, commonwealth or possession, the District of Columbia,
a state government within the United States or a provincial government
of the dominion of Canada, or (ii) a valid passport issued by the United
States government or any other country, or (iii) an identification card
issued by the armed forces of the United States. Upon the presentation
of such driver's license or non-driver identification card issued by a
governmental entity, such licensee or agent or employee thereof may
perform a transaction scan as a precondition to the sale of any alcohol-
ic beverage. Nothing in this section shall prohibit a licensee or agent
or employee from performing such a transaction scan on any of the other
documents listed in this subdivision if such documents include a bar
code or magnetic strip that [that] may be scanned by a device capable of
deciphering any electronically readable format.
(c) In instances where the information deciphered by the transaction
scan fails to match the information printed on the driver's license or
non-driver identification card presented by the card holder, or if the
transaction scan indicates that the information is false or fraudulent,
the attempted purchase of the alcoholic beverage OR MARIHUANA PRODUCTS
shall be denied.
3. A person violating the provisions of paragraph (a) of subdivision
two of this section shall be guilty of a violation and shall be
sentenced in accordance with the following:
(a) For a first violation, the court shall order payment of a fine of
not more than one hundred dollars and/or an appropriate amount of commu-
nity service not to exceed thirty hours. In addition, the court may
order completion of an alcohol awareness program established pursuant to
section 19.25 of the mental hygiene law OR OF A MARIHUANA AWARENESS
PROGRAM.
(b) For a second violation, the court shall order payment of a fine of
not less than fifty dollars nor more than three hundred fifty dollars
and/or an appropriate amount of community service not to exceed sixty
hours. The court also shall order completion of an alcohol OR MARIHUANA
awareness program as referenced in paragraph (a) of this subdivision if
such program has not previously been completed by the offender, unless
S. 3040--B 16
the court determines that attendance at such program is not feasible due
to the lack of availability of such program within a reasonably close
proximity to the locality in which the offender resides or matriculates,
as appropriate.
(c) For third and subsequent violations, the court shall order payment
of a fine of not less than fifty dollars nor more than seven hundred
fifty dollars and/or an appropriate amount of community service not to
exceed ninety hours. The court also shall order that such person submit
to an evaluation by an appropriate agency certified or licensed by the
office of alcoholism and substance abuse services to determine whether
the person suffers from the disease of alcoholism or alcohol OR MARIHUA-
NA abuse, unless the court determines that under the circumstances
presented such an evaluation is not necessary, in which case the court
shall state on the record the basis for such determination. Payment for
such evaluation shall be made by such person. If, based on such evalu-
ation, a need for treatment is indicated, such person may choose to
participate in a treatment plan developed by an agency certified or
licensed by the office of alcoholism and substance abuse services. If
such person elects to participate in recommended treatment, the court
shall order that payment of such fine and community service be suspended
pending the completion of such treatment.
(d) Evaluation procedures. For purposes of this subdivision, the
following shall apply:
(i) The contents of an evaluation pursuant to paragraph (c) of this
subdivision shall be used for the sole purpose of [determining if such
person suffers from the disease of alcoholism or alcohol abuse] DIAGNOS-
ING SUCH PERSON WITH ALCOHOL OR CANNABIS USE DISORDER.
(ii) The agency designated by the court to perform such evaluation
shall conduct the evaluation and return the results to the court within
thirty days, subject to any state or federal confidentiality law, rule
or regulation governing the confidentiality of alcohol and substance
abuse treatment records.
(iii) The office of alcoholism and substance abuse services shall make
available to each supreme court law library in this state, or, if no
supreme court law library is available in a certain county, to the coun-
ty court law library of such county, a list of agencies certified to
perform evaluations as required by subdivision (f) of section 19.07 of
the mental hygiene law.
(iv) All evaluations required under this subdivision shall be in writ-
ing and the person so evaluated or his or her counsel shall receive a
copy of such evaluation prior to its use by the court.
(v) A minor evaluated under this subdivision shall have, and shall be
informed by the court of, the right to obtain a second opinion regarding
his or her need for alcoholism OR SUBSTANCE USE DISORDER treatment.
4. A person violating the provisions of paragraph (b) of subdivision
two of this section shall be guilty of a violation punishable by a fine
of not more than one hundred dollars, and/or an appropriate amount of
community service not to exceed thirty hours. In addition, the court may
order completion of an alcohol OR SUBSTANCE ABUSE training awareness
program established pursuant to subdivision twelve of section seventeen
of this chapter where such program is located within a reasonably close
proximity to the locality in which the offender is employed or resides.
5. No determination of guilt pursuant to this section shall operate as
a disqualification of any such person subsequently to hold public
office, public employment, or as a forfeiture of any right or privilege
S. 3040--B 17
or to receive any license granted by public authority; and no such
person shall be denominated a criminal by reason of such determination.
6. In addition to the penalties otherwise provided in subdivision
three of this section, if a determination is made sustaining a charge of
illegally purchasing or attempting to illegally purchase an alcoholic
beverage OR MARIHUANA PRODUCTS, the court may suspend such person's
license to drive a motor vehicle and the privilege of an unlicensed
person of obtaining such license, in accordance with the following and
for the following periods, if it is found that a driver's license was
used for the purpose of such illegal purchase or attempt to illegally
purchase; provided, however, that where a person is sentenced pursuant
to paragraph (b) or (c) of subdivision three of this section, the court
shall impose such license suspension if it is found that a driver's
license was used for the purpose of such illegal purchase or attempt to
illegally purchase:
(a) For a first violation of paragraph (a) of subdivision two of this
section, a three month suspension.
(b) For a second violation of paragraph (a) of subdivision two of this
section, a six month suspension.
(c) For a third or subsequent violation of paragraph (a) of subdivi-
sion two of this section, a suspension for one year or until the holder
reaches the age of twenty-one, whichever is the greater period of time.
Such person may thereafter apply for and be issued a restricted use
license in accordance with the provisions of section five hundred thirty
of the vehicle and traffic law.
7. (a) In any proceeding pursuant to subdivision one of section
sixty-five of this article, it shall be an affirmative defense that such
person had produced a driver's license or non-driver identification card
apparently issued by a governmental entity, successfully completed the
transaction scan, and that the alcoholic beverage OR MARIHUANA PRODUCTS
had been sold, delivered or given to such person in reasonable reliance
upon such identification and transaction scan. In evaluating the appli-
cability of such affirmative defense, the liquor authority shall take
into consideration any written policy adopted and implemented by the
seller to carry out the provisions of this chapter. Use of a transaction
scan shall not excuse any licensee under this chapter, or agent or
employee of such licensee, from the exercise of reasonable diligence
otherwise required by this section. Notwithstanding the above
provisions, any such affirmative defense shall not be applicable in any
other civil or criminal proceeding, or in any other forum.
(b) A licensee or agent or employee of a licensee may electronically
or mechanically record and maintain only the information from a trans-
action scan necessary to effectuate the purposes of this section. Such
information shall be limited to the following: (i) name, (ii) date of
birth, (iii) driver's license or non-driver identification number, and
(iv) expiration date. The liquor authority and the state commissioner of
motor vehicles shall jointly promulgate any regulation necessary to
govern the recording and maintenance of these records by a licensee
under this chapter. The liquor authority and the commissioner of health
shall jointly promulgate any regulations necessary to ensure quality
control in the use of transaction scan devices.
8. A licensee or agent or employee of such licensee shall only use the
information recorded and maintained through the use of such devices for
the purposes contained in paragraph (a) of subdivision seven of this
section, and shall only use such devices for the purposes contained in
subdivision two of this section. No licensee or agent or employee of a
S. 3040--B 18
licensee shall resell or disseminate the information recorded during
such scan to any third person. Such prohibited resale or dissemination
includes, but is not limited to, any advertising, marketing or promo-
tional activities. Notwithstanding the restrictions imposed by this
subdivision, such records may be released pursuant to a court ordered
subpoena or pursuant to any other statute that specifically authorizes
the release of such information. Each violation of this subdivision
shall be punishable by a civil penalty of not more than one thousand
dollars.
§ 24. Section 65-c of the alcoholic beverage control law, as added by
chapter 592 of the laws of 1989, paragraph (a) of subdivision 2 as
amended by chapter 409 of the laws of 2016 and subdivision 3 as amended
by chapter 137 of the laws of 2001, is amended to read as follows:
§ 65-c. Unlawful possession of an alcoholic beverage OR MARIHUANA
PRODUCT with the intent to consume by persons under the age of twenty-
one years. 1. Except as hereinafter provided, no person under the age of
twenty-one years shall possess any alcoholic beverage OR MARIHUANA PROD-
UCT, as defined in this chapter, with the intent to consume such bever-
age OR MARIHUANA PRODUCT.
2. A person under the age of twenty-one years may possess any alcohol-
ic beverage OR MARIHUANA PRODUCT with intent to consume if the alcoholic
beverage OR MARIHUANA PRODUCT is given:
(a) to a person who is a student in a curriculum licensed or regis-
tered by the state education department and the student is required to
taste or imbibe alcoholic beverages OR MARIHUANA PRODUCTS in on-campus
or off-campus courses which are a part of the required curriculum,
provided such alcoholic beverages OR MARIHUANA PRODUCTS are used only
for instructional purposes during class conducted pursuant to such
curriculum; or
(b) to the person under twenty-one years of age by that person's
parent or guardian.
3. Any person who unlawfully possesses an alcoholic beverage OR MARI-
HUANA PRODUCT with intent to consume may be summoned before and examined
by a court having jurisdiction of that charge; provided, however, that
nothing contained herein shall authorize, or be construed to authorize,
a peace officer as defined in subdivision thirty-three of section 1.20
of the criminal procedure law or a police officer as defined in subdivi-
sion thirty-four of section 1.20 of such law to arrest a person who
unlawfully possesses an alcoholic beverage OR MARIHUANA PRODUCT with
intent to consume. If a determination is made sustaining such charge the
court may impose a fine not exceeding fifty dollars and/or completion of
an alcohol OR DRUG awareness program established pursuant to section
19.25 of the mental hygiene law and/or an appropriate amount of communi-
ty service not to exceed thirty hours.
4. No such determination shall operate as a disqualification of any
such person subsequently to hold public office, public employment, or as
a forfeiture of any right or privilege or to receive any license granted
by public authority; and no such person shall be denominated a criminal
by reason of such determination, nor shall such determination be deemed
a conviction.
5. Whenever a peace officer as defined in subdivision thirty-three of
section 1.20 of the criminal procedure law or police officer as defined
in subdivision thirty-four of section 1.20 of the criminal procedure law
shall observe a person under twenty-one years of age openly in
possession of an alcoholic beverage OR MARIHUANA PRODUCT as defined in
this chapter, with the intent to consume such beverage OR PRODUCT in
S. 3040--B 19
violation of this section, said officer may seize the beverage OR PROD-
UCT, and shall deliver it to the custody of his or her department.
6. Any alcoholic beverage OR MARIHUANA PRODUCT seized in violation of
this section is hereby declared a nuisance. The official to whom the
beverage OR PRODUCT has been delivered shall, no earlier than three days
following the return date for initial appearance on the summons, dispose
of or destroy the alcoholic beverage OR MARIHUANA PRODUCT seized or
cause it to be disposed of or destroyed. Any person claiming ownership
of an alcoholic beverage OR MARIHUANA PRODUCT seized under this section
may, on the initial return date of the summons or earlier on five days
notice to the official or department in possession of the beverage OR
PRODUCT, apply to the court for an order preventing the destruction or
disposal of the alcoholic beverage OR MARIHUANA PRODUCT seized and
ordering the return of that beverage OR PRODUCT. The court may order
the beverage OR PRODUCT returned if it is determined that return of the
beverage OR PRODUCT would be in the interest of justice or that the
beverage OR PRODUCT was improperly seized.
§ 25. The alcoholic beverage control law is amended by adding a new
section 65-e to read as follows:
§ 65-E. RESTRICTIONS ON PERSONAL CONSUMPTION OF MARIHUANA. 1. NOTHING
IN SECTIONS 221.05 AND 221.05-A OF THE PENAL LAW SHALL BE CONSTRUED TO
PERMIT ANY PERSON TO:
(A) SMOKE MARIHUANA IN PUBLIC;
(B) SMOKE MARIHUANA PRODUCTS IN A LOCATION WHERE SMOKING TOBACCO IS
PROHIBITED PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-NINE-O OF THE
PUBLIC HEALTH LAW;
(C) POSSESS, SMOKE OR INGEST MARIHUANA PRODUCTS IN OR UPON THE GROUNDS
OF ANY SCHOOL PROPERTY USED FOR SCHOOL PURPOSES WHICH IS OWNED BY OR
LEASED TO ANY ELEMENTARY OR SECONDARY SCHOOL OR SCHOOL BOARD WHILE CHIL-
DREN ARE PRESENT; OR
(D) SMOKE OR INGEST MARIHUANA PRODUCTS WHILE DRIVING, OPERATING A
MOTOR VEHICLE, BOAT, VESSEL, AIRCRAFT, OR OTHER VEHICLE USED FOR TRANS-
PORTATION.
2. FOR PURPOSES OF THIS SECTION:
(A) "SMOKE" MEANS TO INHALE, EXHALE, BURN, OR CARRY ANY LIGHTED OR
HEATED DEVICE OR PIPE, OR ANY OTHER LIGHTED OR HEATED MARIHUANA OR
CONCENTRATED CANNABIS PRODUCT INTENDED FOR INHALATION, WHETHER NATURAL
OR SYNTHETIC, IN ANY MANNER OR IN ANY FORM.
(B) "SMOKE" DOES NOT INCLUDE THE USE OF AN ELECTRONIC SMOKING DEVICE
THAT CREATES AN AEROSOL OR VAPOR, UNLESS LOCAL OR STATE STATUTES EXTEND
PROHIBITIONS ON SMOKING TO ELECTRONIC SMOKING DEVICES.
3. VIOLATIONS OF THE RESTRICTIONS UNDER THIS SECTION ARE SUBJECT TO A
FINE NOT EXCEEDING TWENTY-FIVE DOLLARS OR AN APPROPRIATE AMOUNT OF
COMMUNITY SERVICE NOT TO EXCEED TWENTY HOURS.
§ 26. Section 140 of the alcoholic beverage control law, as amended by
chapter 810 of the laws of 1981, is amended to read as follows:
§ 140. Applicability of chapter before local option. Until such time
as it shall become unlawful to sell alcoholic beverages OR MARIHUANA
PRODUCTS in any town or city by the vote of the voters in such town or
city in the manner provided in this article, all of the provisions of
this chapter shall apply throughout the entire state. This article shall
not apply to the Whiteface mountain ski center, owned by the state and
located in the town of Wilmington, county of Essex.
§ 27. Section 141 of the alcoholic beverage control law, as amended by
chapter 319 of the laws of 2007, is amended to read as follows:
S. 3040--B 20
§ 141. Local option for towns. 1. Not less than sixty days nor more
than seventy-five days before the general election in any town at which
the submission of the questions hereinafter stated is authorized by this
article, a petition signed by electors of the town to a number amounting
to twenty-five per centum of the votes cast in the town for governor at
the then last preceding gubernatorial election, acknowledged by the
signers or authenticated by witnesses as provided in the election law in
respect of a nominating petition, requesting the submission at such
election to the electors of the town of one or more of the following
questions, may be filed with the town clerk:
Question 1. Tavern alcoholic beverage license. Shall a person be
allowed to obtain a license to operate a tavern with a limited-service
menu (sandwiches, salads, soups, etc.) which permits the tavern operator
to sell alcoholic beverages for a customer to drink while the customer
is within the tavern. In addition, unopened containers of beer (such as
six-packs and kegs) may be sold "to go" for the customer to open and
drink at another location (such as, for example, at his home)?
Question 2. Restaurant alcoholic beverage license. Shall the operator
of a full-service restaurant be allowed to obtain a license which
permits the restaurant operator to sell alcoholic beverages for a
customer to drink while the customer is within the restaurant. In addi-
tion, unopened containers of beer (such as six-packs and kegs) may be
sold "to go" for the customer to open and drink at another location
(such as, for example, at his home)?
Question 3. Year-round hotel alcoholic beverage license. Shall the
operator of a year-round hotel with a full-service restaurant be allowed
to obtain a license which permits the year-round hotel to sell alcoholic
beverages for a customer to drink while the customer is within the
hotel. In addition, unopened containers of beer (such as six-packs and
kegs) may be sold "to go" for the customer to open and drink at another
location (such as, for example, at his home)?
Question 4. Summer hotel alcoholic beverage license. Shall the opera-
tor of a summer hotel with a full-service restaurant, open for business
only within the period from May first to October thirty-first in each
year, be allowed to obtain a license which permits the summer hotel to
sell alcoholic beverages for a customer to drink while the customer is
within the hotel. In addition, unopened containers of beer (such as
six-packs and kegs) may be sold "to go" for the customer to open and
drink at another location (such as, for example, at his home)?
Question 5. Retail package liquor or wine store license. Shall a
person be allowed to obtain a license to operate a retail package
liquor-and-wine or wine-without-liquor store, to sell "to go" unopened
bottles of liquor or wine to a customer to be taken from the store for
the customer to open and drink at another location (such as, for exam-
ple, at his home)?
Question 6. Off-premises beer and wine cooler license. Shall the oper-
ator of a grocery store, drugstore or supply ship operating in the
harbors of Lake Erie be allowed to obtain a license which permits the
operator to sell "to go" unopened containers of beer (such as six-packs
and kegs) and wine coolers with not more than 6% alcohol to a customer
to be taken from the store for the customer to open and drink at another
location (such as, for example, at his home)?
Question 7. Baseball park, racetrack, athletic field or stadium
license. Shall a person be allowed to obtain a license which permits
the sale of beer for a patron's consumption while the patron is within a
S. 3040--B 21
baseball park, racetrack, or other athletic field or stadium where
admission fees are charged?
QUESTION 8. MARIHUANA RETAILER LICENSE. SHALL A PERSON BE ALLOWED TO
OBTAIN A LICENSE TO OPERATE A RETAIL MARIHUANA STORE, TO SELL UNOPENED
MARIHUANA PRODUCTS TO A CUSTOMER TO BE TAKEN FROM THE STORE FOR THE
CUSTOMER TO OPEN AND CONSUMER AT ANOTHER LOCATION (SUCH AS, FOR EXAMPLE,
AT HIS HOME)?
QUESTION 9. ON-PREMISES MARIHUANA RETAILER LICENSES. SHALL A PERSON BE
ALLOWED TO OBTAIN A LICENSE TO OPERATE A FACILITY WHERE THE SERVICE OF
FOOD IS ONLY INCIDENTAL AND PERMITS THE FACILITY OPERATOR TO SELL MARI-
HUANA PRODUCTS FOR A CUSTOMER TO CONSUMER WHILE THE CUSTOMER IS WITHIN
THE FACILITY?
2. Upon the due filing of such petition complying with the foregoing
provisions, such questions shall be submitted in accordance therewith.
3. The town clerk shall, within five days from the filing of such
petition in his office, prepare and file in the office of the board of
elections, as defined by the election law, of the county, a certified
copy of such petition. Such questions may be submitted only at the time
of a general election. At least ten days before such general election,
the board of elections shall cause to be printed and posted in at least
four public places in such town, a notice of the fact that all of the
local option questions will be voted on at such general election; and
the said notice shall also be published at least five days before the
vote is to be taken once in a newspaper published in the county in which
such town is situated, which shall be a newspaper published in the town,
if there be one. Whenever such questions are to be submitted under the
provisions of this article the board of elections shall cause the proper
ballot labels to be printed and placed on all voting machines used in
the town in which such questions are to be submitted, in the form
prescribed by the election law in respect of other propositions or ques-
tions, upon the face of which shall be printed in full the said ques-
tions. Any elector qualified to vote for state officers shall be enti-
tled to vote upon such local option questions. As soon as the election
shall be held, a return of the votes cast and counted shall be made as
provided by law and the returns canvassed by the inspectors of election.
If a majority of the votes cast shall be in the negative on all or any
of the questions, no person shall, after such election, sell alcoholic
beverages OR MARIHUANA PRODUCTS in such town contrary to such vote or to
the provisions of this chapter; provided, however, that the result of
such vote shall not shorten the term for which any license may have been
lawfully issued under this chapter or affect the rights of the licensee
thereunder; and no person shall after such vote apply for or receive a
license to sell alcoholic beverages OR MARIHUANA PRODUCTS at retail in
such town contrary to such vote, until, by referendum as hereinafter
provided for, such sale shall again become lawful.
§ 28. Subdivision 3 of section 142 of the alcoholic beverage control
law is amended to read as follows:
3. If a majority of the votes cast shall be in the negative on any or
all of the questions, no person shall, after such election, sell alco-
holic beverages OR MARIHUANA PRODUCTS in such city contrary to such vote
or to the provisions of this chapter; provided, however, that the result
of such vote shall not shorten the term for which any license may have
been lawfully issued under this chapter or affect the rights of the
licensee thereunder; and no person shall after such vote apply for or
receive a license to sell alcoholic beverages OR MARIHUANA PRODUCTS at
S. 3040--B 22
retail in such city contrary to such vote, until, by referendum as here-
inafter provided for, such sale shall again become lawful.
§ 29. Subdivision 2 of section 147 of the alcoholic beverage control
law is amended to read as follows:
2. If at the time of any subsequent submission of such questions it
shall be lawful to sell alcoholic beverages OR MARIHUANA PRODUCTS and a
majority of the votes cast shall be in the negative on such questions,
then all of the provisions of this article applicable thereto shall
become effective.
§ 30. Article 11 and sections 160, 161, 162, 163 and 164 of the alco-
holic beverage control law, article 11 and sections 160, 161, 162 and
163 as renumbered by chapter 725 of the laws of 1954, are renumbered
article 12 and sections 200, 201, 202, 203, and 204.
§ 31. The alcoholic beverage control law is amended by adding a new
article 11 to read as follows:
ARTICLE 11
PROVISIONS RELATING TO MARIHUANA
SECTION 165. DEFINITIONS.
166. BUREAU OF MARIHUANA POLICY.
167. ADMINISTRATION OF THE BUREAU OF MARIHUANA POLICY.
168. LICENSES ISSUED.
169. LICENSING LIMITS.
170. ACTIONS TAKEN PURSUANT TO A VALID LICENSE ARE LAWFUL.
171. GENERAL PROHIBITIONS AND RESTRICTIONS.
172. CERTAIN OFFICIALS NOT TO BE INTERESTED IN THE MANUFACTURE
OR SALE OF MARIHUANA.
173. PROVISIONS GOVERNING INITIAL RULEMAKING.
174. PROVISIONS GOVERNING MARIHUANA PRODUCERS.
175. PROVISIONS GOVERNING PROCESSORS.
176. PROVISIONS GOVERNING MARIHUANA RETAILERS.
177. PROVISIONS GOVERNING MARIHUANA ON-SITE CONSUMPTION
LICENSES.
178. ADVERTISING AND FORMS OF THE ISSUANCE OF LICENSES.
179. PACKAGING OF MARIHUANA PRODUCTS.
180. LABELING OF MARIHUANA PRODUCTS.
181. SEED TO SALE TRACKING.
182. RENEWALS OF LICENSES AND PERMITS.
183. INFORMATION TO BE PROVIDED BY APPLICANTS.
184. NOTIFICATION TO MUNICIPALITIES.
185. LICENSES, PUBLICATION, GENERAL PROVISIONS.
186. REVOCATION OF LICENSES FOR CAUSE.
187. PROCEDURE FOR REVOCATION OR CANCELLATION.
188. DECISIONS OF THE BUREAU OF MARIHUANA POLICY AND REVIEW BY
THE COURTS.
189. MINORITY AND WOMEN BUSINESS ENTERPRISES.
190. DISPOSITION OF MONEYS RECEIVED FOR LICENSE FEES.
191. PERSONS FORBIDDEN TO TRAFFIC IN MARIHUANA.
192. SURRENDER OF LICENSE; NOTICE TO POLICE OFFICIALS.
193. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
194. PROTECTIONS FOR THE USE OF MARIHUANA.
195. DISCRIMINATION PROTECTIONS FOR THE USE OF MARIHUANA OR
MEDICAL MARIHUANA.
196. EMPLOYMENT PROTECTIONS.
197. PROTECTIONS FOR PERSONS UNDER STATE SUPERVISION.
198. PROFESSIONAL AND MEDICAL RECORD KEEPING.
S. 3040--B 23
§ 165. DEFINITIONS. WHENEVER USED IN THIS CHAPTER, UNLESS THE CONTEXT
REQUIRES OTHERWISE:
1. "APPLICANT" MEANS AN OWNER APPLYING FOR A LICENSE PURSUANT TO THIS
ARTICLE.
2."BUREAU" MEANS THE BUREAU OF MARIHUANA POLICY WITHIN THE AUTHORITY.
3. "COMMERCIAL MARIHUANA ACTIVITY" MEANS THE PRODUCTION, PROCESSING,
POSSESSION, STORING, LABORATORY TESTING, PACKAGING, LABELING, TRANSPOR-
TATION, DELIVERY, OR SALE OF MARIHUANA AND MARIHUANA PRODUCTS AS
PROVIDED FOR IN THIS ARTICLE.
4. "CUSTOMER" MEANS A NATURAL PERSON TWENTY-ONE YEARS OF AGE OR OLDER.
5. "DELIVERY" MEANS A LICENSEE THAT DELIVERS RETAIL MARIHUANA AND
MARIHUANA PRODUCTS TO CUSTOMERS. RETAILER LICENSEES AND MICROBUSINESS
LICENSEES ARE PERMITTED TO DELIVER RETAIL MARIHUANA AND MARIHUANA
PRODUCTS TO CUSTOMERS WITHOUT OBTAINING AN ADDITIONAL DISTRIBUTOR
LICENSE.
6. "DISTRIBUTION" MEANS THE PROCUREMENT, SALE, AND TRANSPORT OF MARI-
HUANA AND MARIHUANA PRODUCTS BETWEEN ENTITIES LICENSED PURSUANT TO THIS
ARTICLE.
7. "DISTRIBUTOR" MEANS A LICENSEE FOR THE DISTRIBUTION OF MARIHUANA
AND MARIHUANA PRODUCTS BETWEEN ENTITIES LICENSED PURSUANT TO THIS ARTI-
CLE. PRODUCER LICENSEES, PROCESSOR LICENSEES, AND MICROBUSINESS LICEN-
SEES ARE PERMITTED TO DISTRIBUTE MARIHUANA AND MARIHUANA PRODUCTS
BETWEEN ENTITIES LICENSED PURSUANT TO THIS ARTICLE WITHOUT OBTAINING AN
ADDITIONAL DISTRIBUTOR LICENSE.
8. "LABELING" MEANS ANY LABEL OR OTHER WRITTEN, PRINTED, OR GRAPHIC
MATTER UPON A MARIHUANA PRODUCT, OR UPON ITS CONTAINER OR WRAPPER, OR
THAT ACCOMPANIES ANY MARIHUANA PRODUCT.
9. "LICENSE" MEANS A STATE LICENSE ISSUED UNDER THIS ARTICLE. EACH
LICENSE ISSUED PURSUANT TO THIS ARTICLE CORRESPONDS TO A SINGLE PLACE OF
BUSINESS.
10. "LICENSEE" MEANS ANY PERSON OR ENTITY HOLDING A LICENSE UNDER THIS
ARTICLE.
11. "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,
WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY
PART OF THE PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE,
MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT
INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS,
OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-
FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS
(EXCEPT THE RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE
STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES
NOT INCLUDE ALL PARTS OF THE PLANT CANNABIS SATIVA I., WHETHER GROWING
OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-
BINOL (THC).
12. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS.
13. "MARIHUANA-INFUSED PRODUCTS" MEANS PRODUCTS THAT CONTAIN MARIHUA-
NA, MARIHUANA EXTRACTS, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR
HUMAN USE OR CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS,
OINTMENTS, AND TINCTURES.
14. "MICROBUSINESS" MEANS A LICENSEE THAT MAY ACT AS A MARIHUANA
PRODUCER FOR THE CULTIVATION OF MARIHUANA ON AN AREA LESS THAN TEN THOU-
SAND SQUARE FEET, A MARIHUANA PROCESSOR, AND A MARIHUANA RETAILER UNDER
THIS ARTICLE, PROVIDED SUCH LICENSEE COMPLIES WITH ALL REQUIREMENTS
IMPOSED BY THIS ARTICLE ON LICENSED PRODUCERS, PROCESSORS, AND RETAILERS
TO THE EXTENT THE LICENSEE ENGAGES IN SUCH ACTIVITIES. A "MICROBUSINESS"
S. 3040--B 24
MAY DISTRIBUTE MARIHUANA AND MARIHUANA PRODUCTS TO OTHER LICENSED MARI-
HUANA BUSINESSES AND MAY DELIVER MARIHUANA AND MARIHUANA PRODUCTS TO
CUSTOMERS.
15. "NURSERY" MEANS A LICENSEE THAT PRODUCES ONLY CLONES, IMMATURE
PLANTS, SEEDS, AND OTHER AGRICULTURAL PRODUCTS USED SPECIFICALLY FOR THE
PLANTING, PROPAGATION, AND CULTIVATION OF MARIHUANA.
16. "ONSITE CONSUMPTION" MEANS A MARIHUANA RETAIL LICENSEE OR A MARI-
HUANA MICROBUSINESS THAT PERMITS THE CONSUMPTION OF MARIHUANA AND MARI-
HUANA PRODUCTS AT THE LICENSEE'S PLACE OF BUSINESS.
17. "OWNER" MEANS AN INDIVIDUAL WITH AN AGGREGATE OWNERSHIP INTEREST
OF TWENTY PERCENT OR MORE IN A MARIHUANA BUSINESS LICENSED PURSUANT TO
THIS ARTICLE, UNLESS SUCH INTEREST IS SOLELY A SECURITY, LIEN, OR ENCUM-
BRANCE, OR AN INDIVIDUAL THAT WILL BE PARTICIPATING IN THE DIRECTION,
CONTROL, OR MANAGEMENT OF THE LICENSED MARIHUANA BUSINESS.
18. "PACKAGE" MEANS ANY CONTAINER OR RECEPTACLE USED FOR HOLDING MARI-
HUANA OR MARIHUANA PRODUCTS.
19. "PROCESSOR" MEANS A LICENSEE THAT COMPOUNDS, BLENDS, EXTRACTS,
INFUSES, OR OTHERWISE MAKES OR PREPARES MARIHUANA PRODUCTS, BUT NOT THE
PRODUCTION OF THE MARIHUANA CONTAINED IN THE MARIHUANA PRODUCT. A
"PROCESSOR" MAY ALSO DISTRIBUTE MARIHUANA AND MARIHUANA PRODUCTS TO
OTHER LICENSED MARIHUANA BUSINESSES.
20. "PRODUCER" MEANS A LICENSEE THAT PLANTS, GROWS, HARVESTS, DRIES,
CURES, GRADES, OR TRIMS MARIHUANA. A "PRODUCER" MAY ALSO DISTRIBUTE
MARIHUANA TO OTHER LICENSED MARIHUANA BUSINESSES.
21. "RETAILER" MEANS A LICENSEE THAT SELLS MARIHUANA OR MARIHUANA
PRODUCTS DIRECTLY TO CUSTOMERS. A "RETAILER" MAY DELIVER MARIHUANA AND
MARIHUANA PRODUCTS TO CUSTOMERS.
22. "TESTING FACILITY" MEANS A LICENSEE THAT TESTS MARIHUANA AND MARI-
HUANA PRODUCTS.
§ 166. BUREAU OF MARIHUANA POLICY. THERE IS HEREBY ESTABLISHED IN THE
AUTHORITY A BUREAU OF MARIHUANA POLICY. THE BUREAU SHALL CONSIST OF
THREE MEMBERS. THE MEMBERS OF THE BUREAU SHALL BE APPOINTED BY THE
GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. NOT MORE THAN
TWO MEMBERS OF THE BUREAU SHALL BELONG TO THE SAME POLITICAL PARTY. THE
CHAIRMAN OF THE BUREAU OF MARIHUANA POLICY HERETOFORE APPOINTED AND
DESIGNATED BY THE GOVERNOR AND THE REMAINING MEMBERS OF SUCH BOARD HERE-
TOFORE APPOINTED BY THE GOVERNOR SHALL CONTINUE TO SERVE AS CHAIRMAN AND
MEMBERS OF THE BUREAU UNTIL THE EXPIRATION OF THE RESPECTIVE TERMS FOR
WHICH THEY WERE APPOINTED. UPON THE EXPIRATION OF SUCH RESPECTIVE TERMS
THE SUCCESSORS OF SUCH CHAIRMAN AND MEMBERS SHALL BE APPOINTED TO SERVE
FOR A TERM OF THREE YEARS EACH AND UNTIL THEIR SUCCESSORS HAVE BEEN
APPOINTED AND QUALIFIED. THE COMMISSIONERS SHALL, WHEN PERFORMING THE
WORK OF THE BUREAU, BE COMPENSATED AT A RATE OF TWO HUNDRED SIXTY
DOLLARS PER DAY, TOGETHER WITH AN ALLOWANCE FOR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES.
§ 167. ADMINISTRATION OF THE BUREAU OF MARIHUANA POLICY. 1. THE
BUREAU ESTABLISHED IN SECTION ONE HUNDRED SIXTY-SIX OF THIS ARTICLE
SHALL HERETOFORE HAVE THE POWER, DUTY, PURPOSE, RESPONSIBILITY, AND
JURISDICTION TO REGULATE COMMERCIAL MARIHUANA ACTIVITY AS PROVIDED IN
THE MARIHUANA REGULATION AND TAXATION ACT.
2. THE BUREAU SHALL HAVE THE EXCLUSIVE AUTHORITY TO CREATE, ISSUE,
RENEW, DISCIPLINE, SUSPEND, OR REVOKE LICENSES FOR COMMERCIAL MARIHUANA
ACTIVITIES IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT,
CODIFIED AT N.Y. A.P.A. LAW § 100 ET SEQ.
S. 3040--B 25
(A) THE BUREAU SHALL CONSULT WITH THE DEPARTMENT OF AGRICULTURE AND
MARKETS REGARDING RULES, REGULATIONS, AND LICENSES FOR THE CULTIVATION
OF MARIHUANA.
(B) THE BUREAU SHALL BEGIN ISSUING LICENSES NOT LATER THAN EIGHTEEN
MONTHS FOLLOWING THE EFFECTIVE DATE OF THE MARIHUANA REGULATION AND
TAXATION ACT.
(I) THE BUREAU SHALL BEGIN ACCEPTING APPLICATIONS NO MORE THAN FIFTEEN
MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT.
(II) PURSUANT TO SECTION ONE HUNDRED EIGHTY-FOUR OF THIS ARTICLE, THE
BUREAU SHALL NOTIFY MUNICIPALITIES OF ANY APPLICATIONS FOR LICENSE.
(III) THE BUREAU SHALL ISSUE AN ANNUAL LICENSE TO THE APPLICANT
BETWEEN FORTY-FIVE AND NINETY DAYS AFTER RECEIPT OF AN APPLICATION
UNLESS THE BUREAU FINDS THE APPLICANT IS NOT IN COMPLIANCE WITH REGU-
LATIONS ENACTED PURSUANT TO SECTION ONE HUNDRED SEVENTY-THREE OF THIS
ARTICLE OR THE DEPARTMENT IS NOTIFIED BY THE RELEVANT MUNICIPALITY THAT
THE APPLICANT IS NOT IN COMPLIANCE WITH SUCH REGULATIONS.
(C) THE BUREAU SHALL HAVE THE AUTHORITY TO COLLECT FEES IN CONNECTION
WITH ACTIVITIES THEY REGULATE CONCERNING MARIHUANA PURSUANT TO SECTION
ONE HUNDRED NINETY OF THIS ARTICLE.
3. (A) NOT LATER THAN TEN MONTHS FOLLOWING THE ENACTMENT OF THIS ARTI-
CLE, EACH MUNICIPALITY MAY ENACT AN ORDINANCE OR REGULATION SPECIFYING
THE ENTITY WITHIN THE MUNICIPALITY THAT IS RESPONSIBLE FOR PROCESSING
APPLICATIONS SUBMITTED FOR A LICENSE TO OPERATE A MARIHUANA ESTABLISH-
MENT WITHIN THE BOUNDARIES OF THE MUNICIPALITY AND FOR THE ISSUANCE OF
SUCH LICENSES SHOULD THE ISSUANCE BY THE MUNICIPALITY BECOME NECESSARY
BECAUSE OF A FAILURE BY THE BUREAU TO ADOPT REGULATIONS PURSUANT TO
SECTION ONE HUNDRED SEVENTY-THREE OF THIS ARTICLE OR BECAUSE OF A FAIL-
URE BY THE BUREAU TO PROCESS AND ISSUE LICENSES AS REQUIRED BY THE
SUBDIVISION TWO OF THIS SECTION.
(B) A MUNICIPALITY MAY ENACT ORDINANCES OR REGULATIONS, NOT IN
CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED
PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE, MANNER AND NUMBER
OF MARIHUANA ESTABLISHMENT OPERATIONS; ESTABLISHING PROCEDURES FOR THE
ISSUANCE, SUSPENSION, AND REVOCATION OF A LICENSE ISSUED BY THE MUNICI-
PALITY IN ACCORDANCE WITH PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION,
SUCH PROCEDURES TO BE SUBJECT TO ALL REQUIREMENTS OF STATE ADMINISTRA-
TIVE PROCEDURE ACT, CODIFIED AS N.Y. A.P.A. LAW § 100, ET SEQ. OR ANY
SUCCESSOR PROVISION, ESTABLISHING A SCHEDULE OF ANNUAL OPERATING,
LICENSING, AND APPLICATION FEES FOR MARIHUANA ESTABLISHMENTS, PROVIDED,
THE APPLICATION FEE SHALL ONLY BE DUE IF AN APPLICATION IS SUBMITTED TO
A MUNICIPALITY IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDIVISION AND
A LICENSING FEE SHALL ONLY BE DUE IF A LICENSE IS ISSUED BY A MUNICI-
PALITY IN ACCORDANCE WITH PARAGRAPH (C) OR (D) OF THIS SUBDIVISION; AND
ESTABLISHING CIVIL PENALTIES FOR VIOLATION OF AN ORDINANCE OR REGULATION
GOVERNING THE TIME, PLACE, AND MANNER OF A MARIHUANA ESTABLISHMENT THAT
MAY OPERATE IN SUCH A MUNICIPALITY. A MUNICIPALITY MAY PROHIBIT THE
OPERATION OF MARIHUANA PRODUCTION FACILITIES, MARIHUANA PROCESSING
FACILITIES, MARIHUANA RETAIL STORES, MARIHUANA MICROBUSINESSES, OR MARI-
HUANA TESTING FACILITIES THROUGH THE ENACTMENT OF AN ORDINANCE.
(C) IF THE BUREAU DOES NOT ISSUE A LICENSE TO AN APPLICANT WITHIN
NINETY DAYS OF RECEIPT OF THE APPLICATION FILED IN ACCORDANCE WITH
SUBDIVISION TWO AND DOES NOT NOTIFY THE APPLICANT OF THE SPECIFIC REASON
FOR ITS DENIAL, IN WRITING AND WITHIN SUCH TIME PERIOD, OR IF THE BUREAU
HAS ADOPTED REGULATIONS PURSUANT TO SECTION ONE HUNDRED SEVENTY-THREE OF
THIS ARTICLE BUT HAS NOT ISSUED ANY LICENSES WITHIN EIGHTEEN MONTHS OF
THE EFFECTIVE DATE OF THIS ARTICLE, FOR ANY LOCALITY ENACTING AN ORDI-
S. 3040--B 26
NANCE PROVIDING FOR LOCAL PROCESSING OF APPLICATIONS, THE APPLICANT MAY
RESUBMIT ITS APPLICATION DIRECTLY TO THE MUNICIPALITY PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION, AND THE MUNICIPALITY MAY ISSUE AN ANNUAL
LICENSE TO THE APPLICANT. A MUNICIPALITY ISSUING A LICENSE TO AN APPLI-
CANT SHALL DO SO WITHIN NINETY DAYS OF RECEIPT OF THE RESUBMITTED APPLI-
CATION UNLESS THE MUNICIPALITY FINDS AND NOTIFIES THE APPLICANT THAT THE
APPLICANT IS NOT IN COMPLIANCE WITH THE ORDINANCES AND REGULATIONS MADE
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IN EFFECT AT THE TIME THE
APPLICATION IS RESUBMITTED AND THE MUNICIPALITY SHALL NOTIFY THE BUREAU
IF AN ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. IF AN APPLICATION
IS SUBMITTED TO A MUNICIPALITY UNDER THIS PARAGRAPH, THE BUREAU SHALL
FORWARD TO THE MUNICIPALITY THE APPLICATION FEE PAID BY THE APPLICANT TO
THE BUREAU UPON REQUEST BY THE MUNICIPALITY. A LICENSE ISSUED BY A MUNI-
CIPALITY IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME FORCE AND
EFFECT AS A LICENSE ISSUED BY THE BUREAU IN ACCORDANCE WITH SUBDIVISION
TWO OF THIS SECTION AND THE HOLDER OF SUCH LICENSE SHALL NOT BE SUBJECT
TO REGULATION OR ENFORCEMENT BY THE BUREAU DURING THE TERM OF THAT
LICENSE. A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS PARA-
GRAPH ON AN ANNUAL BASIS ONLY UPON RESUBMISSION TO THE MUNICIPALITY OF A
NEW APPLICATION SUBMITTED TO THE BUREAU PURSUANT TO SUBDIVISION TWO OF
THIS SECTION. NOTHING IN THIS PARAGRAPH SHALL LIMIT SUCH RELIEF AS MAY
BE AVAILABLE TO AN AGGRIEVED PARTY UNDER SECTION FOUR HUNDRED ONE OF THE
STATE ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION.
(D) IF THE BUREAU DOES NOT ADOPT REGULATIONS REQUIRED BY SECTION ONE
HUNDRED SEVENTY-THREE OF THIS ARTICLE, AN APPLICANT MAY SUBMIT AN APPLI-
CATION DIRECTLY TO A MUNICIPALITY FIFTEEN MONTHS FOLLOWING THE EFFECTIVE
DATE OF THIS ARTICLE AND THE MUNICIPALITY MAY ISSUE AN ANNUAL LICENSE TO
THE APPLICANT. A MUNICIPALITY ISSUING A LICENSE TO AN APPLICANT SHALL DO
SO WITHIN NINETY DAYS OF RECEIPT OF THE APPLICATION UNLESS IT FINDS AND
NOTIFIES THE APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE WITH
ORDINANCES AND REGULATIONS MADE PURSUANT TO PARAGRAPH (B) OF THIS SUBDI-
VISION IN EFFECT AT THE TIME OF APPLICATION AND SHALL NOTIFY THE BUREAU
IF AN ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. A LICENSE ISSUED
BY A MUNICIPALITY IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME
FORCE AND EFFECT AS A LICENSE ISSUED BY THE BUREAU IN ACCORDANCE WITH
SUBDIVISION TWO OF THIS SECTION AND THE LICENSEE SHALL NOT BE SUBJECT TO
REGULATION OR ENFORCEMENT BY THE BUREAU DURING THE TERM OF THAT LICENSE.
A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS PARAGRAPH ON AN
ANNUAL BASIS IF THE BUREAU HAS NOT ADOPTED REGULATIONS REQUIRED BY
SECTION ONE HUNDRED SEVENTY-THREE OF THIS ARTICLE AT LEAST NINETY DAYS
PRIOR TO THE DATE UPON WHICH SUCH SUBSEQUENT OR RENEWED LICENSE WOULD BE
EFFECTIVE OR IF THE DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO
SECTION ONE HUNDRED SEVENTY-THREE OF THIS ARTICLE BUT HAS NOT, AT LEAST
NINETY DAYS AFTER THE ADOPTION OF SUCH REGULATIONS, ISSUED LICENSES
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
4. THE BUREAU MAY LIMIT THE TOTAL AMOUNT OF MARIHUANA PRODUCED IN NEW
YORK BASED ON THE DEMAND FOR MARIHUANA AND MARIHUANA PRODUCTS AND IN AN
EFFORT TO REDUCE ILLICIT MARIHUANA MARKETS.
§ 168. LICENSES ISSUED. THE FOLLOWING KINDS OF LICENSES SHALL BE
ISSUED BY THE BUREAU FOR THE MANUFACTURE, PRODUCTION, PROCESSING, TEST-
ING, RETAIL SALE AND DELIVERY OF MARIHUANA:
1. MARIHUANA NURSERY LICENSE;
2. MARIHUANA PRODUCER LICENSE;
3. MARIHUANA PROCESSOR LICENSE;
4. MARIHUANA DISTRIBUTOR LICENSE;
5. MARIHUANA RETAILER LICENSE;
S. 3040--B 27
6. MARIHUANA MICROBUSINESS LICENSE;
7. MARIHUANA ON-SITE CONSUMPTION LICENSE;
8. MARIHUANA DELIVERY LICENSE;
9. MARIHUANA TESTING LICENSE; AND
10. ANY OTHER TYPE OF LICENSES ALLOWED BY THE BUREAU.
§ 169. LICENSING LIMITS. 1. ALL LICENSES ISSUED UNDER THIS ARTICLE
SHALL BEAR A CLEAR DESIGNATION INDICATING THAT THE LICENSE IS FOR
COMMERCIAL MARIHUANA ACTIVITY AS DISTINCT FROM MEDICAL MARIHUANA MANU-
FACTURED, PRODUCED AND SOLD FOR MEDICAL USE PURSUANT TO TITLE FIVE-A OF
ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
2. AN OWNER OF A MARIHUANA RETAIL STORE SHALL NOT HOLD A LICENSE IN
ANOTHER LICENSE CATEGORY OF SECTION ONE HUNDRED SIXTY-EIGHT OF THIS
ARTICLE, SHALL NOT OWN OR HAVE OWNERSHIP INTEREST IN AN ENTITY LICENSED
PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW, AND SHALL HOLD NOT MORE THAN THREE RETAIL LICENSES.
3. AN OWNER OF A MARIHUANA MICROBUSINESS SHALL NOT HOLD A LICENSE IN
ANOTHER LICENSE CATEGORY OF SECTION ONE HUNDRED SIXTY-EIGHT OF THIS
ARTICLE, SHALL NOT OWN OR HAVE OWNERSHIP INTEREST IN A FACILITY LICENSED
PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW, AND SHALL HOLD NOT MORE THAN ONE MICROBUSINESS LICENSE.
4. AN OWNER OF A MARIHUANA TESTING FACILITY SHALL NOT HOLD A LICENSE
IN ANOTHER LICENSE CATEGORY OF SECTION ONE HUNDRED SIXTY-EIGHT OF THIS
ARTICLE AND SHALL NOT OWN OR HAVE OWNERSHIP INTEREST IN A FACILITY
LICENSED PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC
HEALTH LAW.
5. ONLY A MARIHUANA RETAIL LICENSEE OR A MARIHUANA MICROBUSINESS
LICENSEE MAY BE ISSUED AN ON-SITE CONSUMPTION LICENSE.
6. ONLY A MARIHUANA RETAIL LICENSEE, MARIHUANA MICROBUSINESS LICENSEE,
OR MARIHUANA DELIVERY LICENSEE MAY BE PERMITTED TO DELIVER MARIHUANA
DIRECTLY TO CUSTOMERS.
7. ONLY A MARIHUANA PRODUCER LICENSEE, MARIHUANA PROCESSOR LICENSEE,
OR MARIHUANA DISTRIBUTOR LICENSEE MAY DISTRIBUTE MARIHUANA AND MARIHUANA
PRODUCTS TO OTHER LICENSED MARIHUANA BUSINESSES.
8. NO MARIHUANA DELIVERY OWNER MAY HOLD MORE THAN ONE MARIHUANA DELIV-
ERY LICENSE.
9. NO MARIHUANA DISTRIBUTOR OWNER MAY HOLD MORE THAN ONE MARIHUANA
DISTRIBUTOR LICENSE.
10. THE BUREAU SHALL ISSUE A SERIES OF PRODUCER LICENSES DISTINGUISHED
BY CANOPY SIZE AND TYPE OF LIGHTING USED, NATURAL/OUTDOOR LIGHT, INDOOR
LIGHT, OR MIXED-LIGHT.
11. NO MARIHUANA PRODUCER OWNER MAY HOLD MORE THAN ONE MARIHUANA
PRODUCER AND ONE MARIHUANA PROCESSOR LICENSE.
12. NO MARIHUANA PROCESSOR OWNER MAY HOLD MORE THAN THREE MARIHUANA
PROCESSOR LICENSES.
§ 170. ACTIONS TAKEN PURSUANT TO A VALID LICENSE ARE LAWFUL. NO
CONTRACTS RELATED TO THE OPERATION OF LICENSES UNDER THIS CHAPTER SHALL
BE DEEMED UNENFORCEABLE ON THE BASIS THAT THE ACTIONS PERMITTED PURSUANT
TO THE LICENSE ARE PROHIBITED BY FEDERAL LAW. THE FOLLOWING ACTIONS ARE
NOT UNLAWFUL AS PROVIDED UNDER THIS CHAPTER, SHALL NOT BE AN OFFENSE
UNDER NEW YORK LAW OR THE LAWS OF ANY LOCALITY WITHIN NEW YORK, AND
SHALL NOT RESULT IN ANY CIVIL FINE, SEIZURE, OR FORFEITURE OF ASSETS
AGAINST ANY PERSON ACTING IN ACCORDANCE WITH THIS CHAPTER:
1. ACTIONS OF A LICENSEE, ITS EMPLOYEES, AND ITS AGENTS, AS PERMITTED
BY THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE BUREAU,
PURSUANT TO A VALID LICENSE ISSUED BY THE BUREAU.
S. 3040--B 28
2. ACTIONS OF THOSE WHO ALLOW PROPERTY TO BE USED BY A LICENSEE, ITS
EMPLOYEES, AND ITS AGENTS, AS PERMITTED BY THIS CHAPTER AND CONSISTENT
WITH RULES AND REGULATIONS OF THE BUREAU, PURSUANT TO A VALID LICENSE
ISSUED BY THE BUREAU.
3. ACTIONS OF ANY PERSON OR ENTITY, THEIR EMPLOYEES, OR THEIR AGENTS
PROVIDING A SERVICE TO A LICENSEE OR POTENTIAL LICENSEE, AS PERMITTED BY
THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE BUREAU,
RELATING TO THE FORMATION OF A BUSINESS.
4. THE PURCHASE, POSSESSION, OR CONSUMPTION OF MARIHUANA, AS PERMITTED
BY THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE BUREAU,
OBTAINED FROM A VALIDLY LICENSED RETAILER.
§ 171. GENERAL PROHIBITIONS AND RESTRICTIONS. 1. NO MARIHUANA PRODUCTS
MAY BE IMPORTED OR EXPORTED INTO NEW YORK STATE BY A LICENSEE FROM OR TO
A JURISDICTION IN WHICH POSSESSION, TRANSPORT, DISTRIBUTION OF MARIHUANA
OR OTHER MARIHUANA RELATED CONDUCT REMAINS ILLEGAL UNDER THE LAWS OF
THAT JURISDICTION.
2. (A) NO PERSON HOLDING ANY LICENSE PURSUANT TO THIS ARTICLE TO GROW
OR PROCESS MARIHUANA MAY EMPLOY ANY PERSON WHO HAS BEEN CONVICTED OF AN
OFFENSE RELATED TO THE FUNCTIONS, OR DUTIES OF THE BUSINESS OR PROFES-
SION FOR WHICH THE APPLICATION IS MADE WITHIN THREE YEARS OF THE APPLI-
CATION DATE, EXCEPT THAT IF THE BUREAU DETERMINES THAT THE OWNER OR
LICENSEE IS OTHERWISE SUITABLE TO BE ISSUED A LICENSE, AND GRANTING THE
LICENSE WOULD NOT COMPROMISE PUBLIC SAFETY, THE BUREAU SHALL CONDUCT A
THOROUGH REVIEW OF THE NATURE OF THE CRIME, CONVICTION, CIRCUMSTANCES,
AND EVIDENCE OF REHABILITATION OF THE OWNER, AND SHALL EVALUATE THE
SUITABILITY OF THE OWNER OR LICENSEE TO BE ISSUED A LICENSE BASED ON THE
EVIDENCE FOUND THROUGH THE REVIEW. IN DETERMINING WHICH OFFENSES ARE
SUBSTANTIALLY RELATED TO THE QUALIFICATIONS, FUNCTIONS, OR DUTIES OF THE
BUSINESS OR PROFESSION FOR WHICH THE APPLICATION IS MADE, THE BUREAU
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
(I) A FELONY CONVICTION INVOLVING FRAUD AND OTHER UNLAWFUL CONDUCT
RELATED TO OWNING AND OPERATING A BUSINESS.
(II) A FELONY CONVICTION FOR HIRING, EMPLOYING, OR USING A MINOR IN
TRANSPORTING, CARRYING, SELLING, GIVING AWAY, PREPARING FOR SALE, OR
PEDDLING, ANY CONTROLLED SUBSTANCE TO A MINOR; OR SELLING, OFFERING TO
SELL, FURNISHING, OFFERING TO FURNISH, ADMINISTERING, OR GIVING ANY
CONTROLLED SUBSTANCE TO A MINOR.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, IF THE BUREAU ISSUES ITS WRITTEN APPROVAL FOR THE EMPLOYMENT BY A
LICENSEE, IN A SPECIFIED CAPACITY, OF A PERSON PREVIOUSLY CONVICTED OF A
FELONY OR ANY OF THE OFFENSES ABOVE ENUMERATED IN PARAGRAPH (A) OF THIS
SUBDIVISION, SUCH PERSON, MAY, UNLESS HE OR SHE IS SUBSEQUENTLY
CONVICTED OF A FELONY OR ANY OF SUCH OFFENSES, THEREAFTER BE EMPLOYED IN
THE SAME CAPACITY BY ANY OTHER LICENSEE WITHOUT THE FURTHER WRITTEN
APPROVAL OF THE BUREAU UNLESS THE PRIOR APPROVAL GIVEN BY THE BUREAU IS
TERMINATED.
3. NO LICENSE OF ANY KIND MAY BE ISSUED TO A PERSON UNDER THE AGE OF
TWENTY-ONE YEARS, NOR SHALL ANY LICENSEE EMPLOY ANYONE UNDER THE AGE OF
TWENTY-ONE YEARS.
§ 172. CERTAIN OFFICIALS NOT TO BE INTERESTED IN THE MANUFACTURE OR
SALE OF MARIHUANA. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTION ONE
HUNDRED TWENTY-EIGHT-A OF THIS CHAPTER, IT SHALL BE UNLAWFUL FOR ANY
POLICE COMMISSIONER, POLICE INSPECTOR, CAPTAIN, SERGEANT, ROUNDSMAN,
PATROLMAN OR OTHER POLICE OFFICIAL OR SUBORDINATE OF ANY POLICE DEPART-
MENT IN THE STATE, TO BE EITHER DIRECTLY OR INDIRECTLY INTERESTED IN THE
MANUFACTURE OR SALE OF MARIHUANA OR TO OFFER FOR SALE, OR RECOMMEND TO
S. 3040--B 29
ANY LICENSEE ANY MARIHUANA. A PERSON MAY NOT BE DENIED ANY LICENSE
GRANTED UNDER THE PROVISIONS OF SECTIONS FIFTY-FOUR, FIFTY-FIVE, FIFTY-
NINE, SIXTY-THREE, SIXTY-FOUR, SEVENTY-NINE, EIGHTY-ONE, OR ARTICLE
SEVEN OF THIS CHAPTER SOLELY ON THE GROUNDS OF BEING THE SPOUSE OF A
PUBLIC SERVANT DESCRIBED IN THIS SUBDIVISION. THE SOLICITATION OR RECOM-
MENDATION MADE TO ANY LICENSEE, TO PURCHASE ANY MARIHUANA BY ANY POLICE
OFFICIAL OR SUBORDINATE AS DESCRIBED IN THIS SUBDIVISION, SHALL BE
PRESUMPTIVE EVIDENCE OF THE INTEREST OF SUCH OFFICIAL OR SUBORDINATE IN
THE MANUFACTURE OR SALE OF MARIHUANA.
2. NO ELECTIVE VILLAGE OFFICER SHALL BE SUBJECT TO THE LIMITATIONS SET
FORTH IN SUBDIVISION ONE OF THIS SECTION UNLESS SUCH ELECTIVE VILLAGE
OFFICER SHALL BE ASSIGNED DUTIES DIRECTLY RELATING TO THE OPERATION OR
MANAGEMENT OF THE POLICE DEPARTMENT.
§ 173. PROVISIONS GOVERNING INITIAL RULEMAKING. 1. WITHIN TWO HUNDRED
FORTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE BUREAU SHALL
PERFORM SUCH ACTS, PRESCRIBE SUCH FORMS AND MAKE SUCH RULES, REGULATIONS
AND ORDERS AS IT MAY DEEM NECESSARY OR PROPER TO FULLY EFFECTUATE THE
PROVISIONS OF THIS ARTICLE.
2. THE BUREAU SHALL PROMULGATE NECESSARY RULES AND REGULATIONS GOVERN-
ING THE LICENSING OF MARIHUANA PRODUCERS, MARIHUANA PROCESSORS, MARIHUA-
NA RETAILERS AND MARIHUANA RETAILERS FOR CONSUMPTION ON-SITE, INCLUDING:
(A) PRESCRIBING FORMS AND ESTABLISHING APPLICATION, REINSTATEMENT, AND
RENEWAL FEES;
(B) THE QUALIFICATIONS FOR LICENSURE;
(C) THE BOOKS AND RECORDS TO BE CREATED AND MAINTAINED BY LICENSEES,
THE REPORTS TO BE MADE THEREON TO THE BUREAU, AND INSPECTION OF THE
BOOKS AND RECORDS;
(D) METHODS OF PRODUCING, PROCESSING, AND PACKAGING MARIHUANA, MARI-
HUANA-INFUSED PRODUCTS, AND CONCENTRATED CANNABIS; CONDITIONS OF SANITA-
TION, AND STANDARDS OF INGREDIENTS, QUALITY, AND IDENTITY OF MARIHUANA
PRODUCTS PRODUCED, PROCESSED, PACKAGED, OR SOLD BY LICENSEES; AND
(E) SECURITY REQUIREMENTS FOR MARIHUANA RETAILERS AND PREMISES WHERE
MARIHUANA PRODUCTS ARE PRODUCED OR PROCESSED, AND SAFETY PROTOCOLS FOR
LICENSEES AND THEIR EMPLOYEES.
3. THE BUREAU SHALL PROMULGATE RULES AND REGULATIONS THAT ARE CALCU-
LATED TO:
(A) PREVENT THE DISTRIBUTION OF MARIHUANA TO PERSONS UNDER TWENTY-ONE
YEARS OF AGE;
(B) PREVENT THE REVENUE FROM THE SALE OF MARIHUANA FROM GOING TO CRIM-
INAL ENTERPRISES, GANGS, AND CARTELS;
(C) PREVENT THE DIVERSION OF MARIHUANA FROM THIS STATE TO OTHER
STATES;
(D) PREVENT MARIHUANA ACTIVITY THAT IS LEGAL UNDER STATE LAW FROM
BEING USED AS A COVER OR PRETEXT FOR THE TRAFFICKING OF OTHER ILLEGAL
DRUGS OR OTHER ILLEGAL ACTIVITY;
(E) PREVENT VIOLENCE AND THE USE OF FIREARMS IN THE CULTIVATION AND
DISTRIBUTION OF MARIHUANA;
(F) PREVENT DRUGGED DRIVING AND THE EXACERBATION OF OTHER ADVERSE
PUBLIC HEALTH CONSEQUENCES ASSOCIATED WITH THE USE OF MARIHUANA;
(G) PREVENT THE GROWING OF MARIHUANA ON PUBLIC LANDS AND THE ATTENDANT
PUBLIC SAFETY AND ENVIRONMENTAL DANGERS POSED BY MARIHUANA PRODUCTION ON
PUBLIC LANDS; AND
(H) PREVENT THE POSSESSION AND USE OF MARIHUANA ON FEDERAL PROPERTY.
4. RULES AND REGULATIONS PROMULGATED BY THE BUREAU PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION SHALL NOT PROHIBIT THE OPERATION OF MARI-
S. 3040--B 30
HUANA ESTABLISHMENTS EITHER EXPRESSLY OR THROUGH REGULATIONS THAT MAKE
THEIR OPERATION UNREASONABLY IMPRACTICABLE.
5. THE BUREAU, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE AND
MARKETS AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL PROMUL-
GATE NECESSARY RULES AND REGULATIONS GOVERNING THE SAFE PRODUCTION OF
MARIHUANA, INCLUDING RESTRICTIONS ON THE USE OF PESTICIDES, INSECTICIDES
AND HERBICIDES.
§ 174. PROVISIONS GOVERNING MARIHUANA PRODUCERS. 1. NO PRODUCER SHALL
SELL, OR AGREE TO SELL OR DELIVER IN THE STATE ANY MARIHUANA PRODUCTS,
AS THE CASE MAY BE, EXCEPT IN SEALED CONTAINERS CONTAINING QUANTITIES IN
ACCORDANCE WITH SIZE STANDARDS PURSUANT TO RULES ADOPTED BY THE BUREAU.
SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY BE
REQUIRED BY THE RULES OF THE BUREAU, TOGETHER WITH ALL NECESSARY NEW
YORK STATE EXCISE TAX STAMPS, AS REQUIRED BY LAW.
2. NO PRODUCER SHALL DELIVER ANY MARIHUANA PRODUCTS, EXCEPT IN VEHI-
CLES OWNED AND OPERATED BY SUCH PRODUCER, OR HIRED AND OPERATED BY SUCH
PRODUCER FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH THE
BUREAU, AND SHALL ONLY MAKE DELIVERIES AT THE LICENSED PREMISES OF THE
PURCHASER.
3. EACH PRODUCER SHALL KEEP AND MAINTAIN UPON THE LICENSED PREMISES,
ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS INVOLVING THE PRODUCER
AND SALE OF HIS OR ITS PRODUCTS, WHICH SHALL INCLUDE ALL INFORMATION
REQUIRED BY RULES PROMULGATED BY THE BUREAU. EACH SALE SHALL BE RECORDED
SEPARATELY ON A NUMBERED INVOICE, WHICH SHALL HAVE PRINTED THEREON THE
NUMBER, THE NAME OF THE LICENSEE, THE ADDRESS OF THE LICENSED PREMISES,
AND THE CURRENT LICENSE NUMBER. SUCH PRODUCER SHALL DELIVER TO THE
PURCHASER A TRUE DUPLICATE INVOICE STATING THE NAME AND ADDRESS OF THE
PURCHASER, THE QUANTITY PURCHASED, DESCRIPTION AND THE PRICE OF THE
PRODUCT, AND A TRUE, ACCURATE AND COMPLETE STATEMENT OF THE TERMS AND
CONDITIONS ON WHICH SUCH SALE IS MADE. SUCH BOOKS, RECORDS AND INVOICES
SHALL BE KEPT FOR A PERIOD OF TWO YEARS AND SHALL BE AVAILABLE FOR
INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE BUREAU.
4. NO PRODUCER SHALL FURNISH OR CAUSE TO BE FURNISHED TO ANY LICENSEE,
ANY EXTERIOR OR INTERIOR SIGN, PRINTED, PAINTED, ELECTRIC OR OTHERWISE,
EXCEPT AS AUTHORIZED BY THE BUREAU. THE BUREAU MAY MAKE SUCH RULES AS IT
DEEMS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THIS SUBDIVISION.
§ 175. PROVISIONS GOVERNING PROCESSORS. 1. NO PROCESSOR SHALL BE
ENGAGED IN ANY OTHER BUSINESS ON THE PREMISES TO BE LICENSED; EXCEPT
THAT NOTHING CONTAINED IN THIS CHAPTER SHALL PREVENT A MARIHUANA PRODUC-
ER AND A MARIHUANA PROCESSOR FROM OPERATING ON THE SAME PREMISES AND
FROM A PERSON HOLDING BOTH LICENSES.
2. NO PROCESSOR SHALL SELL, OR AGREE TO SELL OR DELIVER IN THE STATE
ANY MARIHUANA PRODUCTS, EXCEPT IN A SEALED PACKAGE CONTAINING QUANTITIES
IN ACCORDANCE WITH SIZE STANDARDS PURSUANT TO RULES ADOPTED BY THE
BUREAU. SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY BE
REQUIRED BY THE RULES OF THE BUREAU, TOGETHER WITH ALL NECESSARY NEW
YORK STATE EXCISE TAX STAMPS, AS REQUIRED BY LAW.
3. NO PROCESSOR SHALL DELIVER ANY PRODUCTS, EXCEPT IN VEHICLES OWNED
AND OPERATED BY SUCH PROCESSOR, OR HIRED AND OPERATED BY SUCH PROCESSOR
FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH THE BUREAU,
AND SHALL ONLY MAKE DELIVERIES AT THE LICENSED PREMISES OF THE PURCHAS-
ER.
4. EACH PROCESSOR SHALL KEEP AND MAINTAIN UPON THE LICENSED PREMISES,
ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS INVOLVING THE BUSINESS
TRANSACTED BY SUCH PROCESSOR, WHICH SHALL SHOW THE AMOUNT OF MARIHUANA
PRODUCTS, PURCHASED BY SUCH PROCESSOR TOGETHER WITH THE NAMES, LICENSE
S. 3040--B 31
NUMBERS AND PLACES OF BUSINESS OF THE PERSONS FROM WHOM THE SAME WAS
PURCHASED AND THE AMOUNT INVOLVED IN SUCH PURCHASES, AS WELL AS THE
AMOUNT OF MARIHUANA PRODUCTS SOLD BY SUCH PROCESSOR TOGETHER WITH THE
NAMES, ADDRESSES, AND LICENSE NUMBERS OF SUCH PURCHASERS. EACH SALE
SHALL BE RECORDED SEPARATELY ON A NUMBERED INVOICE, WHICH SHALL HAVE
PRINTED THEREON THE NUMBER, THE NAME OF THE LICENSEE, THE ADDRESS OF THE
LICENSED PREMISES, AND THE CURRENT LICENSE NUMBER. SUCH PROCESSOR SHALL
DELIVER TO THE PURCHASER A TRUE DUPLICATE INVOICE STATING THE NAME AND
ADDRESS OF THE PURCHASER, QUANTITY PURCHASED, DESCRIPTION AND THE PRICE
OF THE PRODUCT, AND A TRUE, ACCURATE AND COMPLETE STATEMENT OF THE TERMS
AND CONDITIONS ON WHICH SUCH SALE IS MADE. SUCH BOOKS, RECORDS AND
INVOICES SHALL BE KEPT FOR A PERIOD OF TWO YEARS AND SHALL BE AVAILABLE
FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE BUREAU.
§ 176. PROVISIONS GOVERNING MARIHUANA RETAILERS. 1. NO RETAIL LICENSE
SHALL BE GRANTED FOR ANY PREMISES, UNLESS THE APPLICANT SHALL BE THE
OWNER THEREOF, OR SHALL BE IN POSSESSION OF SAID PREMISES UNDER A LEASE,
MANAGEMENT AGREEMENT OR OTHER AGREEMENT GIVING THE APPLICANT CONTROL
OVER THE PREMISES, IN WRITING, FOR A TERM NOT LESS THAN THE LICENSE
PERIOD.
2. NO PREMISES SHALL BE LICENSED TO SELL MARIHUANA PRODUCTS, UNLESS
SAID PREMISES SHALL BE LOCATED IN A STORE, THE PRINCIPAL ENTRANCE TO
WHICH SHALL BE FROM THE STREET LEVEL AND LOCATED ON A PUBLIC THOROUGH-
FARE IN PREMISES WHICH MAY BE OCCUPIED, OPERATED OR CONDUCTED FOR BUSI-
NESS, TRADE OR INDUSTRY OR ON AN ARCADE OR SUB-SURFACE THOROUGHFARE
LEADING TO A RAILROAD TERMINAL. THERE MAY BE NOT MORE THAN ONE ADDI-
TIONAL ENTRANCE WHICH SHALL BE FROM THE STREET LEVEL AND LOCATED ON AND
GIVING ACCESS TO AND FROM A PUBLIC OR PRIVATE PARKING LOT OR PARKING
AREA HAVING SPACE FOR NOT LESS THAN FIVE AUTOMOBILES.
3. NO MARIHUANA RETAIL LICENSE SHALL BE GRANTED FOR ANY PREMISES WHICH
A LICENSE WOULD NOT BE ALLOWED TO SELL AT RETAIL FOR CONSUMPTION OF
ALCOHOL OFF THE PREMISES BASED ON ITS PROXIMITY TO A BUILDING OCCUPIED
EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP
PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
4. NO MARIHUANA RETAIL LICENSEE SHALL OFFER FOR SALE ANY MARIHUANA
PRODUCTS IN ANY OTHER CONTAINER, EXCEPT IN THE ORIGINAL SEALED PACKAGE,
AS RECEIVED FROM THE PRODUCER, DISTRIBUTOR OR PROCESSOR. SUCH CONTAINERS
SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY BE REQUIRED BY THE RULES
OF THE BUREAU, TOGETHER WITH ALL NEW YORK STATE EXCISE TAX STAMPS, AS
REQUIRED BY LAW. SUCH CONTAINERS SHALL NOT BE OPENED NOR ITS CONTENTS
CONSUMED ON THE PREMISES WHERE SOLD.
5. NO MARIHUANA RETAIL LICENSEE SHALL SELL OR TRANSFER MARIHUANA
PRODUCTS TO ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
6. NO MARIHUANA RETAIL LICENSEE SHALL SELL ALCOHOLIC BEVERAGES ON THE
SAME PREMISES WHERE MARIHUANA PRODUCTS ARE SOLD.
7. NO SIGN OF ANY KIND PRINTED, PAINTED OR ELECTRIC, ADVERTISING ANY
BRAND SHALL BE PERMITTED ON THE EXTERIOR OR INTERIOR OF SUCH PREMISES,
EXCEPT BY PERMISSION OF THE BUREAU.
8. NO RETAIL LICENSEE SHALL DELIVER ANY MARIHUANA PRODUCTS EXCEPT IN
VEHICLES OWNED AND OPERATED BY SUCH LICENSEE, OR HIRED AND OPERATED BY
SUCH LICENSEE FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH
THE BUREAU, AND SHALL ONLY MAKE SUCH DELIVERIES AT THE PREMISES OF THE
PURCHASER.
9. NO RETAIL LICENSEE SHALL KEEP OR PERMIT TO BE KEPT UPON THE
LICENSED PREMISES, ANY MARIHUANA PRODUCTS IN ANY UNSEALED CONTAINER.
10. NO RETAIL LICENSEE SHALL SELL OR DELIVER ANY MARIHUANA PRODUCTS TO
ANY PERSON WITH KNOWLEDGE OF, OR WITH REASONABLE CAUSE TO BELIEVE, THAT
S. 3040--B 32
THE PERSON TO WHOM SUCH MARIHUANA PRODUCTS ARE BEING SOLD, HAS ACQUIRED
THE SAME FOR THE PURPOSE OF PEDDLING THEM FROM PLACE TO PLACE, OR OF
SELLING OR GIVING THEM AWAY IN VIOLATION OF THE PROVISIONS OF THIS CHAP-
TER OR IN VIOLATION OF THE RULES AND REGULATIONS OF THE BUREAU.
11. NO PREMISES LICENSED AS A MARIHUANA RETAILER SHALL BE PERMITTED TO
REMAIN OPEN DURING A TIME WHEN A PREMISES LICENSED TO SELL LIQUOR AND/OR
WINE FOR OFF-PREMISES CONSUMPTION IS NOT PERMITTED TO REMAIN OPEN PURSU-
ANT TO THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
12. EACH MARIHUANA RETAIL LICENSEE SHALL KEEP AND MAINTAIN UPON THE
LICENSED PREMISES, ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS
INVOLVING THE BUSINESS TRANSACTED BY SUCH LICENSEE, WHICH SHALL SHOW THE
AMOUNT OF MARIHUANA PRODUCTS, PURCHASED BY SUCH LICENSEE TOGETHER WITH
THE NAMES, LICENSE NUMBERS AND PLACES OF BUSINESS OF THE PERSONS FROM
WHOM THE SAME WERE PURCHASED, AND THE AMOUNT INVOLVED IN SUCH PURCHASES,
AS WELL AS THE AMOUNT OF MARIHUANA PRODUCTS, SOLD BY SUCH LICENSEE, AND
THE AMOUNT INVOLVED IN EACH SALE. SUCH BOOKS AND RECORDS SHALL BE AVAIL-
ABLE FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE BUREAU.
13. ALL PREMISES LICENSED UNDER THIS SECTION SHALL BE SUBJECT TO
INSPECTION BY ANY PEACE OFFICER DESCRIBED IN SUBDIVISION FOUR OF SECTION
2.10 OF THE CRIMINAL PROCEDURE LAW ACTING PURSUANT TO HIS OR HER SPECIAL
DUTIES, OR POLICE OFFICER OR ANY DULY AUTHORIZED REPRESENTATIVE OF THE
BUREAU, DURING THE HOURS WHEN THE SAID PREMISES ARE OPEN FOR THE TRANS-
ACTION OF BUSINESS.
§ 177. PROVISIONS GOVERNING MARIHUANA ON-SITE CONSUMPTION LICENSES. 1.
NO MARIHUANA RETAILER OR MICROBUSINESS SHALL BE GRANTED A MARIHUANA
ON-SITE CONSUMPTION LICENSE FOR A PREMISES LOCATED IN WHOLE OR IN PART
INSIDE THE BOUNDARIES OF ANY CITY, VILLAGE OR TOWN, UNLESS THE LOCAL
LEGISLATIVE BODY OF SUCH CITY, VILLAGE OR TOWN, BY RESOLUTION, EXPRESSLY
AUTHORIZES THE LICENSING OF SUCH FACILITIES IN SUCH CITY, VILLAGE OR
TOWN. THE LOCAL LEGISLATIVE BODY MAY DIRECT AN APPROPRIATE OFFICER,
BOARD OR BODY OF SUCH CITY, VILLAGE OR TOWN AS THE LOCAL LICENSING
AUTHORITY TO AUTHORIZE INDIVIDUAL MARIHUANA FACILITY LICENSE APPLICA-
TIONS. IN CITIES OF ONE MILLION OR MORE RESIDENTS, SHOULD THE LOCAL
LEGISLATIVE BODY AUTHORIZE SUCH LICENSE, NO MARIHUANA RETAILER LICENSE
FOR CONSUMPTION ON-SITE SHALL BE GRANTED UNLESS THE COMMUNITY BOARD
ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK
CITY CHARTER WITH JURISDICTION OVER THE AREA IN WHICH THE PREMISES WILL
BE LOCATED SHALL ALSO AUTHORIZE SUCH LICENSE.
2. NO MARIHUANA RETAILER OR MICROBUSINESS SHALL BE GRANTED A MARIHUANA
ON-SITE CONSUMPTION LICENSE FOR ANY PREMISES, UNLESS THE APPLICANT SHALL
BE THE OWNER THEREOF, OR SHALL BE IN POSSESSION OF SAID PREMISES UNDER A
LEASE, IN WRITING, FOR A TERM NOT LESS THAN THE LICENSE PERIOD EXCEPT,
HOWEVER, THAT SUCH LICENSE MAY THEREAFTER BE RENEWED WITHOUT THE
REQUIREMENT OF A LEASE AS HEREIN PROVIDED. THIS SUBDIVISION SHALL NOT
APPLY TO PREMISES LEASED FROM GOVERNMENT AGENCIES, AS DEFINED UNDER
SUBDIVISION TWELVE-C OF SECTION THREE OF THIS CHAPTER; PROVIDED, HOWEV-
ER, THAT THE APPROPRIATE ADMINISTRATOR OF SUCH GOVERNMENT AGENCY
PROVIDES SOME FORM OF WRITTEN DOCUMENTATION REGARDING THE TERMS OF OCCU-
PANCY UNDER WHICH THE APPLICANT IS LEASING SAID PREMISES FROM THE
GOVERNMENT AGENCY FOR PRESENTATION TO THE BUREAU AT THE TIME OF THE
LICENSE APPLICATION. SUCH DOCUMENTATION SHALL INCLUDE THE TERMS OF OCCU-
PANCY BETWEEN THE APPLICANT AND THE GOVERNMENT AGENCY, INCLUDING, BUT
NOT LIMITED TO, ANY SHORT-TERM LEASING AGREEMENTS OR WRITTEN OCCUPANCY
AGREEMENTS.
3. NO MARIHUANA RETAILER OR MICROBUSINESS SHALL BE GRANTED A MARIHUANA
ON-SITE CONSUMPTION LICENSE FOR ANY PREMISES WHERE A LICENSE WOULD NOT
S. 3040--B 33
BE ALLOWED TO SELL AT RETAIL FOR CONSUMPTION OF ALCOHOL ON THE PREMISES
BASED ON ITS PROXIMITY TO A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL,
CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP PURSUANT TO THE PROVISIONS
OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
4. THE BUREAU MAY CONSIDER ANY OR ALL OF THE FOLLOWING IN DETERMINING
WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
PROMOTED BY THE GRANTING OF LICENSES AND PERMITS FOR A MARIHUANA ON-SITE
CONSUMPTION LICENSE AT A PARTICULAR UNLICENSED LOCATION:
(A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF.
(B) EVIDENCE THAT ALL NECESSARY LICENSES AND PERMITS HAVE BEEN
OBTAINED FROM THE STATE AND ALL OTHER GOVERNING BODIES.
(C) EFFECT OF THE GRANT OF THE LICENSE ON VEHICULAR TRAFFIC AND PARK-
ING IN PROXIMITY TO THE LOCATION.
(D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES.
(E) THE HISTORY OF MARIHUANA VIOLATIONS AND REPORTED CRIMINAL ACTIVITY
AT THE PROPOSED PREMISES.
(F) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO DETERMINE THE PUBLIC CONVENIENCE AND ADVANTAGE AND PUBLIC INTEREST OF
THE COMMUNITY.
5. IF THE BUREAU SHALL DISAPPROVE AN APPLICATION FOR A LICENSE OR
PERMIT, IT SHALL STATE AND FILE IN ITS OFFICES THE REASONS THEREFOR AND
SHALL NOTIFY THE APPLICANT THEREOF. SUCH APPLICANT MAY THEREUPON APPLY
TO THE BUREAU FOR A REVIEW OF SUCH ACTION IN A MANNER TO BE PRESCRIBED
BY THE RULES OF THE BUREAU. A HEARING UPON NOTICE TO THE APPLICANT SHALL
THEREUPON BE HELD BY THE BUREAU OR BY ONE OF ITS MEMBERS AT ITS OFFICE
MOST CONVENIENTLY SITUATED TO THE OFFICE OF ITS DULY AUTHORIZED REPRE-
SENTATIVE IN A MANNER TO BE PRESCRIBED IN ITS RULES; AND ON SUCH HEARING
PROOF MAY BE TAKEN BY ORAL TESTIMONY OR BY AFFIDAVIT RELATIVE THERETO.
AFTER SUCH HEARING, IF THE BUREAU CONFIRMS SUCH DISAPPROVAL, IT SHALL
ENDORSE SUCH APPLICATION ACCORDINGLY AND SHALL SEND NOTICE TO THE APPLI-
CANT OF ITS ACTION IN SUCH FORM AS THE BUREAU MAY PRESCRIBE. IF THE
BUREAU DOES NOT CONFIRM THE DISAPPROVAL ACTION IT MAY GRANT SUCH APPLI-
CATION AND ISSUE SUCH LICENSE.
6. NO MARIHUANA ON-SITE CONSUMPTION LICENSEE, EXCEPT PERSONS OR CORPO-
RATIONS OPERATING A HOTEL, AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
THREE OF THIS CHAPTER, FOR EXCLUSIVE USE IN THE FURNISHING OF ROOM
SERVICE IN THE MANNER PRESCRIBED BY RULE OR REGULATION OF THE BUREAU,
SHALL KEEP UPON THE LICENSED PREMISES ANY MARIHUANA PRODUCTS, EXCEPT
THOSE PURCHASED FROM A LICENSED PRODUCER, AND IN CONTAINERS APPROVED BY
THE BUREAU. SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS AS
MAY BE REQUIRED BY THE RULES OF THE BUREAU, TOGETHER WITH ALL NECESSARY
EXCISE STAMPS AS REQUIRED BY LAW. NO MARIHUANA RETAIL LICENSEE FOR
ON-SITE CONSUMPTION SHALL REUSE, REFILL, TAMPER WITH, ADULTERATE, DILUTE
OR FORTIFY THE CONTENTS OF ANY CONTAINER OF MARIHUANA PRODUCTS AS
RECEIVED FROM THE MANUFACTURER OR WHOLESALER.
7. NO MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL SELL, DELIVER OR
GIVE AWAY, OR CAUSE OR PERMIT OR PROCURE TO BE SOLD, DELIVERED OR GIVEN
AWAY ANY MARIHUANA FOR CONSUMPTION ON THE PREMISES WHERE SOLD IN A
CONTAINER OR PACKAGE CONTAINING MORE THAN ONE GRAM OF MARIHUANA.
8. NO MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL SUFFER OR PERMIT
ANY GAMBLING ON THE LICENSED PREMISES, OR SUFFER OR PERMIT SUCH PREMISES
TO BECOME DISORDERLY. THE USE OF THE LICENSED PREMISES, OR ANY PART
THEREOF, FOR THE SALE OF LOTTERY TICKETS, PLAYING OF BINGO OR GAMES OF
CHANCE, OR AS A SIMULCAST FACILITY OR SIMULCAST THEATER PURSUANT TO THE
S. 3040--B 34
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, WHEN DULY AUTHORIZED AND
LAWFULLY CONDUCTED THEREON, SHALL NOT CONSTITUTE GAMBLING WITHIN THE
MEANING OF THIS SUBDIVISION.
(A) NO MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL SUFFER OR PERMIT
ANY PERSON TO APPEAR ON LICENSED PREMISES IN SUCH MANNER OR ATTIRE AS TO
EXPOSE TO VIEW ANY PORTION OF THE PUBIC AREA, ANUS, VULVA OR GENITALS,
OR ANY SIMULATION THEREOF, NOR SHALL SUFFER OR PERMIT ANY FEMALE TO
APPEAR ON LICENSED PREMISES IN SUCH MANNER OR ATTIRE AS TO EXPOSE TO
VIEW ANY PORTION OF THE BREAST BELOW THE TOP OF THE AREOLA, OR ANY SIMU-
LATION THEREOF.
(B) NO MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL SUFFER, PERMIT OR
PROMOTE AN EVENT ON ITS PREMISES WHEREIN THE CONTESTANTS DELIVER, OR ARE
NOT FORBIDDEN BY THE APPLICABLE RULES THEREOF FROM DELIVERING KICKS,
PUNCHES OR BLOWS OF ANY KIND TO THE BODY OF AN OPPONENT OR OPPONENTS,
WHETHER OR NOT THE EVENT CONSISTS OF A PROFESSIONAL MATCH OR EXHIBITION,
AND WHETHER OR NOT THE EVENT OR ANY SUCH ACT, OR BOTH, IS DONE FOR
COMPENSATION; PROVIDED, HOWEVER, THAT THIS PROHIBITION SHALL NOT BE
APPLIED TO ANY PROFESSIONAL MATCH OR EXHIBITION WHICH CONSISTS OF
BOXING, SPARRING, WRESTLING, OR MARTIAL ARTS AND WHICH IS EXCEPTED FROM
THE DEFINITION OF THE TERM "COMBATIVE SPORT" CONTAINED IN SUBDIVISION
THREE OF SECTION ONE THOUSAND OF THE GENERAL BUSINESS LAW.
(C) IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, A VIOLATION OF
THIS SUBDIVISION SHALL CONSTITUTE AN ADEQUATE GROUND FOR INSTITUTING A
PROCEEDING TO SUSPEND, CANCEL OR REVOKE THE LICENSE OF THE VIOLATOR IN
ACCORDANCE WITH THE APPLICABLE PROCEDURES SPECIFIED IN SECTION ONE
HUNDRED NINETEEN OF THIS CHAPTER.
9. EXCEPT WHERE A PERMIT TO DO SO IS OBTAINED PURSUANT TO SECTION
405.10 OF THE PENAL LAW, NO MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL
SUFFER, PERMIT, OR PROMOTE AN EVENT ON ITS PREMISES WHEREIN ANY PERSON
SHALL USE, EXPLODE, OR CAUSE TO EXPLODE, ANY FIREWORKS OR OTHER PYRO-
TECHNICS IN A BUILDING AS DEFINED IN PARAGRAPH E OF SUBDIVISION ONE OF
SECTION 405.10 OF THE PENAL LAW, THAT IS COVERED BY SUCH LICENSE OR
POSSESS SUCH FIREWORKS OR PYROTECHNICS FOR SUCH PURPOSE. IN ADDITION TO
ANY OTHER PENALTY PROVIDED BY LAW, A VIOLATION OF THIS SUBDIVISION SHALL
CONSTITUTE AN ADEQUATE GROUND FOR INSTITUTING A PROCEEDING TO SUSPEND,
CANCEL, OR REVOKE THE LICENSE OF THE VIOLATOR IN ACCORDANCE WITH THE
APPLICABLE PROCEDURES SPECIFIED IN SECTION ONE HUNDRED NINETEEN OF THIS
CHAPTER; PROVIDED HOWEVER, IF MORE THAN ONE LICENSEE IS PARTICIPATING IN
A SINGLE EVENT, UPON APPROVAL BY THE BUREAU, ONLY ONE LICENSEE MUST
OBTAIN SUCH PERMIT.
10. NO RESTAURANT AND NO PREMISES LICENSED TO SELL MARIHUANA PRODUCTS
FOR ON-SITE CONSUMPTION UNDER PARAGRAPH (A) OF SUBDIVISION SIX OF
SECTION SIXTY-FOUR-A OF THIS CHAPTER SHALL BE PERMITTED TO HAVE ANY
OPENING OR MEANS OF ENTRANCE OR PASSAGEWAY FOR PERSONS OR THINGS BETWEEN
THE LICENSED PREMISES AND ANY OTHER ROOM OR PLACE IN THE BUILDING
CONTAINING THE LICENSED PREMISES, OR ANY ADJOINING OR ABUTTING PREMISES,
UNLESS INGRESS AND EGRESS IS RESTRICTED BY AN EMPLOYEE, AGENT OF THE
LICENSEE, OR OTHER APPROVED METHOD OF CONTROLLING ACCESS TO THE FACILI-
TY, OR UNLESS SUCH PREMISES ARE A BONA FIDE RESTAURANT WITH SUCH ACCESS
FOR PATRONS AND GUESTS FROM ANY PART OF SUCH BUILDING OR ADJOINING OR
ABUTTING PREMISES AS SHALL SERVE PUBLIC CONVENIENCE IN A REASONABLE AND
SUITABLE MANNER; OR UNLESS SUCH LICENSED PREMISES ARE IN A BUILDING
OWNED OR OPERATED BY ANY COUNTY, TOWN, CITY, VILLAGE OR PUBLIC AUTHORITY
OR AGENCY, IN A PARK OR OTHER SIMILAR PLACE OF PUBLIC ACCOMMODATION. ALL
GLASS IN ANY WINDOW OR DOOR ON SAID LICENSED PREMISES SHALL BE CLEAR AND
SHALL NOT BE OPAQUE, COLORED, STAINED OR FROSTED.
S. 3040--B 35
11. A VESSEL LICENSED TO SELL MARIHUANA PRODUCTS FOR ON-SITE CONSUMP-
TION SHALL NOT BE PERMITTED TO SELL ANY MARIHUANA PRODUCTS, WHILE SAID
VESSEL IS MOORED TO A PIER OR DOCK, EXCEPT THAT VESSELS SAILING ON
ESTABLISHED SCHEDULES SHALL BE PERMITTED TO SELL MARIHUANA PRODUCTS FOR
A PERIOD OF THREE HOURS PRIOR TO THE REGULAR ADVERTISED SAILING TIME.
12. EACH MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL KEEP AND MAIN-
TAIN UPON THE LICENSED PREMISES, ADEQUATE RECORDS OF ALL TRANSACTIONS
INVOLVING THE BUSINESS TRANSACTED BY SUCH LICENSEE WHICH SHALL SHOW THE
AMOUNT OF MARIHUANA PRODUCTS, IN AN APPLICABLE METRIC MEASUREMENT,
PURCHASED BY SUCH LICENSEE TOGETHER WITH THE NAMES, LICENSE NUMBERS AND
PLACES OF BUSINESS OF THE PERSONS FROM WHOM THE SAME WERE PURCHASED, THE
AMOUNT INVOLVED IN SUCH PURCHASES, AS WELL AS THE SALES OF MARIHUANA
PRODUCTS MADE BY SUCH LICENSEE. THE BUREAU IS HEREBY AUTHORIZED TO
PROMULGATE RULES AND REGULATIONS PERMITTING AN ON-SITE LICENSEE OPERAT-
ING TWO OR MORE PREMISES SEPARATELY LICENSED TO SELL MARIHUANA PRODUCTS
FOR ON-SITE CONSUMPTION TO INAUGURATE OR RETAIN IN THIS STATE METHODS OR
PRACTICES OF CENTRALIZED ACCOUNTING, BOOKKEEPING, CONTROL RECORDS,
REPORTING, BILLING, INVOICING OR PAYMENT RESPECTING PURCHASES, SALES OR
DELIVERIES OF MARIHUANA PRODUCTS, OR METHODS AND PRACTICES OF CENTRAL-
IZED RECEIPT OR STORAGE OF MARIHUANA PRODUCTS WITHIN THIS STATE WITHOUT
SEGREGATION OR EARMARKING FOR ANY SUCH SEPARATELY LICENSED PREMISES,
WHEREVER SUCH METHODS AND PRACTICES ASSURE THE AVAILABILITY, AT SUCH
LICENSEE'S CENTRAL OR MAIN OFFICE IN THIS STATE, OF DATA REASONABLY
NEEDED FOR THE ENFORCEMENT OF THIS CHAPTER. SUCH RECORDS SHALL BE AVAIL-
ABLE FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE BUREAU.
13. ALL RETAIL LICENSED PREMISES SHALL BE SUBJECT TO INSPECTION BY ANY
PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE
OFFICER AND BY THE DULY AUTHORIZED REPRESENTATIVES OF THE BUREAU, DURING
THE HOURS WHEN THE SAID PREMISES ARE OPEN FOR THE TRANSACTION OF BUSI-
NESS.
14. A MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL NOT PROVIDE MARI-
HUANA PRODUCTS TO ANY PERSON UNDER THE AGE OF TWENTY-ONE OR TO ANY
PERSON WHO IS VISIBLY IMPAIRED.
§ 178. ADVERTISING AND FORMS OF THE ISSUANCE OF LICENSES. 1. THE
BUREAU IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS GOVERN-
ING THE ADVERTISING OF MARIHUANA PRODUCERS, MARIHUANA PROCESSORS, MARI-
HUANA RETAILERS, AND ANY MARIHUANA RELATED PRODUCTS OR SERVICES.
2. THE BUREAU SHALL PROMULGATE EXPLICIT RULES PROHIBITING ADVERTISING
THAT:
(A) IS FALSE, DECEPTIVE, OR MISLEADING;
(B) PROMOTES OVERCONSUMPTION;
(C) DEPICTS CONSUMPTION BY CHILDREN OR OTHER MINORS;
(D) IS DESIGNED IN ANY WAY TO APPEAL TO CHILDREN OR OTHER MINORS;
(E) IS WITHIN TWO HUNDRED FEET OF THE PERIMETER OF A SCHOOL GROUNDS,
PLAYGROUND, CHILD CARE CENTER, PUBLIC PARK, OR LIBRARY;
(F) IS IN PUBLIC TRANSIT VEHICLES AND STATIONS;
(G) IS IN THE FORM OF AN UNSOLICITED INTERNET POP-UP; OR
(H) IS ON PUBLICLY OWNED OR OPERATED PROPERTY.
3. THE BUREAU SHALL PROMULGATE EXPLICIT RULES PROHIBITING ALL MARKET-
ING STRATEGIES AND IMPLEMENTATION INCLUDING, BUT NOT LIMITED TO, BRAND-
ING, PACKAGING, LABELING, LOCATION OF MARIHUANA RETAILERS AND MARIHUANA
MICROBUSINESSES, AND ADVERTISEMENTS THAT ARE DESIGNED TO:
(A) APPEAL TO PERSONS LESS THEN TWENTY-ONE YEARS OF AGE; OR
(B) DISSEMINATE FALSE OR MISLEADING INFORMATION TO CUSTOMERS.
4. THE BUREAU SHALL PROMULGATE EXPLICIT RULES REQUIRING THAT:
S. 3040--B 36
(A) ALL ADVERTISEMENTS AND MARKETING ACCURATELY AND LEGIBLY IDENTIFY
THE LICENSEE RESPONSIBLE FOR ITS CONTENT; AND
(B) ANY BROADCAST, CABLE, RADIO, PRINT AND DIGITAL COMMUNICATIONS
ADVERTISEMENTS ONLY BE PLACED WHERE THE AUDIENCE IS REASONABLY EXPECTED
TO BE TWENTY-ONE YEARS OF AGE OR OLDER, AS DETERMINED BY RELIABLE,
UP-TO-DATE AUDIENCE COMPOSITION DATA.
§ 179. PACKAGING OF MARIHUANA PRODUCTS. 1. THE BUREAU IS HEREBY
AUTHORIZED TO PROMULGATE RULES AND REGULATIONS GOVERNING THE PACKAGING
OF MARIHUANA PRODUCTS, SOLD OR POSSESSED FOR SALE IN NEW YORK STATE.
2. SUCH REGULATIONS SHALL INCLUDE REQUIRING THAT:
(A) PACKAGING MEETS REQUIREMENTS SIMILAR TO THE FEDERAL "POISON
PREVENTION PACKAGING ACT OF 1970," 15 U.S.C. SEC 1471 ET SEQ.;
(B) ALL MARIHUANA-INFUSED PRODUCTS SHALL HAVE A SEPARATE PACKAGING FOR
EACH SERVING;
(C) PRIOR TO DELIVERY OR SALE AT A RETAILER, MARIHUANA AND MARIHUANA
PRODUCTS SHALL BE LABELED AND PLACED IN A RESEALABLE, CHILD-RESISTANT
PACKAGE; AND
(D) PACKAGES AND LABELS SHALL NOT BE MADE TO BE ATTRACTIVE TO CHIL-
DREN.
§ 180. LABELING OF MARIHUANA PRODUCTS. 1. THE BUREAU IS HEREBY AUTHOR-
IZED TO PROMULGATE RULES AND REGULATIONS GOVERNING THE LABELING AND
OFFERING OF MARIHUANA PRODUCTS FOR SALE WITHIN THIS STATE.
2. SUCH RULES AND REGULATIONS SHALL BE CALCULATED TO: (A) PROHIBIT
DECEPTION OF THE CONSUMER; (B) AFFORD ADEQUATE INFORMATION AS TO QUALITY
AND IDENTITY OF THE PRODUCT; AND (C) ACHIEVE NATIONAL UNIFORMITY IN THIS
BUSINESS.
3. THE BUREAU MAY SEEK THE ASSISTANCE OF THE DEPARTMENT OF HEALTH WHEN
NECESSARY BEFORE PROMULGATING RULES AND REGULATIONS UNDER THIS SECTION.
4. SUCH REGULATIONS SHALL INCLUDE REQUIRING LABELS WARNING CONSUMERS
OF ANY POTENTIAL IMPACT ON HUMAN HEALTH RESULTING FROM THE CONSUMPTION
OF MARIHUANA PRODUCTS THAT SHALL BE AFFIXED TO THOSE PRODUCTS WHEN SOLD,
IF SUCH LABELS ARE DEEMED WARRANTED BY THE BUREAU AFTER CONSULTATION
WITH THE DEPARTMENT OF HEALTH.
5. ALL MARIHUANA AND MARIHUANA PRODUCT LABELS AND INSERTS SHALL
INCLUDE THE FOLLOWING INFORMATION PROMINENTLY DISPLAYED IN A CLEAR AND
LEGIBLE FASHION IN ACCORDANCE WITH THE REQUIREMENTS, INCLUDING FONT
SIZE, PRESCRIBED BY THE BUREAU OR THE DEPARTMENT OF HEALTH: NOT LESS
THAN 8 POINT FONT:
(A) MANUFACTURE DATE AND SOURCE;
(B) FOR PACKAGES CONTINUING ONLY DRIED FLOWER, THE NET WEIGHT OF MARI-
HUANA IN THE PACKAGE;
(C) IDENTIFICATION OF THE SOURCE AND DATE OF CULTIVATION, THE TYPE OF
MARIHUANA OR MARIHUANA PRODUCT AND THE DATE OF MANUFACTURING AND PACKAG-
ING;
(D) LIST OF PHARMACOLOGICALLY ACTIVE INGREDIENTS, INCLUDING, BUT NOT
LIMITED TO, TETRAHYDRICANNABINAL (THC), CANNIBIDIOL (CBP), AND OTHER
CANNABINOID CONTENT, THE THC AND OTHER CANNABINOID AMOUNT IN MILLIGRAMS
PER SERVING, SERVINGS PER PACKAGE, AND THE THC AND OTHER CANNIBINOID
AMOUNT IN MILLIGRAMS FOR THE PACKAGE TOTAL, AND THE POTENCY OF THE MARI-
HUANA OR MARIHUANA PRODUCT BY REFERENCE TO THE AMOUNT OF TETRAHYDROCAN-
NIBINOL AND CANIBIDIOL IN EACH SERVING;
(E) FOR MARIHUANA PRODUCTS, A LIST OF ALL INGREDIENTS AND DISCLOSURE
OF NUTRITIONAL INFORMATION IN THE SAME MANNER AS THE FEDERAL NUTRITIONAL
LABELING REQUIREMENTS IN 21 C.F.R. SECTION 101.9;
S. 3040--B 37
(F) A LIST OF ANY SOLVENTS, NONORGANIC PESTICIDES, HERBICIDES, AND
FERTILIZERS THAT WERE USED IN THE CULTIVATION, PRODUCTION, AND MANUFAC-
TURE OF SUCH MARIHUANA OR MARIHUANA PRODUCT;
(G) A WARNING IF NUTS OR OTHER KNOWN ALLERGENS ARE USED;
(H) INFORMATION ASSOCIATED WITH THE UNIQUE IDENTIFIER ISSUED BY THE
BUREAU OF MARIHUANA POLICY; AND
(I) ANY OTHER REQUIREMENTS SET BY THE BUREAU OF MARIHUANA POLICY.
6. ONLY GENERIC FOOD NAMES MAY BE USED TO DESCRIBE THE INGREDIENTS IN
EDIBLE MARIHUANA PRODUCTS.
7. SUCH RULES AND REGULATIONS SHALL ESTABLISH METHODS AND PROCEDURES
FOR DETERMINING SERVING SIZES FOR MARIHUANA-INFUSED PRODUCTS, ACTIVE
CANNABIS CONCENTRATION PER SERVING SIZE, AND NUMBER OF SERVINGS PER
CONTAINER. SUCH REGULATIONS SHALL ALSO REQUIRE A NUTRITIONAL FACT PANEL
THAT INCORPORATES DATA REGARDING SERVING SIZES AND POTENCY THEREOF.
8. SUCH RULES AND REGULATIONS SHALL REQUIRE INFORMATION CONTAINING THE
LICENSE NUMBER OF THE MARIHUANA PRODUCER AND PROCESSOR FACILITIES WHERE
THE MARIHUANA WAS GROWN AND PROCESSED.
9. THE PACKAGING, SALE, OR POSSESSION BY ANY LICENSEE OF ANY MARIHUANA
PRODUCT NOT LABELED OR OFFERED IN CONFORMITY WITH RULES AND REGULATIONS
PROMULGATED IN ACCORDANCE WITH THIS SECTION SHALL BE GROUNDS FOR THE
IMPOSITION OF A FINE, AND/OR THE SUSPENSION, REVOCATION OR CANCELLATION
OF THE LICENSE.
§ 181. SEED TO SALE TRACKING. 1. NO LATER THAN FIFTEEN MONTHS FOLLOW-
ING THE EFFECTIVE DATE OF THE MARIHUANA REGULATION AND TAXATION ACT, THE
BUREAU SHALL ESTABLISH A SEED TO SALE TRACKING PROGRAM FOR REPORTING THE
MOVEMENT OF MARIHUANA AND MARIHUANA PRODUCTS THROUGHOUT THE DISTRIBUTION
CHAIN THAT UTILIZES A UNIQUE IDENTIFIER AND SECURE PACKAGING AND IS
CAPABLE OF PROVIDING INFORMATION THAT CAPTURES, AT A MINIMUM, ALL OF THE
FOLLOWING:
(A) THE LICENSEE RECEIVING THE PRODUCT;
(B) THE TRANSACTION DATE; AND
(C) THE PRODUCER FROM WHICH THE PRODUCT ORIGINATES, INCLUDING THE
ASSOCIATED UNIQUE IDENTIFIER.
2. (A) THE BUREAU SHALL CREATE AN ELECTRONIC DATABASE CONTAINING THE
ELECTRONIC SHIPPING MANIFESTS TO FACILITATE THE ADMINISTRATION OF THE
SEED TO SALE PROGRAM TRACKING, WHICH SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING INFORMATION:
(B) THE QUANTITY, OR WEIGHT, AND VARIETY OF PRODUCTS SHIPPED;
(C) THE ESTIMATED TIMES OF DEPARTURE AND ARRIVAL;
(D) THE QUANTITY, OR WEIGHT, AND VARIETY OF PRODUCTS RECEIVED;
(E) THE ACTUAL TIME OF DEPARTURE AND ARRIVAL;
(F) A CATEGORIZATION OF THE PRODUCT; AND
(G) THE LICENSE NUMBER AND UNIQUE IDENTIFIER ISSUED BY THE BUREAU FOR
ALL LICENSEES INVOLVED IN THE SHIPPING PROCESS, INCLUDING, BUT NOT
LIMITED TO, PRODUCER, PROCESSOR, RETAILER, AND DELIVERY LICENSEES.
(3) THE DATABASE SHALL BE DESIGNED TO FLAG IRREGULARITIES FOR THE
BUREAU TO INVESTIGATE.
§ 182. RENEWALS OF LICENSES AND PERMITS. 1. EACH LICENSE AND PERMIT,
ISSUED PURSUANT TO THIS ARTICLE MAY BE RENEWED UPON APPLICATION THEREFOR
BY THE LICENSEE OR PERMITTEE AND THE PAYMENT OF THE ANNUAL FEE FOR SUCH
LICENSE OR PERMIT AS PRESCRIBED BY THIS ARTICLE. IN THE CASE OF APPLICA-
TIONS FOR RENEWALS, THE BUREAU MAY DISPENSE WITH THE REQUIREMENTS OF
SUCH STATEMENTS AS IT DEEMS UNNECESSARY IN VIEW OF THOSE CONTAINED IN
THE APPLICATION MADE FOR THE ORIGINAL LICENSE OR PERMIT, BUT IN ANY
EVENT THE SUBMISSION OF PHOTOGRAPHS OF THE LICENSED PREMISES SHALL BE
DISPENSED WITH, PROVIDED THE APPLICANT FOR SUCH RENEWAL SHALL FILE A
S. 3040--B 38
STATEMENT WITH SUCH BUREAU TO THE EFFECT THAT THERE HAS BEEN NO ALTER-
ATION OF SUCH PREMISES SINCE THE ORIGINAL LICENSE WAS ISSUED. THE
BUREAU MAY MAKE SUCH RULES AS MAY BE NECESSARY NOT INCONSISTENT WITH
THIS CHAPTER REGARDING APPLICATIONS FOR RENEWALS OF LICENSES AND PERMITS
AND THE TIME FOR MAKING THE SAME. EACH APPLICANT MUST SUBMIT TO THE
BUREAU DOCUMENTATION OF THE RACIAL, ETHNIC, AND GENDER DIVERSITY OF THE
APPLICANT'S EMPLOYEES AND OWNERS PRIOR TO A LICENSE OR PERMIT BEING
RENEWED.
2. THE BUREAU SHALL PROVIDE AN APPLICATION FOR RENEWAL OF A LICENSE
ISSUED UNDER THIS ARTICLE NOT LESS THAN SIXTY DAYS PRIOR TO THE EXPIRA-
TION OF THE CURRENT LICENSE.
§ 183. INFORMATION TO BE PROVIDED BY APPLICANTS. 1. THE FOLLOWING
SHALL BE THE INFORMATION REQUIRED ON AN APPLICATION FOR A LICENSE OR
PERMIT:
(A) A STATEMENT OF IDENTITY AS FOLLOWS:
(I) IF THE APPLICANT IS AN INDIVIDUAL, HIS OR HER NAME, DATE AND PLACE
OF BIRTH, CITIZENSHIP, PERMANENT HOME ADDRESS, TELEPHONE NUMBER AND
SOCIAL SECURITY NUMBER, AS WELL AS ANY OTHER NAMES BY WHICH HE OR SHE
HAS CONDUCTED A BUSINESS AT ANY TIME.
(II) IF THE APPLICANT IS A CORPORATION OR A LIMITED LIABILITY CORPO-
RATION, THE CORPORATE NAME OF THE APPLICANT, ITS PLACE OF INCORPORATION,
ITS MAIN BUSINESS ADDRESS (AND IF SUCH MAIN BUSINESS ADDRESS IS NOT
WITHIN THE STATE, THE ADDRESS OF ITS MAIN PLACE OF BUSINESS WITHIN THE
STATE), OTHER NAMES BY WHICH IT HAS BEEN KNOWN OR HAS CONDUCTED BUSINESS
AT ANY TIME, ITS TELEPHONE NUMBER, ITS FEDERAL EMPLOYER IDENTIFICATION
NUMBER, AND THE NAMES, AGES, CITIZENSHIP, AND PERMANENT HOME ADDRESSES
OF ITS DIRECTORS, OFFICERS AND ITS SHAREHOLDERS (EXCEPT THAT IF THERE BE
MORE THAN TEN SHAREHOLDERS THEN THOSE SHAREHOLDERS HOLDING TEN PERCENT
OR MORE OF ANY CLASS OF ITS SHARES).
(III) IF THE APPLICANT IS A PARTNERSHIP, ITS NAME, ITS MAIN BUSINESS
ADDRESS (AND IF SUCH MAIN BUSINESS ADDRESS IS NOT WITHIN THE STATE, THE
ADDRESS OF ITS MAIN PLACE OF BUSINESS WITHIN THE STATE), OTHER NAMES BY
WHICH IT HAS BEEN KNOWN OR HAS CONDUCTED BUSINESS AT ANY TIME, ITS TELE-
PHONE NUMBER, ITS FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND THE NAMES,
AGES, CITIZENSHIP, AND PERMANENT HOME ADDRESSES OF EACH OF ITS PARTNERS.
(B) A STATEMENT IDENTIFYING THE STREET AND NUMBER OF THE PREMISES TO
BE LICENSED, IF THE PREMISES HAS A STREET AND NUMBER, AND OTHERWISE SUCH
DESCRIPTION AS WILL REASONABLY INDICATE THE LOCALITY THEREOF; PHOTO-
GRAPHS, DRAWINGS OR OTHER ITEMS RELATED TO THE APPEARANCE OF THE INTERI-
OR OR EXTERIOR OF SUCH PREMISES, AND A FLOOR PLAN OF THE INTERIOR, SHALL
BE REQUIRED. THE APPLICANT SHALL ALSO STATE THE NATURE OF HIS OR HER
INTEREST IN THE PREMISES; AND THE NAME OF ANY OTHER PERSON INTERESTED AS
A PARTNER, JOINT VENTURER, INVESTOR OR LENDER WITH THE APPLICANT EITHER
IN THE PREMISES OR IN THE BUSINESS TO BE LICENSED.
(C) A DESCRIPTION OF ANY OTHER MARIHUANA LICENSE OR PERMIT UNDER THIS
ARTICLE, WITHIN THE PAST TEN YEARS, THE APPLICANT (INCLUDING ANY OFFI-
CERS, DIRECTORS, SHAREHOLDERS OR PARTNERS LISTED IN THE STATEMENT OF
IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION OR THE SPOUSE OF ANY
SUCH PERSON) OR THE APPLICANT'S SPOUSE HELD OR APPLIED FOR.
(D) A DESCRIPTION OF THE APPLICANT'S PLAN TO ENSURE DIVERSITY AMONG
THE APPLICANT'S EMPLOYEES, INCLUDING STRATEGIES FOR ENSURING:
(I) GENDER DIVERSITY;
(II) RACIAL AND ETHNIC DIVERSITY THAT REFLECTS THE DEMOGRAPHICS WITHIN
THE MUNICIPALITY IN WHICH THE APPLICANT'S PROPOSED BUSINESS WILL BE
LOCATED; AND
S. 3040--B 39
(III) THAT PERSONS WITH PRIOR CRIMINAL CONVICTIONS ARE NOT BARRED FROM
EMPLOYMENT.
(E) A STATEMENT THAT THE LOCATION AND LAYOUT OF THE PREMISES TO BE
LICENSED DOES NOT VIOLATE ANY REQUIREMENT OF THIS CHAPTER RELATING TO
LOCATION AND LAYOUT OF LICENSED PREMISES, WITH A COPY OF THE CERTIFICATE
OF OCCUPANCY FOR THE PREMISES.
(F) A STATEMENT THAT THE APPLICANT HAS CONTROL OF THE PREMISES TO BE
LICENSED BY OWNERSHIP OF A FEE INTEREST OR VIA A LEASEHOLD, MANAGEMENT
AGREEMENT, OR OTHER AGREEMENT GIVING THE APPLICANT CONTROL OVER THE
PREMISES, WITH A TERM AT LEAST AS LONG AS THE LICENSE FOR WHICH THE
APPLICATION IS BEING MADE, OR BY A BINDING CONTRACT TO ACQUIRE THE SAME
AND A STATEMENT OF IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION FOR
THE LESSOR OF ANY LEASEHOLD, MANAGER OF ANY MANAGEMENT AGREEMENT, OR
OTHER AGREEMENT GIVING THE APPLICANT CONTROL OVER THE PREMISES, WITH A
COPY OF THE LEASE, CONTRACT, MANAGEMENT AGREEMENT, OR OTHER AGREEMENT
GIVING THE APPLICANT CONTROL OVER THE FOOD AND BEVERAGE AT THE PREMISES,
OR DEED EVIDENCING FEE OWNERSHIP OF THE PREMISES.
(G) A FINANCIAL STATEMENT ADEQUATE TO SHOW ALL PERSONS WHO, DIRECTLY
OR INDIRECTLY HAVE AN ECONOMIC INTEREST IN THE ESTABLISHMENT OR ACQUISI-
TION OF THE BUSINESS FOR WHICH THE LICENSE OR PERMIT APPLICATION IS
BEING MADE, TO IDENTIFY THE SOURCES OF FUNDS TO BE APPLIED IN SUCH
ESTABLISHMENT OR ACQUISITION, AND TO DESCRIBE THE TERMS AND CONDITIONS
GOVERNING SUCH ESTABLISHMENT WITH COPIES OF SUCH FINANCIAL DOCUMENTS AS
THE BUREAU MAY REASONABLY REQUIRE.
(H) THE FINGERPRINTS OF THE APPLICANTS. FINGERPRINTS SUBMITTED BY THE
APPLICANTS SHALL BE TRANSMITTED TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND MAY BE SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION FOR
STATE AND NATIONAL CRIMINAL HISTORY RECORD CHECKS.
2. ALL LICENSE OR PERMIT APPLICATIONS SHALL BE SIGNED BY THE APPLICANT
(IF AN INDIVIDUAL), BY A MANAGING PARTNER (IF A LIMITED LIABILITY CORPO-
RATION), BY AN OFFICER (IF A CORPORATION), OR BY ALL PARTNERS (IF A
PARTNERSHIP). EACH PERSON SIGNING SUCH APPLICATION SHALL VERIFY IT OR
AFFIRM IT AS TRUE UNDER THE PENALTIES OF PERJURY.
3. ALL LICENSE OR PERMIT APPLICATIONS SHALL BE ACCOMPANIED BY A CHECK,
DRAFT OR OTHER FORMS OF PAYMENT AS THE BUREAU MAY REQUIRE OR AUTHORIZE
IN THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE OR PERMIT.
4. IF THERE BE ANY CHANGE, AFTER THE FILING OF THE APPLICATION OR THE
GRANTING OF A LICENSE, IN ANY OF THE FACTS REQUIRED TO BE SET FORTH IN
SUCH APPLICATION, A SUPPLEMENTAL STATEMENT GIVING NOTICE OF SUCH CHANGE,
COST AND SOURCE OF MONEY INVOLVED IN THE CHANGE, DULY VERIFIED, SHALL BE
FILED WITH THE BUREAU WITHIN TEN DAYS AFTER SUCH CHANGE. FAILURE TO DO
SO SHALL, IF WILLFUL AND DELIBERATE, BE CAUSE FOR REVOCATION OF THE
LICENSE.
5. IN GIVING ANY NOTICE, OR TAKING ANY ACTION IN REFERENCE TO A LICEN-
SEE OF A LICENSED PREMISES, THE BUREAU MAY RELY UPON THE INFORMATION
FURNISHED IN SUCH APPLICATION AND IN ANY SUPPLEMENTAL STATEMENT
CONNECTED THEREWITH, AND SUCH INFORMATION MAY BE PRESUMED TO BE CORRECT,
AND SHALL BE BINDING UPON A LICENSEE OR LICENSED PREMISES AS IF CORRECT.
ALL INFORMATION REQUIRED TO BE FURNISHED IN SUCH APPLICATION OR SUPPLE-
MENTAL STATEMENTS SHALL BE DEEMED MATERIAL IN ANY PROSECUTION FOR PERJU-
RY, ANY PROCEEDING TO REVOKE, CANCEL OR SUSPEND ANY LICENSE, AND IN THE
BUREAU'S DETERMINATION TO APPROVE OR DENY THE LICENSE.
6. THE BUREAU MAY IN ITS DISCRETION WAIVE THE SUBMISSION OF ANY CATE-
GORY OF INFORMATION DESCRIBED IN THIS SECTION FOR ANY CATEGORY OF
LICENSE OR PERMIT, PROVIDED THAT IT SHALL NOT BE PERMITTED TO WAIVE THE
S. 3040--B 40
REQUIREMENT FOR SUBMISSION OF ANY SUCH CATEGORY OF INFORMATION SOLELY
FOR AN INDIVIDUAL APPLICANT OR APPLICANTS.
§ 184. NOTIFICATION TO MUNICIPALITIES. 1. NOT LESS THAN THIRTY DAYS
BEFORE FILING ANY OF THE FOLLOWING APPLICATIONS, AN APPLICANT SHALL
NOTIFY THE MUNICIPALITY IN WHICH THE PREMISES IS LOCATED OF SUCH APPLI-
CANT'S INTENT TO FILE SUCH AN APPLICATION FOR A:
(A) MARIHUANA PRODUCER LICENSE;
(B) MARIHUANA PROCESSOR LICENSE;
(C) MARIHUANA MICROBUSINESS LICENSE;
(D) MARIHUANA RETAILER LICENSE;
(E) MARIHUANA RETAILER LICENSE FOR ON-SITE CONSUMPTION;
(F) MARIHUANA DELIVERY LICENSE;
(G) MARIHUANA TESTING LICENSE; AND/OR
(H) ANY OTHER TYPE OF LICENSES ALLOWED BY THE BUREAU.
2. SUCH NOTIFICATION SHALL BE MADE TO THE CLERK OF THE VILLAGE, TOWN
OR CITY, AS THE CASE MAY BE, WHEREIN THE PREMISES IS LOCATED. FOR
PURPOSES OF THIS SECTION:
(A) NOTIFICATION NEED ONLY BE GIVEN TO THE CLERK OF A VILLAGE WHEN THE
PREMISES IS LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE; AND
(B) IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSUANT
TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH JURIS-
DICTION OVER THE AREA IN WHICH THE PREMISES IS LOCATED SHALL BE CONSID-
ERED THE APPROPRIATE PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.
3. FOR PURPOSES OF THIS SECTION, "SUBSTANTIAL CORPORATE CHANGE" SHALL
MEAN:
(A) FOR A CORPORATION, A CHANGE OF EIGHTY PERCENT OR MORE OF THE OFFI-
CERS AND/OR DIRECTORS, OR A TRANSFER OF EIGHTY PERCENT OR MORE OF STOCK
OF SUCH CORPORATION, OR AN EXISTING STOCKHOLDER OBTAINING EIGHTY PERCENT
OR MORE OF THE STOCK OF SUCH CORPORATION; AND
(B) FOR A LIMITED LIABILITY COMPANY, A CHANGE OF EIGHTY PERCENT OR
MORE OF THE MANAGING MEMBERS OF THE COMPANY, OR A TRANSFER OF EIGHTY
PERCENT OR MORE OF OWNERSHIP INTEREST IN SAID COMPANY, OR AN EXISTING
MEMBER OBTAINING A CUMULATIVE OF EIGHTY PERCENT OR MORE OF THE OWNERSHIP
INTEREST IN SAID COMPANY.
4. SUCH NOTIFICATION SHALL BE MADE IN SUCH FORM AS SHALL BE PRESCRIBED
BY THE RULES OF THE BUREAU.
5. A MUNICIPALITY MAY EXPRESS AN OPINION FOR OR AGAINST THE GRANTING
OF SUCH APPLICATION. ANY SUCH OPINION SHALL BE DEEMED PART OF THE RECORD
UPON WHICH THE BUREAU MAKES ITS DETERMINATION TO GRANT OR DENY THE
APPLICATION.
6. SUCH NOTIFICATION SHALL BE MADE BY: CERTIFIED MAIL, RETURN RECEIPT
REQUESTED; OVERNIGHT DELIVERY SERVICE WITH PROOF OF MAILING; OR PERSONAL
SERVICE UPON THE OFFICES OF THE CLERK OR COMMUNITY BOARD.
7. THE BUREAU SHALL REQUIRE SUCH NOTIFICATION TO BE ON A STANDARDIZED
FORM THAT CAN BE OBTAINED ON THE INTERNET OR FROM THE BUREAU AND SUCH
NOTIFICATION TO INCLUDE:
(A) THE TRADE NAME OR "DOING BUSINESS AS" NAME, IF ANY, OF THE ESTAB-
LISHMENT;
(B) THE FULL NAME OF THE APPLICANT;
(C) THE STREET ADDRESS OF THE ESTABLISHMENT, INCLUDING THE FLOOR
LOCATION OR ROOM NUMBER, IF APPLICABLE;
(D) THE MAILING ADDRESS OF THE ESTABLISHMENT, IF DIFFERENT THAN THE
STREET ADDRESS;
(E) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE ATTORNEY OR REPRE-
SENTATIVE OF THE APPLICANT, IF ANY;
(F) A STATEMENT INDICATING WHETHER THE APPLICATION IS FOR:
S. 3040--B 41
(I) A NEW ESTABLISHMENT;
(II) A TRANSFER OF AN EXISTING LICENSED BUSINESS;
(III) A RENEWAL OF AN EXISTING LICENSE; OR
(IV) AN ALTERATION OF AN EXISTING LICENSED PREMISES;
(G) IF THE ESTABLISHMENT IS A TRANSFER OR PREVIOUSLY LICENSED PREM-
ISES, THE NAME OF THE OLD ESTABLISHMENT AND SUCH ESTABLISHMENT'S LICENSE
SERIAL NUMBER;
(H) IN THE CASE OF A RENEWAL OR ALTERATION APPLICATION, THE LICENSE
SERIAL NUMBER OF THE APPLICANT; AND
(I) THE TYPE OF LICENSE.
§ 185. LICENSES, PUBLICATION, GENERAL PROVISIONS. 1. THE VARIOUS TYPES
OF LICENSES ISSUED PURSUANT TO THIS ARTICLE SHALL BE DISTINCTIVE IN
COLOR AND DESIGN SO AS TO BE READILY DISTINGUISHABLE FROM EACH OTHER.
2. NO LICENSE SHALL BE TRANSFERABLE OR ASSIGNABLE EXCEPT THAT NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, THE LICENSE OF A SOLE PROPRIETOR
CONVERTING TO CORPORATE FORM, WHERE SUCH PROPRIETOR BECOMES THE SOLE
STOCKHOLDER AND ONLY OFFICER AND DIRECTOR OF SUCH NEW CORPORATION, MAY
BE TRANSFERRED TO THE SUBJECT CORPORATION IF ALL REQUIREMENTS OF THIS
CHAPTER REMAIN THE SAME WITH RESPECT TO SUCH LICENSE AS TRANSFERRED AND,
FURTHER, THE LICENSEE SHALL TRANSMIT TO THE BUREAU, WITHIN TEN DAYS OF
THE TRANSFER OF LICENSE ALLOWABLE UNDER THIS SUBDIVISION, ON A FORM
PRESCRIBED BY THE BUREAU, NOTIFICATION OF THE TRANSFER OF SUCH LICENSE.
3. NO LICENSE SHALL BE PLEDGED OR DEPOSITED AS COLLATERAL SECURITY FOR
ANY LOAN OR UPON ANY OTHER CONDITION; AND ANY SUCH PLEDGE OR DEPOSIT,
AND ANY CONTRACT PROVIDING THEREFOR, SHALL BE VOID.
4. LICENSES ISSUED UNDER THIS ARTICLE SHALL CONTAIN, IN ADDITION TO
ANY FURTHER INFORMATION OR MATERIAL TO BE PRESCRIBED BY THE RULES OF THE
BUREAU, THE FOLLOWING INFORMATION: (A) NAME OF PERSON TO WHOM LICENSE IS
ISSUED; (B) KIND OF LICENSE AND WHAT KIND OF TRAFFIC IN MARIHUANA IS
THEREBY PERMITTED; (C) DESCRIPTION BY STREET AND NUMBER, OR OTHERWISE,
OF LICENSED PREMISES; AND (D) A STATEMENT IN SUBSTANCE THAT SUCH LICENSE
SHALL NOT BE DEEMED A PROPERTY OR VESTED RIGHT, AND THAT IT MAY BE
REVOKED AT ANY TIME PURSUANT TO LAW.
5. THERE SHALL BE PRINTED AND FURNISHED BY THE BUREAU TO EACH LICENSEE
A STATEMENT OF THE CAUSES FOR WHICH LICENSES MAY BE REVOKED. SUCH STATE-
MENT SHALL BE PREPARED BY THE BUREAU AND DELIVERED TO THE LICENSEE WITH
HIS OR HER LICENSE OR AS SOON THEREAFTER AS MAY BE PRACTICABLE. ANY
AMENDMENTS THERETO SHALL ALSO BE SENT BY THE BUREAU TO ALL LICENSEES AS
SOON AS MAY BE PRACTICABLE AFTER SUCH AMENDMENTS. FAILURE TO SEND SUCH
STATEMENTS OR CHANGES THEREIN, OR FAILURE TO RECEIVE THE SAME, OR ANY
MISSTATEMENT OR ERROR CONTAINED IN SUCH STATEMENTS OR AMENDMENTS SHALL,
HOWEVER, NOT BE AN EXCUSE OR JUSTIFICATION FOR ANY VIOLATION OF LAW, OR
PREVENT, OR REMIT, OR DECREASE ANY PENALTY OR FORFEITURE THEREFOR.
6. BEFORE COMMENCING OR DOING ANY BUSINESS FOR THE TIME FOR WHICH A
LICENSE HAS BEEN ISSUED SAID LICENSE SHALL BE ENCLOSED IN A SUITABLE
WOOD OR METAL FRAME HAVING A CLEAR GLASS SPACE AND A SUBSTANTIAL WOOD OR
METAL BACK SO THAT THE WHOLE OF SAID LICENSE MAY BE SEEN THEREIN, AND
SHALL BE POSTED UP AND AT ALL TIMES DISPLAYED IN A CONSPICUOUS PLACE IN
THE ROOM WHERE SUCH BUSINESS IS CARRIED ON, SO THAT ALL PERSONS VISITING
SUCH PLACE MAY READILY SEE THE SAME. IT SHALL BE UNLAWFUL FOR ANY PERSON
HOLDING A LICENSE TO POST SUCH LICENSE OR TO PERMIT SUCH LICENSE TO BE
POSTED UPON PREMISES OTHER THAN THE PREMISES LICENSED, OR UPON PREMISES
WHERE TRAFFIC IN MARIHUANA IS BEING CARRIED ON BY ANY PERSON OTHER THAN
THE LICENSEE, OR KNOWINGLY TO DEFACE, DESTROY OR ALTER ANY SUCH LICENSE
IN ANY RESPECT. WHENEVER A LICENSE SHALL BE LOST OR DESTROYED WITHOUT
FAULT ON THE PART OF THE LICENSEE OR HIS OR HER AGENTS OR EMPLOYEES, A
S. 3040--B 42
DUPLICATE LICENSE IN LIEU THEREOF MAY BE ISSUED BY THE BUREAU IN ITS
DISCRETION AND IN ACCORDANCE WITH SUCH RULES AND REGULATIONS AND THE
PAYMENT OF SUCH FEES, NOT EXCEEDING FIVE DOLLARS, AS IT MAY PRESCRIBE.
§ 186. REVOCATION OF LICENSES FOR CAUSE. 1. ANY LICENSE OR PERMIT
ISSUED PURSUANT TO THIS ARTICLE MAY BE REVOKED, CANCELLED, SUSPENDED
AND/OR SUBJECTED TO THE IMPOSITION OF A CIVIL PENALTY FOR CAUSE, AND
MUST BE REVOKED FOR THE FOLLOWING CAUSES:
(A) CONVICTION OF THE LICENSEE, PERMITTEE OR HIS OR HER AGENT OR
EMPLOYEE FOR SELLING ANY ILLEGAL MARIHUANA OR MARIHUANA PRODUCTS ON THE
PREMISES LICENSED.
(B) FOR TRANSFERRING, ASSIGNING OR HYPOTHECATING A LICENSE OR PERMIT.
2. NOTWITHSTANDING THE ISSUANCE OF A LICENSE OR PERMIT BY WAY OF
RENEWAL, THE BUREAU MAY REVOKE, CANCEL OR SUSPEND SUCH LICENSE OR PERMIT
AND/OR MAY IMPOSE A CIVIL PENALTY AGAINST ANY HOLDER OF SUCH LICENSE OR
PERMIT, AS PRESCRIBED BY THIS SECTION AND SECTION ONE HUNDRED NINETEEN
OF THIS CHAPTER, FOR CAUSES OR VIOLATIONS OCCURRING DURING THE LICENSE
PERIOD IMMEDIATELY PRECEDING THE ISSUANCE OF SUCH LICENSE OR PERMIT, AND
MAY RECOVER, AS PROVIDED IN SECTION ONE HUNDRED TWELVE OF THIS CHAPTER,
THE PENAL SUM OF THE BOND ON FILE DURING SAID PERIOD.
3. AS USED IN THIS SECTION, THE TERM "FOR CAUSE" SHALL ALSO INCLUDE
THE EXISTENCE OF A SUSTAINED AND CONTINUING PATTERN OF NOISE, DISTURB-
ANCE, MISCONDUCT, OR DISORDER ON OR ABOUT THE LICENSED PREMISES, RELATED
TO THE OPERATION OF THE PREMISES OR THE CONDUCT OF ITS PATRONS, WHICH
ADVERSELY AFFECTS THE HEALTH, WELFARE OR SAFETY OF THE INHABITANTS OF
THE AREA IN WHICH SUCH LICENSED PREMISES ARE LOCATED.
4. THE EXISTENCE OF A SUSTAINED AND CONTINUING PATTERN OF NOISE,
DISTURBANCE, MISCONDUCT, OR DISORDER ON OR ABOUT THE LICENSED PREMISES,
RELATED TO THE OPERATION OF THE PREMISES OR THE CONDUCT OF ITS PATRONS,
WILL BE PRESUMED UPON THE SIXTH INCIDENT REPORTED TO THE BUREAU BY A LAW
ENFORCEMENT AGENCY OF NOISE OR DISTURBANCE OR MISCONDUCT OR DISORDER ON
OR ABOUT THE LICENSED PREMISES OR RELATED TO THE OPERATION OF THE PREM-
ISES OR THE CONDUCT OF ITS PATRONS, IN ANY SIXTY DAY PERIOD, ABSENT
CLEAR AND CONVINCING EVIDENCE OF EITHER FRAUDULENT INTENT ON THE PART OF
ANY COMPLAINANT OR A FACTUAL ERROR WITH RESPECT TO THE CONTENT OF ANY
REPORT CONCERNING SUCH COMPLAINT RELIED UPON BY THE BUREAU.
§ 187. PROCEDURE FOR REVOCATION OR CANCELLATION. 1. ANY LICENSE OR
PERMIT ISSUED BY THE BUREAU PURSUANT TO THIS ARTICLE MAY BE REVOKED,
CANCELLED OR SUSPENDED AND/OR BE SUBJECTED TO THE IMPOSITION OF A MONE-
TARY PENALTY IN THE MANNER PRESCRIBED BY THIS SECTION.
2. THE BUREAU MAY ON ITS OWN INITIATIVE OR ON COMPLAINT OF ANY PERSON
INSTITUTE PROCEEDINGS TO REVOKE, CANCEL OR SUSPEND ANY RETAIL LICENSE
AND MAY IMPOSE A CIVIL PENALTY AGAINST THE LICENSEE AFTER A HEARING AT
WHICH THE LICENSEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH HEAR-
ING SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE
PRESCRIBED BY THE RULES OF THE BUREAU.
3. ALL OTHER LICENSES OR PERMITS ISSUED UNDER THIS ARTICLE MAY BE
REVOKED, CANCELLED, SUSPENDED AND/OR MADE SUBJECT TO THE IMPOSITION OF A
CIVIL PENALTY BY THE BUREAU AFTER A HEARING TO BE HELD IN THE MANNER TO
BE DETERMINED BY THE RULES OF THE BUREAU.
4. (A) THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY IN ALL CASES OF
LICENSEE OR PERMITTEE FAILURE AFTER RECEIVING APPROPRIATE NOTICE, TO
COMPLY WITH A SUMMONS, SUBPOENA OR WARRANT RELATING TO A PATERNITY OR
CHILD SUPPORT PROCEEDING AND ARREARS IN PAYMENT OF CHILD SUPPORT OR
COMBINED CHILD AND SPOUSAL SUPPORT REFERRED TO THE BUREAU BY A COURT
PURSUANT TO THE REQUIREMENTS OF SECTION TWO HUNDRED FORTY-FOUR-C OF THE
S. 3040--B 43
DOMESTIC RELATIONS LAW OR PURSUANT TO SECTION FOUR HUNDRED FIFTY-EIGHT-B
OR FIVE HUNDRED FORTY-EIGHT-B OF THE FAMILY COURT ACT.
(B) UPON RECEIPT OF AN ORDER FROM THE COURT BASED ON ARREARS IN
PAYMENT OF CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT PURSUANT
TO ONE OF THE FOREGOING PROVISIONS OF LAW, THE BUREAU, IF IT FINDS SUCH
PERSON TO HAVE BEEN ISSUED A LICENSE OR PERMIT, SHALL WITHIN THIRTY DAYS
OF RECEIPT OF SUCH ORDER FROM THE COURT, PROVIDE NOTICE TO THE LICENSEE
OR PERMITTEE OF, AND INITIATE, A HEARING WHICH SHALL BE HELD AT LEAST
TWENTY DAYS AND NO MORE THAN THIRTY DAYS AFTER THE SENDING OF SUCH
NOTICE TO THE LICENSEE OR PERMITTEE. THE HEARING SHALL BE SOLELY HELD
FOR THE PURPOSE OF DETERMINING WHETHER THERE EXISTS AS OF THE DATE OF
THE HEARING PROOF THAT FULL PAYMENT OF ALL ARREARS OF SUPPORT ESTAB-
LISHED BY THE ORDER OF THE COURT TO BE DUE FROM THE LICENSEE OR PERMIT-
TEE HAVE BEEN PAID. PROOF OF SUCH PAYMENT SHALL BE A CERTIFIED CHECK
SHOWING FULL PAYMENT OF ESTABLISHED ARREARS OR A NOTICE ISSUED BY THE
COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE ORDER IS PAYABLE TO THE
SUPPORT COLLECTION UNIT DESIGNATED BY THE APPROPRIATE SOCIAL SERVICES
DISTRICT. SUCH NOTICE SHALL STATE THAT FULL PAYMENT OF ALL ARREARS OF
SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE HAVE BEEN PAID.
THE LICENSEE OR PERMITTEE SHALL BE GIVEN FULL OPPORTUNITY TO PRESENT
SUCH PROOF OF PAYMENT AT THE HEARING IN PERSON OR BY COUNSEL. THE ONLY
ISSUE TO BE DETERMINED BY THE BUREAU AS A RESULT OF THE HEARING IS
WHETHER THE ARREARS HAVE BEEN PAID. NO EVIDENCE WITH RESPECT TO THE
APPROPRIATENESS OF THE COURT ORDER OR ABILITY OF THE RESPONDENT PARTY IN
ARREARS TO COMPLY WITH SUCH ORDER SHALL BE RECEIVED OR CONSIDERED BY THE
BUREAU.
(C) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH LICENSE OR PERMIT SHALL
BE SUSPENDED IF AT THE HEARING, PROVIDED FOR BY PARAGRAPH (B) OF THIS
SUBDIVISION, THE LICENSEE OR PERMITTEE FAILS TO PRESENT PROOF OF PAYMENT
AS REQUIRED BY SUCH PARAGRAPH. SUCH SUSPENSION SHALL NOT BE LIFTED
UNLESS THE COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE COURT ORDER
IS PAYABLE TO THE SUPPORT COLLECTION UNIT DESIGNATED BY THE APPROPRIATE
SOCIAL SERVICES DISTRICT, ISSUES NOTICE TO THE BUREAU THAT FULL PAYMENT
OF ALL ARREARS OF SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE
DUE HAVE BEEN PAID.
(D) UPON RECEIPT OF AN ORDER FROM THE COURT BASED ON FAILURE TO COMPLY
WITH A SUMMONS, SUBPOENA, OR WARRANT RELATING TO A PATERNITY OR CHILD
SUPPORT PROCEEDING, THE BUREAU, IF IT FINDS SUCH PERSON HAS BEEN ISSUED
A LICENSE OR PERMIT, SHALL WITHIN THIRTY DAYS OF RECEIPT OF SUCH ORDER
FROM THE COURT, PROVIDE NOTICE TO THE LICENSEE OR PERMITTEE THAT HIS OR
HER LICENSE SHALL BE SUSPENDED IN SIXTY DAYS UNLESS THE CONDITIONS IN
PARAGRAPH (E) OF THIS SUBDIVISION ARE MET.
(E) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH LICENSE OR PERMIT SHALL
BE SUSPENDED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (C) OF THIS
SUBDIVISION UNLESS THE COURT TERMINATES ITS ORDER TO COMMENCE SUSPENSION
PROCEEDINGS. SUCH SUSPENSION SHALL NOT BE LIFTED UNLESS THE COURT ISSUES
AN ORDER TO THE BUREAU TERMINATING ITS ORDER TO COMMENCE SUSPENSION
PROCEEDINGS.
(F) THE BUREAU SHALL INFORM THE COURT OF ALL ACTIONS TAKEN HEREUNDER
AS REQUIRED BY LAW.
(G) THIS SUBDIVISION APPLIES TO SUPPORT OBLIGATIONS PAID PURSUANT TO
ANY ORDER OF CHILD SUPPORT OR CHILD AND SPOUSAL SUPPORT ISSUED UNDER
PROVISIONS OF SECTION TWO HUNDRED THIRTY-SIX OR TWO HUNDRED FORTY OF THE
S. 3040--B 44
DOMESTIC RELATIONS LAW, OR ARTICLE FOUR, FIVE OR FIVE-A OF THE FAMILY
COURT ACT.
(H) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE PROVISIONS OF THIS
SUBDIVISION SHALL APPLY TO THE EXCLUSION OF ANY OTHER REQUIREMENTS OF
THIS ARTICLE AND TO THE EXCLUSION OF ANY OTHER REQUIREMENT OF LAW TO THE
CONTRARY.
5. WHERE A LICENSEE IS CONVICTED OF TWO OR MORE QUALIFYING OFFENSES
WITHIN A FIVE YEAR PERIOD, THE BUREAU, UPON RECEIPT OF NOTIFICATION OF
SUCH SECOND OR SUBSEQUENT CONVICTION PURSUANT TO THE PROVISIONS OF
SUBDIVISION TWO OF SECTION ONE HUNDRED SIX-A OF THIS CHAPTER, SHALL, IN
ADDITION TO ANY OTHER SANCTION OR CIVIL OR CRIMINAL PENALTY IMPOSED
PURSUANT TO THIS CHAPTER, IMPOSE ON SUCH LICENSEE A CIVIL PENALTY NOT TO
EXCEED FIVE HUNDRED DOLLARS. FOR PURPOSES OF THIS SUBDIVISION, A QUALI-
FYING OFFENSE SHALL MEAN: (A) THE OFFENSE DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-FIVE OF THIS CHAPTER; OR (B) THE OFFENSE DEFINED IN PARA-
GRAPH (B) OF SUBDIVISION ONE OF SECTION SIXTY-FIVE-B OF THIS CHAPTER.
FOR PURPOSES OF THIS SUBDIVISION, A CONVICTION OF A LICENSEE OR AN
EMPLOYEE OR AGENT OF SUCH LICENSEE SHALL CONSTITUTE A CONVICTION OF SUCH
LICENSEE.
§ 188. DECISIONS OF THE BUREAU OF MARIHUANA POLICY AND REVIEW BY THE
COURTS. PROVISIONS OF SECTIONS ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-
ONE AND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER SHALL APPLY TO MARIHUANA
LICENSES ISSUED UNDER THIS ARTICLE.
§ 189. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES. THE BUREAU
SHALL:
1. ACTIVELY PROMOTE RACIAL, ETHNIC, AND GEOGRAPHIC DIVERSITY WHEN
LICENSING MARIHUANA GROWERS, PROCESSORS, AND RETAILERS;
2. ENCOURAGE APPLICANTS WHO QUALIFY AS A MINORITY OR WOMEN-OWNED BUSI-
NESS ENTERPRISE, AS DEFINED IN SECTION THREE HUNDRED TEN OF THE EXECU-
TIVE LAW, TO APPLY FOR LICENSES;
3. IN ACCORDANCE WITH THE OFFICIAL COMPILATION OF CODES, RULES AND
REGULATIONS OF THE STATE OF NEW YORK TITLE 5, DEPARTMENT OF ECONOMIC
DEVELOPMENT, CHAPTER XIV, DIVISION OF MINORITY AND WOMEN'S BUSINESS
DEVELOPMENT, PART 141, SUBMIT AN ANNUAL MASTER GOAL PLAN TO PROMOTE THE
INCLUSION OF: (A) MINORITY-OWNED BUSINESS ENTERPRISES; (B) WOMEN-OWNED
BUSINESS ENTERPRISES; AND (C) MINORITY AND WOMEN-OWNED BUSINESS ENTER-
PRISES WITH JUSTIFICATIONS FOR SUCH GOALS; AND
4. ACTIVELY PROMOTE AND ENCOURAGE APPLICANTS THAT PROMOTE AND ENSURE
RACIAL, ETHNIC, AND GENDER DIVERSITY IN THEIR WORKFORCE WHEN LICENSING
MARIHUANA GROWERS, PROCESSORS, AND RETAILERS.
§ 190. DISPOSITION OF MONEYS RECEIVED FOR LICENSE FEES. THE BUREAU
SHALL ESTABLISH A SCALE OF APPLICATION, LICENSING, AND RENEWAL FEES,
BASED UPON THE COST OF ENFORCING THIS ARTICLE AND THE SIZE OF THE MARI-
HUANA BUSINESS BEING LICENSED, AS FOLLOWS:
1. EACH LICENSING AUTHORITY SHALL CHARGE EACH LICENSEE A LICENSURE AND
RENEWAL FEE, AS APPLICABLE. THE LICENSURE AND RENEWAL FEE SHALL BE
CALCULATED TO COVER THE COSTS OF ADMINISTERING THIS ARTICLE. THE LICEN-
SURE FEE MAY VARY DEPENDING UPON THE VARYING COSTS ASSOCIATED WITH
ADMINISTERING THE VARIOUS REGULATORY REQUIREMENTS OF THIS ARTICLE AS
THEY RELATE TO THE NATURE AND SCOPE OF THE DIFFERENT LICENSURE ACTIV-
ITIES, BUT SHALL NOT EXCEED THE REASONABLE REGULATORY COSTS TO THE
LICENSING AUTHORITY.
2. THE TOTAL FEES ASSESSED PURSUANT TO THIS ARTICLE SHALL BE SET AT AN
AMOUNT THAT WILL FAIRLY AND PROPORTIONATELY GENERATE SUFFICIENT TOTAL
REVENUE TO FULLY COVER THE TOTAL COSTS OF ADMINISTERING THIS ARTICLE.
S. 3040--B 45
3. ALL LICENSE FEES SHALL BE SET ON A SCALED BASIS BY THE BUREAU,
DEPENDENT ON THE SIZE OF THE BUSINESS.
4. THE BUREAU SHALL DEPOSIT ALL FEES COLLECTED IN THE NEW YORK STATE
MARIHUANA REVENUE FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-BB OF
THE STATE FINANCE LAW.
§ 191. PERSONS FORBIDDEN TO TRAFFIC IN MARIHUANA. 1. THE FOLLOWING
PERSONS ARE FORBIDDEN TO TRAFFIC IN MARIHUANA:
(A) A PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
(B) A PERSON WHO IS NOT A CITIZEN OF THE UNITED STATES OR AN ALIEN
LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES.
(C) A CO-PARTNERSHIP OR A CORPORATION, UNLESS EACH MEMBER OF THE PART-
NERSHIP, OR EACH OF THE PRINCIPAL OFFICERS AND DIRECTORS OF THE CORPO-
RATION, IS A CITIZEN OF THE UNITED STATES OR AN ALIEN LAWFULLY ADMITTED
FOR PERMANENT RESIDENCE IN THE UNITED STATES, NOT LESS THAN TWENTY-ONE
YEARS OF AGE, AND HAS NOT BEEN CONVICTED OF ANY FELONY OR ANY OF THE
MISDEMEANORS, SPECIFIED IN SECTION 230.20 OR 230.40 OF THE PENAL LAW, OR
IF SO CONVICTED HAS RECEIVED, SUBSEQUENT TO SUCH CONVICTION, AN EXECU-
TIVE PARDON THEREFOR REMOVING THIS DISABILITY A CERTIFICATE OF GOOD
CONDUCT GRANTED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION, OR A CERTIFICATE OF RELIEF FROM DISABILITIES GRANTED BY THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR A COURT OF THIS
STATE PURSUANT TO THE PROVISIONS OF ARTICLE TWENTY-THREE OF THE
CORRECTION LAW TO REMOVE THE DISABILITY UNDER THIS SECTION BECAUSE OF
SUCH CONVICTION; PROVIDED HOWEVER THAT A CORPORATION WHICH OTHERWISE
CONFORMS TO THE REQUIREMENTS OF THIS SECTION AND ARTICLE MAY BE LICENSED
IF EACH OF ITS PRINCIPAL OFFICERS AND MORE THAN ONE-HALF OF ITS DIREC-
TORS ARE CITIZENS OF THE UNITED STATES OR ALIENS LAWFULLY ADMITTED FOR
PERMANENT RESIDENCE IN THE UNITED STATES; AND PROVIDED FURTHER THAT A
CORPORATION ORGANIZED UNDER THE NOT-FOR-PROFIT CORPORATION LAW OR THE
EDUCATION LAW WHICH OTHERWISE CONFORMS TO THE REQUIREMENTS OF THIS
SECTION AND ARTICLE MAY BE LICENSED IF EACH OF ITS PRINCIPAL OFFICERS
AND MORE THAN ONE-HALF OF ITS DIRECTORS ARE NOT LESS THAN TWENTY-ONE
YEARS OF AGE AND NONE OF ITS DIRECTORS ARE LESS THAN EIGHTEEN YEARS OF
AGE; AND PROVIDED FURTHER THAT A CORPORATION ORGANIZED UNDER THE NOT-
FOR-PROFIT CORPORATION LAW OR THE EDUCATION LAW AND LOCATED ON THE PREM-
ISES OF A COLLEGE AS DEFINED BY SECTION TWO OF THE EDUCATION LAW WHICH
OTHERWISE CONFORMS TO THE REQUIREMENTS OF THIS SECTION AND ARTICLE MAY
BE LICENSED IF EACH OF ITS PRINCIPAL OFFICERS AND EACH OF ITS DIRECTORS
ARE NOT LESS THAN EIGHTEEN YEARS OF AGE.
(D) (I) A PERSON WHO SHALL HAVE HAD ANY LICENSE ISSUED UNDER THIS
CHAPTER REVOKED FOR CAUSE, UNTIL THE EXPIRATION OF TWO YEARS FROM THE
DATE OF SUCH REVOCATION.
(II) A PERSON NOT LICENSED UNDER THE PROVISIONS OF THIS CHAPTER, WHO
HAS BEEN CONVICTED OF A VIOLATION OF THIS CHAPTER, UNTIL THE EXPIRATION
OF TWO YEARS FROM THE DATE OF SUCH CONVICTION.
(E) A CORPORATION OR CO-PARTNERSHIP, IF ANY OFFICER AND DIRECTOR OR
ANY PARTNER, WHILE NOT LICENSED UNDER THE PROVISIONS OF THIS CHAPTER,
HAS BEEN CONVICTED OF A VIOLATION OF THIS CHAPTER, OR HAS HAD A LICENSE
ISSUED UNDER THIS CHAPTER REVOKED FOR CAUSE, UNTIL THE EXPIRATION OF TWO
YEARS FROM THE DATE OF SUCH CONVICTION OR REVOCATION.
2. AN APPLICANT SHALL NOT BE DENIED A STATE LICENSE UNDER THIS ARTICLE
IF THE DENIAL IS BASED SOLELY ON A CONVICTION FOR A VIOLATION OF ARTICLE
TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW.
§ 192. SURRENDER OF LICENSE; NOTICE TO POLICE OFFICIALS. WITHIN THREE
DAYS AFTER A LICENSE SHALL HAVE BEEN REVOKED PURSUANT TO THIS ARTICLE,
NOTICE THEREOF SHALL BE GIVEN TO THE LICENSEE BY MAILING SUCH NOTICE
S. 3040--B 46
ADDRESSED TO HIM AT THE PREMISES LICENSED. NOTICE SHALL ALSO BE MAILED
TO THE OWNER OF THE PREMISES LICENSED. THE HOLDER OF SUCH LICENSE SHALL
THEREUPON SURRENDER SAME TO THE BUREAU. THE MAILING THEREOF BY THE
LICENSEE TO THE BUREAU BY REGISTERED MAIL OR INSURED PARCEL POST SHALL
BE DEEMED SUFFICIENT COMPLIANCE WITH THIS SECTION. THE BUREAU, IMME-
DIATELY UPON GIVING NOTICE OF REVOCATION, SHALL SERVE A WRITTEN NOTICE
THEREOF UPON THE COMMISSIONER OF POLICE, CHIEF OF POLICE OR CHIEF POLICE
OFFICER OF THE CITY, OR VILLAGE IN WHICH THE PREMISES FOR WHICH THE
REVOKED LICENSE WAS ISSUED IS SITUATED, OR UPON THE SHERIFF OF THE COUN-
TY OR A CONSTABLE OF THE TOWN IN CASE THE LICENSE WAS ISSUED FOR PREM-
ISES SITUATED IN A TOWN AND NOT WITHIN ANY CITY OR VILLAGE. SUCH NOTICE
SHALL INCLUDE A STATEMENT OF THE NUMBER OF SUCH LICENSE, THE NAME AND
PLACE OF RESIDENCE OF THE HOLDER THEREOF, THE LOCATION OF THE LICENSED
PREMISES, AND THE DATE WHEN SUCH LICENSE WAS REVOKED. IN CASE SUCH
LICENSE BE NOT FORTHWITH SURRENDERED, THE BUREAU SHALL ISSUE A WRITTEN
DEMAND FOR THE SURRENDER OF SUCH LICENSE AND DELIVER SAID DEMAND TO THE
SHERIFF OF THE COUNTY IN WHICH THE LICENSED PREMISES ARE LOCATED, OR TO
ANY REPRESENTATIVE OF THE BUREAU, AND SAID SHERIFF OR REPRESENTATIVE
SHALL IMMEDIATELY TAKE POSSESSION OF SUCH LICENSE AND RETURN THE SAME TO
THE BUREAU.
§ 193. AUTHORITY TO PROMULGATE RULES AND REGULATIONS. THE BUREAU SHALL
PROMULGATE AND IMPLEMENT ALL RULES AND REGULATIONS AS IT DEEMS NECESSARY
TO CARRY OUT THE PURPOSE AND INTENT OF THIS ARTICLE.
§ 194. PROTECTIONS FOR THE USE OF MARIHUANA. INDIVIDUALS AND LICENSED
ENTITIES SHALL NOT BE SUBJECT TO ARREST, PROSECUTION, OR PENALTY IN ANY
MANNER, OR DENIED ANY RIGHT OR PRIVILEGE, INCLUDING BUT NOT LIMITED TO
CIVIL LIABILITY OR DISCIPLINARY ACTION BY A BUSINESS OR OCCUPATIONAL OR
PROFESSIONAL LICENSING BOARD OR BUREAU, SOLELY FOR CONDUCT PERMITTED
UNDER THIS ARTICLE. FOR THE AVOIDANCE OF DOUBT, THE APPELLATE DIVISION
OF THE SUPREME COURT OF THE STATE OF NEW YORK, AND ANY DISCIPLINARY OR
CHARACTER AND FITNESS COMMITTEES ESTABLISHED BY THEM ARE OCCUPATIONAL
AND PROFESSIONAL LICENSING BOARDS WITHIN THE MEANING OF THIS SECTION.
STATE OR LOCAL LAW ENFORCEMENT AGENCIES SHALL NOT COOPERATE WITH OR
PROVIDE ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY AGENCY
THEREOF IN ENFORCING THE CONTROLLED SUBSTANCE ACT, 21, U.S.C. S8012 ET
SEQ., SOLELY FOR ACTIONS CONSISTENT WITH THIS CHAPTER, EXCEPT AS PURSU-
ANT TO A VALID COURT ORDER.
§ 195. DISCRIMINATION PROTECTIONS FOR THE USE OF MARIHUANA OR MEDICAL
MARIHUANA. 1. NO SCHOOL OR LANDLORD MAY REFUSE TO ENROLL OR LEASE TO AND
MAY NOT OTHERWISE PENALIZE A PERSON SOLELY FOR CONDUCT ALLOWED UNDER
SECTIONS 221.05 AND 221.05-A OF THE PENAL LAW, EXCEPT AS EXEMPTED:
(A) IF FAILING TO DO SO WOULD CAUSE THE SCHOOL OR LANDLORD TO LOSE A
MONETARY OR LICENSING RELATED BENEFIT UNDER FEDERAL LAW OR REGULATIONS;
(B) IF THE INSTITUTION HAS ADOPTED A CODE OF CONDUCT PROHIBITING MARI-
HUANA USE ON THE BASIS OF RELIGIOUS BELIEF;
(C) IF A PROPERTY IS REGISTERED WITH THE NEW YORK SMOKE-FREE HOUSING
REGISTRY, IT IS NOT REQUIRED TO PERMIT THE SMOKING OF MARIHUANA PRODUCTS
ON ITS PREMISES.
2. FOR THE PURPOSES OF MEDICAL CARE, INCLUDING ORGAN TRANSPLANTS, A
REGISTERED QUALIFYING PATIENT'S AUTHORIZED USE OF MEDICAL MARIHUANA MUST
BE CONSIDERED THE EQUIVALENT OF THE USE OF ANY OTHER MEDICATION UNDER
THE DIRECTION OF A PRACTITIONER AND DOES NOT CONSTITUTE THE USE OF AN
ILLICIT SUBSTANCE OR OTHERWISE DISQUALIFY A REGISTERED QUALIFYING
PATIENT FROM MEDICAL CARE.
3. NO PERSON MAY BE DENIED CUSTODY OF OR VISITATION OR PARENTING TIME
WITH A MINOR, AND THERE IS NO PRESUMPTION OF NEGLECT OR CHILD ENDANGER-
S. 3040--B 47
MENT FOR CONDUCT ALLOWED UNDER SECTIONS 221.05 AND 221.05-A OF THE PENAL
LAW, UNLESS THE PERSON'S BEHAVIOR CREATES AN UNREASONABLE DANGER TO THE
SAFETY OF THE MINOR AS ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE. FOR
THE PURPOSES OF THIS SECTION, AN "UNREASONABLE DANGER" DETERMINATION
CANNOT BE BASED SOLELY ON WHETHER, WHEN, AND HOW OFTEN A PERSON USES
MARIHUANA WITHOUT SEPARATE EVIDENCE OF HARM.
§ 196. EMPLOYMENT PROTECTIONS. 1. UNLESS AN EMPLOYER ESTABLISHES BY A
PREPONDERANCE OF THE EVIDENCE THAT THE LAWFUL USE OF MARIHUANA HAS
IMPAIRED THE EMPLOYEE'S ABILITY TO PERFORM THE EMPLOYEE'S JOB RESPONSI-
BILITIES, IT SHALL BE UNLAWFUL TO TAKE ANY ADVERSE EMPLOYMENT ACTION
AGAINST AN EMPLOYEE BASED ON EITHER:
(A) CONDUCT ALLOWED UNDER SECTIONS 221.05 AND 221.05-A OF THE PENAL
LAW; OR
(B) THE EMPLOYEE'S POSITIVE DRUG TEST FOR MARIHUANA COMPONENTS OR
METABOLITES.
2. FOR THE PURPOSES OF THIS SECTION, AN EMPLOYER MAY CONSIDER AN
EMPLOYEE'S ABILITY TO PERFORM THE EMPLOYEE'S JOB RESPONSIBILITIES TO BE
IMPAIRED WHEN THE EMPLOYEE MANIFESTS SPECIFIC ARTICULABLE SYMPTOMS WHILE
WORKING THAT DECREASE OR LESSEN THE EMPLOYEE'S PERFORMANCE OF THE DUTIES
OR TASKS OF THE EMPLOYEE'S JOB POSITION.
3. NOTHING IN THIS SECTION SHALL RESTRICT AN EMPLOYER'S ABILITY TO
PROHIBIT OR TAKE ADVERSE EMPLOYMENT ACTION FOR THE POSSESSION OR USE OF
INTOXICATING SUBSTANCES DURING WORK HOURS, OR REQUIRE AN EMPLOYER TO
COMMIT ANY ACT THAT WOULD CAUSE THE EMPLOYER TO BE IN VIOLATION OF
FEDERAL LAW, OR THAT WOULD RESULT IN THE LOSS OF A FEDERAL CONTRACT OR
FEDERAL FUNDING.
4. AS USED IN THIS SECTION, "ADVERSE EMPLOYMENT ACTION" MEANS REFUSING
TO HIRE OR EMPLOY, BARRING OR DISCHARGING FROM EMPLOYMENT, REQUIRING A
PERSON TO RETIRE FROM EMPLOYMENT, OR DISCRIMINATING AGAINST IN COMPEN-
SATION OR IN TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT.
§ 197. PROTECTIONS FOR PERSONS UNDER STATE SUPERVISION. A PERSON
CURRENTLY UNDER PAROLE, PROBATION OR OTHER STATE SUPERVISION, OR
RELEASED ON BAIL AWAITING TRIAL MAY NOT BE PUNISHED OR OTHERWISE PENAL-
IZED FOR CONDUCT ALLOWED UNDER SECTIONS 221.05 AND 221.05-A OF THE PENAL
LAW.
§ 198. PROFESSIONAL AND MEDICAL RECORD KEEPING. ANY PROFESSIONAL
PROVIDING SERVICES IN CONNECTION WITH A LICENSED OR POTENTIALLY LICENSED
BUSINESS UNDER THIS CHAPTER, OR IN CONNECTION WITH OTHER CONDUCT PERMIT-
TED UNDER THIS CHAPTER, AND ANY MEDICAL PROFESSIONAL PROVIDING MEDICAL
CARE TO A PATIENT, MAY AGREE WITH THEIR CLIENT OR PATIENT TO MAINTAIN NO
RECORD, OR ANY REDUCED LEVEL OF RECORD KEEPING THAT PROFESSIONAL AND
CLIENT OR PATIENT MAY AGREE. IN CASE OF SUCH AGREEMENT, THE PROFES-
SIONAL'S ONLY OBLIGATION SHALL BE TO KEEP SUCH RECORDS AS AGREED, AND TO
KEEP A RECORD OF THE AGREEMENT. SUCH REDUCED RECORD KEEPING IS CONDUCT
PERMITTED UNDER THIS CHAPTER, AND SHALL ATTRACT THE PROTECTIONS OF
SECTION ONE HUNDRED NINETY-FOUR OF THIS ARTICLE.
§ 32. The state finance law is amended by adding three new sections
99-bb, 99-cc and 99-dd to read as follows:
§ 99-BB. NEW YORK STATE MARIHUANA REVENUE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"NEW YORK STATE MARIHUANA REVENUE FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF ARTICLE EIGH-
TEEN-A OF THE TAX LAW AND ALL OTHER MONEYS APPROPRIATED THERETO FROM ANY
OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
S. 3040--B 48
SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.
3. THE MONEYS IN SUCH FUND SHALL BE EXPENDED FOR THE FOLLOWING
PURPOSES:
(A) REASONABLE COSTS INCURRED BY THE DEPARTMENT OF TAXATION AND
FINANCE FOR ADMINISTERING AND COLLECTING THE TAXES IMPOSED BY THIS PART;
PROVIDED, HOWEVER, SUCH COSTS SHALL NOT EXCEED FOUR PERCENT OF TAX
REVENUES RECEIVED.
(B) REASONABLE COSTS INCURRED BY THE BUREAU OF MARIHUANA POLICY FOR
IMPLEMENTING, ADMINISTERING, AND ENFORCING THE MARIHUANA REGULATION AND
TAXATION ACT TO THE EXTENT THOSE COSTS ARE NOT REIMBURSED PURSUANT TO
SECTIONS ONE HUNDRED EIGHTY-NINE AND ONE HUNDRED NINETY OF ARTICLE ELEV-
EN OF THE ALCOHOLIC BEVERAGE CONTROL LAW. THIS PARAGRAPH SHALL REMAIN
OPERATIVE THROUGH THE TWO THOUSAND TWENTY-TWO -- TWO THOUSAND TWENTY-
THREE FISCAL YEAR.
(C) BEGINNING WITH THE TWO THOUSAND NINETEEN -- TWO THOUSAND TWENTY
FISCAL YEAR AND CONTINUING THROUGH THE TWO THOUSAND TWENTY-NINE - - TWO
THOUSAND THIRTY FISCAL YEAR, THE COMMISSIONER OF TAXATION AND FINANCE
SHALL ANNUALLY DISBURSE THE FOLLOWING SUMS FOR THE PURPOSES OF DATA
COLLECTION AND REPORTING:
(1) SEVEN HUNDRED FIFTY THOUSAND DOLLARS TO THE BUREAU OF MARIHUANA
POLICY TO TRACK AND REPORT DATA RELATED TO THE LICENSING OF MARIHUANA
BUSINESSES, INCLUDING THE GEOGRAPHIC LOCATION, STRUCTURE, AND FUNCTION
OF LICENSED MARIHUANA BUSINESSES, AND DEMOGRAPHIC DATA, INCLUDING RACE,
ETHNICITY, AND GENDER, OF LICENSE HOLDERS. THE BUREAU OF MARIHUANA POLI-
CY SHALL PUBLISH REPORTS ON ITS FINDINGS ANNUALLY AND SHALL MAKE THE
REPORTS AVAILABLE TO THE PUBLIC.
(2) SEVEN HUNDRED FIFTY THOUSAND DOLLARS TO THE DEPARTMENT OF CRIMINAL
JUSTICE SERVICES TO TRACK AND REPORT DATA RELATED TO ANY INFRACTIONS,
VIOLATIONS, OR CRIMINAL CONVICTIONS THAT OCCUR UNDER ANY OF THE REMAIN-
ING MARIHUANA STATUTES. THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES
SHALL PUBLISH REPORTS ON ITS FINDINGS ANNUALLY AND SHALL MAKE THE
REPORTS AVAILABLE TO THE PUBLIC.
(3) ONE MILLION DOLLARS TO THE STATE UNIVERSITY OF NEW YORK TO
RESEARCH AND EVALUATE THE IMPLEMENTATION AND EFFECT OF THE MARIHUANA
REGULATION AND TAXATION ACT, AND SHALL, IF APPROPRIATE, MAKE RECOMMENDA-
TIONS TO THE LEGISLATURE AND GOVERNOR REGARDING POSSIBLE AMENDMENTS TO
THE MARIHUANA REGULATION AND TAXATION ACT. THE RECIPIENTS OF THESE FUNDS
SHALL PUBLISH REPORTS ON THEIR FINDINGS AT A MINIMUM OF EVERY TWO YEARS
AND SHALL MAKE THE REPORTS AVAILABLE TO THE PUBLIC. THE RESEARCH FUNDED
PURSUANT TO THIS SUBDIVISION SHALL INCLUDE BUT NOT NECESSARILY BE LIMIT-
ED TO:
(A) THE IMPACTS ON PUBLIC HEALTH, INCLUDING HEALTH COSTS ASSOCIATED
WITH MARIHUANA USE, AS WELL AS WHETHER MARIHUANA USE IS ASSOCIATED WITH
AN INCREASE OR DECREASE IN USE OF ALCOHOL OR OTHER DRUGS;
(B) THE IMPACT OF TREATMENT FOR CANNABIS USE DISORDER AND THE EFFEC-
TIVENESS OF DIFFERENT TREATMENT PROGRAMS;
(C) PUBLIC SAFETY ISSUES RELATED TO MARIHUANA USE, INCLUDING STUDYING
THE EFFECTIVENESS OF THE PACKAGING AND LABELING REQUIREMENTS AND ADVER-
TISING AND MARKETING RESTRICTIONS CONTAINED IN THE ACT AT PREVENTING
UNDERAGE ACCESS TO AND USE OF MARIHUANA AND MARIHUANA PRODUCTS, AND
STUDYING THE HEALTH-RELATED EFFECTS AMONG USERS OF VARYING POTENCY
LEVELS OF MARIHUANA AND MARIHUANA PRODUCTS;
(D) MARIHUANA USE RATES, MALADAPTIVE USE RATES FOR ADULTS AND YOUTH,
AND DIAGNOSIS RATES OF MARIHUANA-RELATED SUBSTANCE USE DISORDERS;
S. 3040--B 49
(E) MARIHUANA MARKET PRICES, ILLICIT MARKET PRICES, TAX STRUCTURES AND
RATES, INCLUDING AN EVALUATION OF HOW TO BEST TAX MARIHUANA BASED ON
POTENCY, AND THE STRUCTURE AND FUNCTION OF LICENSED MARIHUANA BUSI-
NESSES;
(F) WHETHER ADDITIONAL PROTECTIONS ARE NEEDED TO PREVENT UNLAWFUL
MONOPOLIES OR ANTI-COMPETITIVE BEHAVIOR FROM OCCURRING IN THE NONMEDICAL
MARIHUANA INDUSTRY AND, IF SO, RECOMMENDATIONS AS TO THE MOST EFFECTIVE
MEASURES FOR PREVENTING SUCH BEHAVIOR;
(G) THE ECONOMIC IMPACTS IN THE PRIVATE AND PUBLIC SECTORS, INCLUDING
BUT NOT NECESSARILY LIMITED TO, JOB CREATION, WORKPLACE SAFETY, REVEN-
UES, TAXES GENERATED FOR STATE AND LOCAL BUDGETS, AND CRIMINAL JUSTICE
IMPACTS, INCLUDING, BUT NOT NECESSARILY LIMITED TO, IMPACTS ON LAW
ENFORCEMENT AND PUBLIC RESOURCES, SHORT AND LONG TERM CONSEQUENCES OF
INVOLVEMENT IN THE CRIMINAL JUSTICE SYSTEM, AND STATE AND LOCAL GOVERN-
MENT AGENCY ADMINISTRATIVE COSTS AND REVENUE;
(H) WHETHER THE REGULATORY AGENCIES TASKED WITH IMPLEMENTING AND
ENFORCING THE MARIHUANA REGULATION AND TAXATION ACT ARE DOING SO
CONSISTENT WITH THE PURPOSES OF THE ACT, AND WHETHER DIFFERENT AGENCIES
MIGHT DO SO MORE EFFECTIVELY; AND
(I) ANY ENVIRONMENTAL ISSUES RELATED TO MARIHUANA PRODUCTION AND THE
CRIMINAL PROHIBITION OF MARIHUANA PRODUCTION.
4. AFTER THE DISPERSAL OF MONEYS PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, THE REMAINING MONEYS IN THE FUND DEPOSITED DURING THE PRIOR
FISCAL YEAR SHALL BE DISBURSED AS FOLLOWS:
(A) TWENTY-FIVE PERCENT SHALL BE DEPOSITED IN THE STATE LOTTERY FUND
ESTABLISHED BY SECTION NINETY-TWO-C OF THIS ARTICLE; PROVIDED THAT SUCH
MONEYS SHALL BE DISTRIBUTED TO THE EDUCATION DEPARTMENT IN ACCORDANCE
WITH SUBDIVISIONS TWO AND FOUR OF SECTION NINETY-TWO-C OF THIS ARTICLE
AND SHALL NOT BE UTILIZED FOR THE PURPOSES OF SUBDIVISION THREE OF SUCH
SECTION;
(B) TWENTY-FIVE PERCENT SHALL BE DEPOSITED IN THE DRUG TREATMENT AND
PUBLIC EDUCATION FUND ESTABLISHED BY SECTION NINETY-NINE-CC OF THIS
ARTICLE; AND
(C) FIFTY PERCENT SHALL BE DEPOSITED IN THE COMMUNITY GRANTS REINVEST-
MENT FUND ESTABLISHED BY SECTION NINETY-NINE-CC OF THIS ARTICLE.
5. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
OF TAXATION AND FINANCE SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY
PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE
FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE
STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL DETAIL HOW THE
MONEYS OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND
SHALL INCLUDE:
(I) THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(II) RECIPIENTS OF AWARDS FROM THE FUND;
(III) THE AMOUNT AWARDED TO EACH RECIPIENT OF AN AWARD FROM THE FUND;
(IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
6. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF EDUCATION.
§ 99-CC. NEW YORK STATE DRUG TREATMENT PUBLIC EDUCATION FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
S. 3040--B 50
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO
BE KNOWN AS THE "NEW YORK STATE DRUG TREATMENT PUBLIC EDUCATION FUND".
2. SUCH FUND SHALL CONSIST OF REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF SECTION NINETY-NINE-BB OF THIS ARTICLE AND ALL OTHER
MONEYS APPROPRIATED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO
LAW. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM
RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS
DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO
LAW.
3. THE MONEYS IN SUCH FUND SHALL BE EXPENDED BY THE COMMISSIONER OF
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE IN CONSULTATION WITH THE
COMMISSIONER OF HEALTH FOR THE FOLLOWING PURPOSES:
(A) TO DEVELOP AND IMPLEMENT A YOUTH-FOCUSED PUBLIC HEALTH EDUCATION
AND PREVENTION CAMPAIGN, INCLUDING SCHOOL-BASED PREVENTION, EARLY INTER-
VENTION, AND HEALTH CARE SERVICES AND PROGRAMS TO REDUCE THE RISK OF
MARIHUANA AND OTHER SUBSTANCE USE AND ABUSE BY SCHOOL-AGED CHILDREN;
(B) TO DEVELOP AND IMPLEMENT A STATEWIDE PUBLIC HEALTH CAMPAIGN
FOCUSED ON THE HEALTH EFFECTS OF MARIHUANA AND LEGAL USE, INCLUDING AN
ONGOING EDUCATION AND PREVENTION CAMPAIGN THAT EDUCATES THE GENERAL
PUBLIC, INCLUDING PARENTS, CONSUMERS AND RETAILERS, ON THE LEGAL USE OF
MARIHUANA, THE IMPORTANCE OF PREVENTING YOUTH ACCESS, THE IMPORTANCE OF
SAFE STORAGE AND PREVENTING SECONDHAND MARIHUANA SMOKE EXPOSURE, INFOR-
MATION FOR PREGNANT OR BREASTFEEDING WOMEN, AND THE OVERCONSUMPTION OF
EDIBLES;
(C) TO PROVIDE SUBSTANCE USE DISORDER TREATMENT PROGRAMS FOR YOUTH AND
ADULTS, WITH AN EMPHASIS ON PROGRAMS THAT ARE CULTURALLY AND GENDER
COMPETENT, TRAUMA-INFORMED, EVIDENCE-BASED AND PROVIDE A CONTINUUM OF
CARE THAT INCLUDES SCREENING AND ASSESSMENT (SUBSTANCE USE DISORDER AS
WELL AS MENTAL HEALTH), EARLY INTERVENTION, ACTIVE TREATMENT, FAMILY
INVOLVEMENT, CASE MANAGEMENT, OVERDOSE PREVENTION, PREVENTION OF COMMU-
NICABLE DISEASES RELATED TO SUBSTANCE USE, RELAPSE MANAGEMENT FOR
SUBSTANCE USE AND OTHER CO-OCCURRING BEHAVIORAL HEALTH DISORDERS, VOCA-
TIONAL SERVICES, LITERACY SERVICES, PARENTING CLASSES, FAMILY THERAPY
AND COUNSELING SERVICES, MEDICATION-ASSISTED TREATMENTS, PSYCHIATRIC
MEDICATION AND PSYCHOTHERAPY; AND
(D) TO EVALUATE THE PROGRAMS BEING FUNDED TO DETERMINE THEIR EFFEC-
TIVENESS.
4. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL PROVIDE A
WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE
ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON ALCOHOLISM
AND DRUG ABUSE, CHAIR OF THE ASSEMBLY ALCOHOLISM AND DRUG ABUSE COMMIT-
TEE, THE STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL DETAIL HOW
THE MONEYS OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR,
AND SHALL INCLUDE:
(A) THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(B) RECIPIENTS OF AWARDS FROM THE FUND;
(C) THE AMOUNT AWARDED TO EACH RECIPIENT OF AN AWARD FROM THE FUND;
(D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
S. 3040--B 51
5. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF EDUCATION.
§ 99-DD. NEW YORK STATE COMMUNITY GRANTS REINVESTMENT FUND. 1. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS
THE "NEW YORK STATE COMMUNITY GRANTS REINVESTMENT FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF SECTION NINETY-NINE-BB OF THIS ARTICLE AND ALL OTHER
MONEYS APPROPRIATED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO
LAW. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM
RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS
DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO
LAW.
3. THE FUND SHALL BE GOVERNED AND ADMINISTERED BY AN EXECUTIVE STEER-
ING COMMITTEE OF THIRTEEN MEMBERS ESTABLISHED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES AND INCLUDING ADDITIONAL REPRESENTATIVES FROM THE
LABOR DEPARTMENT, AND THE HEALTH DEPARTMENT APPOINTED BY THE GOVERNOR
AND A REPRESENTATIVE OF THE EDUCATION DEPARTMENT APPOINTED BY THE BOARD
OF REGENTS. IN ADDITION, THE MAJORITY AND MINORITY LEADERS OF THE SENATE
AND ASSEMBLY SHALL EACH APPOINT ONE MEMBER TO THE STEERING COMMITTEE,
THE COMPTROLLER SHALL APPOINT THREE ADDITIONAL MEMBERS, AND THE ATTORNEY
GENERAL SHALL APPOINT TWO ADDITIONAL MEMBERS FROM RELEVANT LOCAL GOVERN-
MENT ENTITIES AND COMMUNITY-BASED ORGANIZATIONS. EVERY EFFORT SHOULD BE
MADE TO ENSURE A BALANCED AND DIVERSE COMMITTEE, WHICH SHALL HAVE EXPER-
TISE IN JOB PLACEMENT, HOMELESSNESS AND HOUSING, BEHAVIORAL HEALTH AND
SUBSTANCE ABUSE TREATMENT, AND EFFECTIVE REHABILITATIVE TREATMENT FOR
ADULTS AND JUVENILES, AND SHALL INCLUDE REPRESENTATIVES OF ORGANIZATIONS
SERVING COMMUNITIES IMPACTED BY PAST FEDERAL AND STATE DRUG POLICIES.
4. THE MONEYS IN SUCH FUND SHALL BE EXPENDED BY THE EXECUTIVE STEERING
COMMITTEE TO QUALIFIED COMMUNITY-BASED NONPROFIT ORGANIZATIONS FOR THE
PURPOSE OF REINVESTING IN COMMUNITIES DISPROPORTIONATELY AFFECTED BY
PAST FEDERAL AND STATE DRUG POLICIES. THE GRANTS FROM THIS PROGRAM SHALL
BE USED TO SUPPORT JOB PLACEMENT, JOB SKILLS SERVICES, ADULT EDUCATION,
MENTAL HEALTH TREATMENT, SUBSTANCE USE DISORDER TREATMENT, SYSTEM NAVI-
GATION SERVICES, LEGAL SERVICES TO ADDRESS BARRIERS TO REENTRY, AND
LINKAGES TO MEDICAL CARE, WOMEN'S HEALTH SERVICES AND OTHER COMMUNITY-
BASED SUPPORTIVE SERVICES.
5. THE COMMUNITY GRANTS REINVESTMENT PROGRAM SHALL NOT MAKE ANY GRANTS
IN ANY MUNICIPALITIES WHICH HAVE BANNED THE CULTIVATION, INCLUDING
PERSONAL CULTIVATION OF MARIHUANA UNDER SECTION 221.05-A OF THE PENAL
LAW, OR RETAIL SALE OF MARIHUANA OR MARIHUANA PRODUCTS PURSUANT TO ARTI-
CLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
6. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROVIDE A WRITTEN
REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEM-
BLY, CHAIR OF THE SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON CHILDREN AND FAMI-
LIES, CHAIR OF THE ASSEMBLY CHILDREN AND FAMILIES COMMITTEE, CHAIR OF
THE SENATE COMMITTEE ON LABOR, CHAIR OF THE ASSEMBLY LABOR COMMITTEE,
CHAIR OF THE SENATE COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY HEALTH
COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON EDUCATION, CHAIR OF THE
ASSEMBLY EDUCATION COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC. SUCH
REPORT SHALL DETAIL HOW THE MONIES OF THE FUND WERE UTILIZED DURING THE
PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
S. 3040--B 52
(A) THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(B) RECIPIENTS OF AWARDS FROM THE FUND;
(C) THE AMOUNT AWARDED TO EACH RECIPIENT OF AN AWARD FROM THE FUND;
(D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
7. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF EDUCATION.
§ 33. The tax law is amended by adding a new article 18-A to read as
follows:
ARTICLE 18-A
PROVISIONS RELATING TO MARIHUANA
SECTION 446. DEFINITIONS.
447. TAXES IMPOSED.
447-A. LOCAL TAXES ON MARIHUANA BY A CITY OR TOWN.
447-B. ORDINARY AND NECESSARY EXPENSES DEDUCTIBLE FROM NET
INCOME.
448. SURETY BOND.
449. COLLECTION OF TAX.
§ 446. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "COMMERCIAL MARKET ACTIVITY" INCLUDES THE CULTIVATION, POSSESSION,
MANUFACTURE, DISTRIBUTION, PROCESSING, STORING, LABORATORY TESTING,
LABELING, TRANSPORTATION, DELIVERY OR SALE OF MARIHUANA AND MARIHUANA
PRODUCTS, AS PROVIDED FOR IN ARTICLE ELEVEN OF THE ALCOHOLIC BEVERAGE
CONTROL LAW, BUT SHALL NOT INCLUDE MEDICAL MARIHUANA ACTIVITIES PROVIDED
FOR IN TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
2. "CONCENTRATED CANNABIS" MEANS (A) THE SEPARATED RESIN, WHETHER
CRUDE OR PURIFIED, OBTAINED FROM A PLANT OF THE GENUS CANNABIS; OR (B) A
MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE WHICH
CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDROCANNABI-
NOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR DELTA-1
TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE NUMBERING
SYSTEM.
3. "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,
WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY
PART OF THE PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE,
MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT
INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS,
OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-
FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS
(EXCEPT THE RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE
STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES
NOT INCLUDE ALL PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING
OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-
BINOL (THC).
4. "MARIHUANA CONSUMER" MEANS A PERSON TWENTY-ONE YEARS OF AGE OR
OLDER WHO PURCHASED MARIHUANA OR MARIHUANA PRODUCTS FOR PERSONAL USE BY
PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.
5. "MARIHUANA FLOWERS" SHALL MEAN THE DRIED FLOWERS OF THE MARIHUANA
PLANT.
6. "MARIHUANA LEAVES" SHALL MEAN ALL PARTS OF THE MARIHUANA PLANT
OTHER THAN MARIHUANA FLOWERS THAT ARE SOLD OR CONSUMED.
S. 3040--B 53
7. "MARIHUANA PROCESSOR" MEANS A PERSON LICENSED BY THE BUREAU OF
MARIHUANA POLICY TO PURCHASE MARIHUANA AND CONCENTRATED CANNABIS FROM
MARIHUANA PRODUCERS, TO PROCESS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS, PACKAGE AND LABEL MARIHUANA, CONCENTRATED
CANNABIS AND MARIHUANA-INFUSED PRODUCTS FOR SALE IN RETAIL OUTLETS, AND
SELL MARIHUANA, CONCENTRATED CANNABIS AND MARIHUANA INFUSED PRODUCTS AT
WHOLESALE TO MARIHUANA RETAILERS.
8. "MARIHUANA PRODUCER" MEANS A PERSON LICENSED BY THE BUREAU OF MARI-
HUANA POLICY TO PRODUCE, PROCESS, AND SELL MARIHUANA AND CONCENTRATED
CANNABIS AT WHOLESALE TO MARIHUANA PROCESSORS, MARIHUANA RETAILERS, OR
OTHER MARIHUANA PRODUCERS, BUT NOT TO CONSUMERS.
9. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS.
10. "MARIHUANA-INFUSED PRODUCTS" MEANS PRODUCTS THAT CONTAIN MARIHUA-
NA, MARIHUANA EXTRACTS, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR
HUMAN USE OR CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS,
OINTMENTS, AND TINCTURES.
11. "IMMATURE MARIHUANA PLANT" MEANS A MARIHUANA PLANT WITH NO OBSERV-
ABLE FLOWERS OR BUDS.
12. "MARIHUANA RETAILER" MEANS A PERSON LICENSED BY THE BUREAU OF
MARIHUANA POLICY TO PURCHASE MARIHUANA, CONCENTRATED CANNABIS, AND MARI-
HUANA-INFUSED PRODUCTS FROM MARIHUANA PRODUCERS AND MARIHUANA PROCESSORS
AND SELL MARIHUANA, MARIHUANA-INFUSED PRODUCTS, AND CONCENTRATED CANNA-
BIS IN A RETAIL OUTLET.
13. "MARIHUANA RETAILER FOR ON-PREMISES CONSUMPTION" MEANS A PERSON
LICENSED BY THE BUREAU OF MARIHUANA POLICY TO PURCHASE MARIHUANA,
CONCENTRATED CANNABIS, AND MARIHUANA INFUSED PRODUCTS FROM MARIHUANA
PRODUCERS, MARIHUANA RETAILERS AND MARIHUANA PROCESSORS AND SELL MARI-
HUANA PRODUCTS FOR A CUSTOMER TO CONSUME WHILE THE CUSTOMER IS WITHIN
THE FACILITY.
§ 447. TAXES IMPOSED. 1. (A) THERE IS HEREBY LEVIED AND IMPOSED A
CULTIVATION TAX UPON ALL HARVESTED MARIHUANA THAT ENTERS THE COMMERCIAL
MARKET UPON ALL PERSONS REQUIRED TO BE LICENSED TO CULTIVATE MARIHUANA
PURSUANT TO ARTICLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW. THE
TAX SHALL BE DUE AFTER THE MARIHUANA IS HARVESTED.
(I) MARIHUANA FLOWERS SHALL BE TAXED AT A RATE OF SIXTY-TWO CENTS PER
DRY-WEIGHT GRAM.
(II) MARIHUANA LEAVES SHALL BE TAXED AT A RATE OF TEN CENTS PER DRY-
WEIGHT GRAM.
(B) THERE IS HEREBY LEVIED AND IMPOSED A NURSERY TAX UPON ALL IMMATURE
PLANTS THAT ENTER THE COMMERCIAL MARKET UPON ALL PERSONS REQUIRED TO BE
LICENSED TO PRODUCE IMMATURE PLANTS PURSUANT TO ARTICLE ELEVEN OF THE
ALCOHOLIC BEVERAGE CONTROL LAW. IMMATURE PLANTS SHALL BE TAXED AT A RATE
OF ONE DOLLAR AND THIRTY-FIVE CENTS EACH.
(C) THERE IS HEREBY LEVIED AND IMPOSED A TAX UPON MARIHUANA SOLD OR
OTHERWISE TRANSFERRED BY A MARIHUANA PRODUCER TO A MARIHUANA PROCESSOR
OR MARIHUANA RETAILER AT A RATE EQUIVALENT TO THE RATE ESTABLISHED UNDER
ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
(D) A MARIHUANA EXCISE TAX IS HEREBY LEVIED AND IMPOSED UPON CUSTOMERS
OF NONMEDICAL MARIHUANA OR NONMEDICAL MARIHUANA PRODUCTS SOLD IN THIS
STATE AT THE RATE FIFTEEN PERCENT OF ANY SALE BY A RETAILER, MICROBUSI-
NESS, OR OTHER PERSON REQUIRED TO BE LICENSED PURSUANT TO ARTICLE ELEVEN
OF THE ALCOHOLIC BEVERAGE CONTROL LAW TO SELL MARIHUANA AND MARIHUANA
PRODUCTS DIRECTLY TO A CUSTOMER.
(E) THE DEPARTMENT SHALL ESTABLISH PROCEDURES FOR THE COLLECTION OF
ALL TAXES LEVIED.
S. 3040--B 54
(F) NO TAX ESTABLISHED BY THIS SECTION SHALL BE LEVIED UPON MEDICAL
MARIHUANA INTENDED FOR SALE TO A CERTIFIED PATIENT OR DESIGNATED CARE-
GIVER PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC
HEALTH LAW.
2. FOR REPORTING PERIODS BEGINNING LATER THAN ONE YEAR FOLLOWING THE
EFFECTIVE DATE OF THIS ARTICLE, THE RATES OF TAX UNDER SUBDIVISION ONE
OF THIS SECTION SHALL BE ADJUSTED FOR EACH BIENNIUM ACCORDING TO THE
COST-OF-LIVING ADJUSTMENT FOR THE CALENDAR YEAR.
3. THE DEPARTMENT SHALL REGULARLY REVIEW THE RATES OF THE TAX UNDER
SUBDIVISION ONE OF THIS SECTION AND MAKE RECOMMENDATIONS TO THE LEGISLA-
TURE REGARDING APPROPRIATE ADJUSTMENTS TO THE RATES THAT WILL FURTHER
THE PURPOSES OF:
(A) MAXIMIZING NET REVENUE;
(B) MINIMIZING THE ILLEGAL MARIHUANA INDUSTRY; AND
(C) DISCOURAGING THE USE OF MARIHUANA BY MINORS UNDER TWENTY-ONE YEARS
OF AGE.
§ 447-A. LOCAL TAXES ON MARIHUANA BY A CITY OR TOWN. ANY CITY OR TOWN
IN THIS STATE, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY
AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IMPOSING IN ANY
SUCH CITY OR TOWN A SALES TAX ON MARIHUANA RETAILERS AT A RATE OF NO
MORE THAN TWO PERCENT OF THE SALE PRICE OF MARIHUANA PRODUCTS SOLD TO A
MARIHUANA CONSUMER. ANY TAXES IMPOSED PURSUANT TO THE AUTHORITY OF THIS
SECTION SHALL BE ADMINISTERED AND COLLECTED BY THE DEPARTMENT IN THE
SAME MANNER AS THE TAXES IMPOSED UNDER SECTION FOUR HUNDRED FORTY-NINE
OF THIS ARTICLE. THE COMMISSIONER IS HEREBY EMPOWERED TO MAKE SUCH
PROVISIONS AS IT DEEMS NECESSARY FOR THE JOINT ADMINISTRATION AND
COLLECTION OF THE STATE AND LOCAL TAXES IMPOSED AND AUTHORIZED BY THIS
ARTICLE.
§ 447-B. ORDINARY AND NECESSARY EXPENSES DEDUCTIBLE FROM NET INCOME.
NOTWITHSTANDING ANY FEDERAL TAX LAW TO THE CONTRARY, IN COMPUTING NET
INCOME FOR BUSINESSES EXEMPTED FROM CRIMINAL PENALTIES UNDER ARTICLES
TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-ONE OF THE PENAL LAW AND ARTI-
CLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW, THERE SHALL BE ALLOWED
AS A DEDUCTION FROM STATE TAXES ALL THE ORDINARY AND NECESSARY EXPENSES
PAID OR INCURRED DURING THE TAXABLE YEAR IN CARRYING ON ANY TRADE OR
BUSINESS, INCLUDING BUT NOT LIMITED TO, REASONABLE ALLOWANCE FOR SALA-
RIES OR OTHER COMPENSATION FOR PERSONAL SERVICES ACTUALLY RENDERED.
§ 448. SURETY BOND. MARIHUANA RETAILER APPLICANTS ARE REQUIRED TO
SUBMIT A SURETY BOND WITH THE DEPARTMENT EQUAL TO TWO MONTHS OF THE
CULTIVATION FACILITY'S ANTICIPATED RETAIL MARIHUANA EXCISE TAX. THE
SURETY BOND MUST BE ISSUED BY A COMPANY AUTHORIZED TO DO BUSINESS IN THE
STATE. PROOF OF SURETY BOND IS REQUIRED FOR APPROVAL OF APPLICANT'S
RETAIL LICENSE.
§ 449. COLLECTION OF TAX. THIS TAX SHALL BE COLLECTED BY THE COMMIS-
SIONER WHO SHALL ESTABLISH A PROCEDURE FOR THE COLLECTION OF THIS TAX.
§ 34. Paragraphs (i), (j) and (k) of subdivision 3 of section 160.50
of the criminal procedure law, paragraphs (i) and (j) as added by chap-
ter 905 of the laws of 1977 and paragraph (k) as added by chapter 835 of
the laws of 1977 and as relettered by chapter 192 of the laws of 1980,
are amended to read as follows:
(i) prior to the filing of an accusatory instrument in a local crimi-
nal court against such person, the prosecutor elects not to prosecute
such person. In such event, the prosecutor shall serve a certification
of such disposition upon the division of criminal justice services and
upon the appropriate police department or law enforcement agency which,
upon receipt thereof, shall comply with the provisions of paragraphs
S. 3040--B 55
(a), (b), (c) and (d) of subdivision one of this section in the same
manner as is required thereunder with respect to an order of a court
entered pursuant to said subdivision one[.]; OR
(j) following the arrest of such person, the arresting police agency,
prior to the filing of an accusatory instrument in a local criminal
court but subsequent to the forwarding of a copy of the fingerprints of
such person to the division of criminal justice services, elects not to
proceed further. In such event, the head of the arresting police agency
shall serve a certification of such disposition upon the division of
criminal justice services which, upon receipt thereof, shall comply with
the provisions of paragraphs (a), (b), (c) and (d) of subdivision one of
this section in the same manner as is required thereunder with respect
to an order of a court entered pursuant to said subdivision one[.]; OR
(k) (i) The accusatory instrument alleged a violation of article two
hundred twenty or section 240.36 of the penal law, prior to the taking
effect of article two hundred twenty-one of the penal law, or BY THE
CONVICTION OF SUCH PERSON OF a violation of [article two hundred twen-
ty-one] SECTION 221.45 of the penal law ON OR AFTER THE EFFECTIVE DATE
OF THE CHAPTER OF THE LAWS OF 2017 THAT AMENDED THIS SUBDIVISION OR A
VIOLATION OF SECTIONS 221.05, 221.10, 221.15, 221.20, 221.25, 221.30,
221.35, OR 221.40 OF THE PENAL LAW PRIOR TO THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF 2017 THAT AMENDED THIS SUBDIVISION; AND (ii) the
sole controlled substance involved is [marijuana; (iii) the conviction
was only for a violation or violations; and (iv) at least three years
have passed since the offense occurred] MARIHUANA. NO DEFENDANT SHALL
BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY FOR SEALING PURSUANT TO
THIS PARAGRAPH AS PART OF A PLEA OF GUILTY, SENTENCE OR ANY AGREEMENT
RELATED TO A CONVICTION FOR A VIOLATION OF SECTION 221.45 OF THE PENAL
LAW. ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY UNENFORCEABLE.
§ 35. Subdivision 4 of section 160.50 of the criminal procedure law,
as amended by chapter 905 of the laws of 1977 and renumbered by chapter
142 of the laws of 1991, is amended to read as follows:
4. A person in whose favor a criminal action or proceeding was termi-
nated, as defined in [paragraph] PARAGRAPHS (a) through (h), (K) OR (L)
of subdivision [two] THREE of this section, prior to the effective date
of [this section, may upon motion apply to the court in which such
termination occurred, upon not less than twenty days notice to the
district attorney, for an order granting to such person the relief set
forth in subdivision one of this section, and such order shall be grant-
ed unless the district attorney demonstrates to the satisfaction of the
court that the interests of justice require otherwise. A person in whose
favor a criminal action or proceeding was terminated, as defined in
paragraph (i) or (j) of subdivision two of this section, prior to the
effective date of this section, may apply to the appropriate prosecutor
or police agency for a certification as described in said paragraph (i)
or (j) granting to such person the relief set forth therein, and such
certification shall be granted by such prosecutor or police agency.] THE
CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT AMENDED THIS SUBDIVI-
SION, AND WHOSE RECORDS HAVE NOT BEEN SEALED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION, MAY APPLY TO HAVE THE RECORDS OF SUCH CRIMINAL ACTION
OR PROCEEDING SEALED AT THE CLERK'S OFFICE FOR THE COURT IN WHICH THE
CRIMINAL ACTION OR PROCEEDING WAS TERMINATED. APPLICATION MAY BE MADE BY
THE PERSON OR HIS OR HER ATTORNEY. UPON A DETERMINATION BY THE CLERK
THAT THE ACTION OR PROCEEDING WAS TERMINATED IN THE PERSON'S FAVOR AS
DEFINED IN SUBDIVISION THREE OF THIS SECTION, THE CLERK OF THE COURT
SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIMINAL
S. 3040--B 56
JUSTICE SERVICES AND THE HEADS OF ALL APPROPRIATE POLICE DEPARTMENTS AND
OTHER LAW ENFORCEMENT AGENCIES THAT THE ACTION HAS BEEN TERMINATED IN
FAVOR OF THE ACCUSED AND THAT THE RECORD OF SUCH ACTION OR PROCEEDINGS
SHALL BE SEALED. UPON RECEIPT OF NOTIFICATION OF SUCH TERMINATION AND
SEALING, ALL RECORDS RELATING TO THE CRIMINAL ACTION SHALL BE SEALED, AS
REQUIRED UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, AND ALL
PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS AND FINGERPRINTS
SHALL BE DESTROYED OR RETURNED AS SPECIFIED IN PARAGRAPHS (A) AND (B) OF
SUBDIVISION ONE OF THIS SECTION. THIS PARAGRAPH SHALL NOT APPLY TO CASES
IN WHICH THE COURT DECLINED TO SEAL FOR REASONS STATED ON THE RECORD,
PURSUANT TO SUBDIVISION ONE OF THIS SECTION. WHEN AN APPLICANT UNDER
THIS SUBDIVISION PRESENTS TO THE COURT CLERK FINGERPRINT RECORDS FROM
NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES OR A COURT DISPOSI-
TION WHICH INDICATE THAT A CRIMINAL ACTION OR PROCEEDING AGAINST THE
APPLICANT WAS DISMISSED BUT THE SUPPORTING COURT RECORDS CANNOT BE
LOCATED, HAVE BEEN DESTROYED, OR DO NOT INDICATE WHETHER THE DISMISSAL
WAS A "TERMINATION IN FAVOR OF" THE ACCUSED AS THAT TERM IS DEFINED IN
SUBDIVISION THREE OF THIS SECTION, THE CLERK OF THE COURT WHEREIN SUCH
CRIMINAL ACTION OR PROCEEDING WAS TERMINATED SHALL PROCEED AS IF THE
MATTER HAD BEEN SO TERMINATED.
§ 36. Subdivisions 1 and 2 of section 170.56 of the criminal procedure
law, subdivision 1 as amended by chapter 360 of the laws of 1977 and
subdivision 2 as added by chapter 1042 of the laws of 1971, are amended
to read as follows:
1. Upon or after arraignment in a local criminal court upon an infor-
mation, a prosecutor's information or a misdemeanor complaint, where the
sole remaining count or counts charge a violation or violations of
section [221.05, 221.10, 221.15, 221.35 or 221.40] 221.45 of the penal
law, OR UPON SUMMONS FOR A NUISANCE OFFENSE UNDER SECTION SIXTY-FIVE-C
OF THE ALCOHOLIC BEVERAGE CONTROL LAW and before the entry of a plea of
guilty thereto or commencement of a trial thereof, the court, upon
motion of a defendant, may order that all proceedings be suspended and
the action adjourned in contemplation of dismissal, or upon a finding
that adjournment would not be necessary or appropriate and the setting
forth in the record of the reasons for such findings, may dismiss in
furtherance of justice the accusatory instrument; provided, however,
that the court may not order such adjournment in contemplation of
dismissal or dismiss the accusatory instrument if: (a) the defendant has
previously been granted such adjournment in contemplation of dismissal,
or (b) the defendant has previously been granted a dismissal under this
section, or (c) the defendant has previously been convicted of any
offense involving controlled substances, or (d) the defendant has previ-
ously been convicted of a crime and the district attorney does not
consent or (e) the defendant has previously been adjudicated a youthful
offender on the basis of any act or acts involving controlled substances
and the district attorney does not consent. NOTWITHSTANDING THE LIMITA-
TIONS SET FORTH IN THIS SUBDIVISION, THE COURT MAY ORDER THAT ALL
PROCEEDINGS BE SUSPENDED AND THE ACTION ADJOURNED IN CONTEMPLATION OF
DISMISSAL BASED UPON A FINDING OF EXCEPTIONAL CIRCUMSTANCES. FOR
PURPOSES OF THIS SUBDIVISION, EXCEPTIONAL CIRCUMSTANCES EXIST WHEN,
REGARDLESS OF THE ULTIMATE DISPOSITION OF THE CASE, THE ENTRY OF A PLEA
OF GUILTY IS LIKELY TO RESULT IN SEVERE COLLATERAL CONSEQUENCES, INCLUD-
ING, BUT NOT LIMITED TO, THOSE THAT COULD LEAVE A NONCITIZEN INADMISSI-
BLE OR REMOVABLE FROM THE UNITED STATES.
2. Upon ordering the action adjourned in contemplation of dismissal,
the court must set and specify such conditions for the adjournment as
S. 3040--B 57
may be appropriate, and such conditions may include placing the defend-
ant under the supervision of any public or private agency. At any time
prior to dismissal the court may modify the conditions or extend or
reduce the term of the adjournment, except that the total period of
adjournment shall not exceed [twelve] SIX months. Upon violation of any
condition fixed by the court, the court may revoke its order and restore
the case to the calendar and the prosecution thereupon must proceed. If
the case is not so restored to the calendar during the period fixed by
the court, the accusatory instrument is, at the expiration of such peri-
od, deemed to have been dismissed in the furtherance of justice.
§ 37. Section 210.46 of the criminal procedure law, as amended by
chapter 360 of the laws of 1977, is amended to read as follows:
§ 210.46 Adjournment in contemplation of dismissal in marihuana cases
in a superior court.
Upon or after arraignment in a superior court upon an indictment where
the sole remaining count or counts charge a violation or violations of
section [221.05, 221.10, 221.15, 221.35 or 221.40] 221.45 of the penal
law and before the entry of a plea of guilty thereto or commencement of
a trial thereof, the court, upon motion of a defendant, may order that
all proceedings be suspended and the action adjourned in contemplation
of dismissal or may dismiss the indictment in furtherance of justice, in
accordance with the provisions of section 170.56 of this chapter.
§ 38. Paragraphs (h) and (i) of subdivision 1 of section 440.10 of the
criminal procedure law, paragraph (h) as amended by chapter 332 of the
laws of 2010 and paragraph (i) as amended by chapter 368 of the laws of
2015, are amended and a new paragraph (j) is added to read as follows:
(h) The judgment was obtained in violation of a right of the defendant
under the constitution of this state or of the United States; [or]
(i) The judgment is a conviction where the arresting charge was under
section 240.37 (loitering for the purpose of engaging in a prostitution
offense, provided that the defendant was not alleged to be loitering for
the purpose of patronizing a person for prostitution or promoting pros-
titution) or 230.00 (prostitution) or 230.03 (prostitution in a school
zone) of the penal law, and the defendant's participation in the offense
was a result of having been a victim of sex trafficking under section
230.34 of the penal law, labor trafficking under section 135.35 of the
penal law, aggravated labor trafficking under section 135.37 of the
penal law, compelling prostitution under section 230.33 of the penal
law, or trafficking in persons under the Trafficking Victims Protection
Act (United States Code, title 22, chapter 78); provided that
(i) a motion under this paragraph shall be made with due diligence,
after the defendant has ceased to be a victim of such trafficking or
compelling prostitution crime or has sought services for victims of such
trafficking or compelling prostitution crime, subject to reasonable
concerns for the safety of the defendant, family members of the defend-
ant, or other victims of such trafficking or compelling prostitution
crime that may be jeopardized by the bringing of such motion, or for
other reasons consistent with the purpose of this paragraph; and
(ii) official documentation of the defendant's status as a victim of
trafficking, compelling prostitution or trafficking in persons at the
time of the offense from a federal, state or local government agency
shall create a presumption that the defendant's participation in the
offense was a result of having been a victim of sex trafficking, compel-
ling prostitution or trafficking in persons, but shall not be required
for granting a motion under this paragraph[.]; OR
S. 3040--B 58
(J) THE JUDGMENT OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH AND IS A CONVICTION FOR:
(I) AN OFFENSE AS DEFINED BY SECTION 221.05 OR 221.10 OF THE PENAL LAW
(CRIMINAL POSSESSION OF MARIHUANA IN THE FIFTH DEGREE), AS IN EFFECT
PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH, PROVIDED THAT THE ACCUSA-
TORY INSTRUMENT THAT UNDERLIES THE JUDGMENT DOES NOT INCLUDE AN ALLEGA-
TION THAT THE DEFENDANT POSSESSED MORE THAN TWENTY-FIVE GRAMS OF MARI-
HUANA; OR
(II) AN OFFENSE AS DEFINED BY FORMER SECTION 221.35 OF THE PENAL LAW
(CRIMINAL SALE OF MARIHUANA IN THE FIFTH DEGREE).
§ 39. Subdivision 6 of section 440.10 of the criminal procedure law,
as added by chapter 332 of the laws of 2010, is amended to read as
follows:
6. If the court grants a motion under paragraph (i) OR PARAGRAPH (J)
of subdivision one of this section, it must vacate the judgment and
dismiss the accusatory instrument, and may take such additional action
as is appropriate in the circumstances.
§ 40. The criminal procedure law is amended by adding a new section
440.46-a to read as follows:
§ 440.46-A MOTION FOR RESENTENCE; PERSONS CONVICTED OF CERTAIN MARIHUANA
OFFENSES.
1. A PERSON CURRENTLY SERVING A SENTENCE FOR A CONVICTION, WHETHER BY
TRIAL OR BY OPEN OR NEGOTIATED PLEA, WHO WOULD NOT HAVE BEEN GUILTY OF
AN OFFENSE OR WHO WOULD HAVE BEEN GUILTY OF A LESSER OFFENSE ON AND
AFTER THE EFFECTIVE DATE OF THIS SECTION HAD THIS SECTION BEEN IN EFFECT
AT THE TIME OF HIS OR HER CONVICTION MAY PETITION FOR A RECALL OR
DISMISSAL OF SENTENCE BEFORE THE TRIAL COURT THAT ENTERED THE JUDGMENT
OF CONVICTION IN HIS OR HER CASE TO REQUEST RESENTENCING OR DISMISSAL IN
ACCORDANCE WITH ARTICLE TWELVE HUNDRED TWENTY-ONE OF THE PENAL LAW.
2. UPON RECEIVING A MOTION UNDER SUBDIVISION ONE OF THIS SECTION THE
COURT SHALL PRESUME THE MOVANT SATISFIES THE CRITERIA IN SUBDIVISION ONE
OF THIS SECTION UNLESS THE PARTY OPPOSING THE MOTION PROVES BY CLEAR AND
CONVINCING EVIDENCE THAT THE MOVANT DOES NOT SATISFY THE CRITERIA. IF
THE MOVANT SATISFIES THE CRITERIA IN SUBDIVISION ONE OF THIS SECTION,
THE COURT SHALL GRANT THE MOTION TO VACATE THE SENTENCE OR TO RESENTENCE
BECAUSE IT IS LEGALLY INVALID. IN EXERCISING ITS DISCRETION, THE COURT
MAY CONSIDER, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING:
(A) THE MOVANT'S CRIMINAL CONVICTION HISTORY, INCLUDING THE TYPE OF
CRIMES COMMITTED, THE EXTENT OF INJURY TO VICTIMS, THE LENGTH OF PRIOR
PRISON COMMITMENTS, AND THE REMOTENESS OF THE CRIMES.
(B) THE MOVANT'S DISCIPLINARY RECORD AND RECORD OF REHABILITATION
WHILE INCARCERATED.
3. A PERSON WHO IS SERVING A SENTENCE AND RESENTENCED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION SHALL BE GIVEN CREDIT FOR ANY TIME
ALREADY SERVED AND SHALL BE SUBJECT TO SUPERVISION FOR ONE YEAR FOLLOW-
ING COMPLETION OF HIS OR HER TIME IN CUSTODY OR SHALL BE SUBJECT TO
WHATEVER SUPERVISION TIME HE OR SHE WOULD HAVE OTHERWISE BEEN SUBJECT TO
AFTER RELEASE, WHICHEVER IS SHORTER, UNLESS THE COURT, IN ITS
DISCRETION, AS PART OF ITS RESENTENCING ORDER, RELEASES THE PERSON FROM
SUPERVISION. SUCH PERSON IS SUBJECT TO PAROLE SUPERVISION UNDER SECTION
60.04 OF THE PENAL LAW OR POST-RELEASE SUPERVISION UNDER SECTION 70.45
OF THE PENAL LAW BY THE DESIGNATED AGENCY AND THE JURISDICTION OF THE
COURT IN THE COUNTY IN WHICH THE OFFENDER IS RELEASED OR RESIDES, OR IN
WHICH AN ALLEGED VIOLATION OF SUPERVISION HAS OCCURRED, FOR THE PURPOSE
OF HEARING PETITIONS TO REVOKE SUPERVISION AND IMPOSE A TERM OF CUSTODY.
S. 3040--B 59
4. UNDER NO CIRCUMSTANCES MAY RESENTENCING UNDER THIS SECTION RESULT
IN THE IMPOSITION OF A TERM LONGER THAN THE ORIGINAL SENTENCE, OR THE
REINSTATEMENT OF CHARGES DISMISSED PURSUANT TO A NEGOTIATED PLEA AGREE-
MENT.
5. A PERSON WHO HAS COMPLETED HIS OR HER SENTENCE FOR A CONVICTION
UNDER THE FORMER ARTICLE TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, WHETH-
ER BY TRIAL OR OPEN OR NEGOTIATED PLEA, WHO WOULD NOT HAVE BEEN GUILTY
OF AN OFFENSE OR WHO WOULD HAVE BEEN GUILTY OF A LESSER OFFENSE ON AND
AFTER THE EFFECTIVE DATE OF THIS SECTION HAD THIS SECTION BEEN IN EFFECT
AT THE TIME OF HIS OR HER CONVICTION, MAY FILE AN APPLICATION BEFORE THE
TRIAL COURT THAT ENTERED THE JUDGMENT OF CONVICTION IN HIS OR HER CASE
TO HAVE THE CONVICTION, IN ACCORDANCE WITH ARTICLE TWO HUNDRED TWENTY-
ONE OF THE PENAL LAW:
(A) DISMISSED BECAUSE THE PRIOR CONVICTION IS NOW LEGALLY INVALID AND
SEALED IN ACCORDANCE WITH SECTION 160.50 OF THIS CHAPTER;
(B) REDESIGNATED (OR "RECLASSIFIED") AS A VIOLATION AND SEALED IN
ACCORDANCE WITH SECTION 160.50 OF THIS CHAPTER; OR
(C) REDESIGNATED (RECLASSIFIED) AS A MISDEMEANOR.
6. THE COURT SHALL PRESUME THE PETITIONER SATISFIES THE CRITERIA IN
SUBDIVISION FIVE UNLESS THE PARTY OPPOSING THE APPLICATION PROVES BY
CLEAR AND CONVINCING EVIDENCE THAT THE PETITIONER DOES NOT SATISFY THE
CRITERIA IN SUBDIVISION FIVE. ONCE THE APPLICANT SATISFIES THE CRITERIA
IN SUBDIVISION FIVE, THE COURT SHALL REDESIGNATE (OR "RECLASSIFY") THE
CONVICTION AS A MISDEMEANOR, REDESIGNATE (RECLASSIFY) THE CONVICTION AS
A VIOLATION AND SEAL THE CONVICTION, OR DISMISS AND SEAL THE CONVICTION
AS LEGALLY INVALID UNDER THIS SECTION HAD THIS SECTION BEEN IN EFFECT AT
THE TIME OF HIS OR HER CONVICTION.
7. UNLESS REQUESTED BY THE APPLICANT, NO HEARING IS NECESSARY TO GRANT
OR DENY AN APPLICATION FILED UNDER SUBDIVISION FIVE OF THIS SECTION.
8. ANY FELONY CONVICTION THAT IS VACATED AND RESENTENCED UNDER SUBDI-
VISION TWO OR DESIGNATED AS A MISDEMEANOR OR VIOLATION UNDER SUBDIVISION
SIX OF THIS SECTION SHALL BE CONSIDERED A MISDEMEANOR OR VIOLATION FOR
ALL PURPOSES. ANY MISDEMEANOR CONVICTION THAT IS VACATED AND RESENTENCED
UNDER SUBDIVISION TWO OF THIS SECTION OR DESIGNATED AS A VIOLATION UNDER
SUBDIVISION SIX OF THIS SECTION SHALL BE CONSIDERED A VIOLATION FOR ALL
PURPOSES.
9. IF THE COURT THAT ORIGINALLY SENTENCED THE MOVANT IS NOT AVAILABLE,
THE PRESIDING JUDGE SHALL DESIGNATE ANOTHER JUDGE TO RULE ON THE PETI-
TION OR APPLICATION.
10. NOTHING IN THIS SECTION IS INTENDED TO DIMINISH OR ABROGATE ANY
RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THE PETITIONER OR APPLICANT.
11. NOTHING IN THIS AND RELATED SECTIONS IS INTENDED TO DIMINISH OR
ABROGATE THE FINALITY OF JUDGEMENTS IN ANY CASE NOT FALLING WITHIN THE
PURVIEW OF THIS SECTION.
12. THE PROVISIONS OF THIS SECTION SHALL APPLY EQUALLY TO JUVENILE
DELINQUENCY ADJUDICATIONS AND DISPOSITIONS UNDER SECTION FIVE HUNDRED
ONE-E OF THE EXECUTIVE LAW IF THE JUVENILE WOULD NOT HAVE BEEN GUILTY OF
AN OFFENSE OR WOULD HAVE BEEN GUILTY OF A LESSER OFFENSE UNDER THIS
SECTION HAD THIS SECTION BEEN IN EFFECT AT THE TIME OF HIS OR HER
CONVICTION.
13. THE OFFICE OF COURT ADMINISTRATION SHALL PROMULGATE AND MAKE
AVAILABLE ALL NECESSARY FORMS TO ENABLE THE FILING OF THE PETITIONS AND
APPLICATIONS PROVIDED IN THIS SECTION NO LATER THAN SIXTY DAYS FOLLOWING
THE EFFECTIVE DATE OF THIS SECTION.
S. 3040--B 60
§ 41. Paragraph (c) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 37 of the laws of 2014, is amended
to read as follows:
(c) Criminal possession of a controlled substance in the seventh
degree as defined in section 220.03 of the penal law, criminal
possession of a controlled substance in the fifth degree as defined in
section 220.06 of the penal law, criminal possession of a controlled
substance in the fourth degree as defined in section 220.09 of the penal
law, criminal possession of a controlled substance in the third degree
as defined in section 220.16 of the penal law, criminal possession of a
controlled substance in the second degree as defined in section 220.18
of the penal law, criminal possession of a controlled substance in the
first degree as defined in section 220.21 of the penal law, criminal
sale of a controlled substance in the fifth degree as defined in section
220.31 of the penal law, criminal sale of a controlled substance in the
fourth degree as defined in section 220.34 of the penal law, criminal
sale of a controlled substance in the third degree as defined in section
220.39 of the penal law, criminal sale of a controlled substance in the
second degree as defined in section 220.41 of the penal law, criminal
sale of a controlled substance in the first degree as defined in section
220.43 of the penal law, criminally possessing a hypodermic instrument
as defined in section 220.45 of the penal law, criminal sale of a
prescription for a controlled substance or a controlled substance by a
practitioner or pharmacist as defined in section 220.65 of the penal
law, criminal possession of methamphetamine manufacturing material in
the second degree as defined in section 220.70 of the penal law, crimi-
nal possession of methamphetamine manufacturing material in the first
degree as defined in section 220.71 of the penal law, criminal
possession of precursors of methamphetamine as defined in section 220.72
of the penal law, unlawful manufacture of methamphetamine in the third
degree as defined in section 220.73 of the penal law, unlawful manufac-
ture of methamphetamine in the second degree as defined in section
220.74 of the penal law, unlawful manufacture of methamphetamine in the
first degree as defined in section 220.75 of the penal law, unlawful
disposal of methamphetamine laboratory material as defined in section
220.76 of the penal law, operating as a major trafficker as defined in
section 220.77 of the penal law, [criminal possession of marihuana in
the first degree as defined in section 221.30 of the penal law, criminal
sale of marihuana in the first degree as defined in section 221.55 of
the penal law,] promoting gambling in the second degree as defined in
section 225.05 of the penal law, promoting gambling in the first degree
as defined in section 225.10 of the penal law, possession of gambling
records in the second degree as defined in section 225.15 of the penal
law, possession of gambling records in the first degree as defined in
section 225.20 of the penal law, and possession of a gambling device as
defined in section 225.30 of the penal law;
§ 42. Paragraphs (b) and (c) of subdivision 4-b and subdivisions 6 and
9 of section 1310 of the civil practice law and rules, paragraphs (b)
and (c) of subdivision 4-b as added by chapter 655 of the laws of 1990
and subdivisions 6 and 9 as added by chapter 669 of the laws of 1984,
are amended to read as follows:
(b) on three or more occasions, engaging in conduct constituting a
violation of any of the felonies defined in section 220.09, 220.16,
220.18, 220.21, 220.31, 220.34, 220.39, 220.41[,] OR 220.43 [or 221.55]
of the penal law, which violations do not constitute a single criminal
offense as defined in subdivision one of section 40.10 of the criminal
S. 3040--B 61
procedure law, or a single criminal transaction, as defined in paragraph
(a) of subdivision two of section 40.10 of the criminal procedure law,
and at least one of which resulted in a conviction of such offense, or
where the accusatory instrument charges one or more of such felonies,
conviction upon a plea of guilty to a felony for which such plea is
otherwise authorized by law; or
(c) a conviction of a person for a violation of section 220.09,
220.16, 220.34 or 220.39 of the penal law, [or a conviction of a crimi-
nal defendant for a violation of section 221.30 of the penal law,] or
where the accusatory instrument charges any such felony, conviction upon
a plea of guilty to a felony for which the plea is otherwise authorized
by law, together with evidence which: (i) provides substantial indicia
that the defendant used the real property to engage in a continual,
ongoing course of conduct involving the unlawful mixing, compounding,
manufacturing, warehousing, or packaging of controlled substances [or
where the conviction is for a violation of section 221.30 of the penal
law, marijuana,] as part of an illegal trade or business for gain; and
(ii) establishes, where the conviction is for possession of a controlled
substance [or where the conviction is for a violation of section 221.30
of the penal law, marijuana], that such possession was with the intent
to sell it.
[6. "Pre-conviction forfeiture crime" means only a felony defined in
article two hundred twenty or section 221.30 or 221.55 of the penal
law.]
9. "Criminal defendant" means a person who has criminal liability for
a crime defined in [subdivisions] SUBDIVISION five [and six hereof] OF
THIS SECTION. For purposes of this article, a person has criminal
liability when [(a)] he has been convicted of a post-conviction forfei-
ture crime[, or (b) the claiming authority proves by clear and convinc-
ing evidence that such person has committed an act in violation of arti-
cle two hundred twenty or section 221.30 or 221.55 of the penal law].
§ 43. Subdivision 13 of section 89-f of the general business law, as
added by chapter 336 of the laws of 1992, is amended to read as follows:
13. "Serious offense" shall mean any felony involving the offenses
enumerated in the closing paragraph of this subdivision; a criminal
solicitation of or a conspiracy to commit or an attempt to commit or a
criminal facilitation of a felony involving the offenses enumerated in
the closing paragraph of this subdivision, which criminal solicitation,
conspiracy, attempt or criminal facilitation itself constitutes a felony
or any offense in any other jurisdiction which if committed in this
state would constitute a felony; any offense in any other jurisdiction
which if committed in this state would constitute a felony provided that
for the purposes of this article, none of the following shall be consid-
ered criminal convictions or reported as such: (i) a conviction for
which an executive pardon has been issued pursuant to the executive law;
(ii) a conviction which has been vacated and replaced by a youthful
offender finding pursuant to article seven hundred twenty of the crimi-
nal procedure law, or the applicable provisions of law of any other
jurisdiction; or (iii) a conviction the records of which have been
sealed pursuant to the applicable provisions of the laws of this state
or of any other jurisdiction; and (iv) a conviction for which other
evidence of successful rehabilitation to remove the disability has been
issued.
Felonies involving: assault, aggravated assault and reckless endanger-
ment pursuant to article one hundred twenty; vehicular manslaughter,
manslaughter and murder pursuant to article one hundred twenty-five; sex
S. 3040--B 62
offenses pursuant to article one hundred thirty; unlawful imprisonment,
kidnapping or coercion pursuant to article one hundred thirty-five;
criminal trespass and burglary pursuant to article one hundred forty;
criminal mischief, criminal tampering and tampering with a consumer
product pursuant to article one hundred forty-five; arson pursuant to
article one hundred fifty; larceny and offenses involving theft pursuant
to article one hundred fifty-five; offenses involving computers pursuant
to article one hundred fifty-six; robbery pursuant to article one
hundred sixty; criminal possession of stolen property pursuant to arti-
cle one hundred sixty-five; forgery and related offenses pursuant to
article one hundred seventy; involving false written statements pursuant
to article one hundred seventy-five; commercial bribing and commercial
bribe receiving pursuant to article one hundred eighty; criminal imper-
sonation and scheme to defraud pursuant to article one hundred ninety;
bribery involving public servants and related offenses pursuant to arti-
cle two hundred; perjury and related offenses pursuant to article two
hundred ten; tampering with a witness, intimidating a victim or witness
and tampering with physical evidence pursuant to article two hundred
fifteen; criminal possession of a controlled substance pursuant to
sections 220.06, 220.09, 220.16, 220.18 and 220.21; criminal sale of a
controlled substance pursuant to sections 220.31, 220.34, 220.39,
220.41, 220.43 and 220.44; criminal sale of [marijuana] MARIHUANA IN THE
FIRST DEGREE pursuant to [sections] SECTION 221.45[, 221.50 and 221.55];
riot in the first degree, aggravated harassment in the first degree,
criminal nuisance in the first degree and falsely reporting an incident
in the second or first degree pursuant to article two hundred forty; and
crimes against public safety pursuant to article two hundred sixty-five
of the penal law.
§ 44. Paragraph (f) of subdivision 2 of section 850 of the general
business law is REPEALED.
§ 45. Paragraph (h) of subdivision 2 of section 850 of the general
business law, as amended by chapter 812 of the laws of 1980, is amended
to read as follows:
(h) Objects, used or designed for the purpose of ingesting, inhaling,
or otherwise introducing [marihuana,] cocaine, [hashish, or hashish oil]
into the human body.
§ 46. Paragraph a of subdivision 4-a of section 165 of the state
finance law, as added by chapter 95 of the laws of 2000, is amended to
read as follows:
a. In order to advance specific economic goals, New York state
labelled wines, as defined in subdivision [twenty-a] TWENTY-J of section
three of the alcoholic beverage control law, shall have favored source
status for the purposes of procurement in accordance with the provisions
of this subdivision. Procurement of these New York state labelled wines
shall be exempt from the competitive procurement provisions of section
one hundred sixty-three of this article and other competitive procure-
ment statutes. Such exemption shall apply to New York state labelled
wines as defined in subdivision [twenty-a] TWENTY-J of section three of
the alcoholic beverage control law produced by a licensed winery as
defined in section seventy-six of the alcoholic beverage control law.
§ 47. Subdivision 7 of section 995 of the executive law, as amended by
chapter 19 of the laws of 2012, is amended to read as follows:
7. "Designated offender" means a person convicted of any felony
defined in any chapter of the laws of the state or any misdemeanor
defined in the penal law [except that where the person is convicted
under section 221.10 of the penal law, only a person convicted under
S. 3040--B 63
subdivision two of such section, or a person convicted under subdivision
one of such section who stands previously convicted of any crime as
defined in subdivision six of section 10.00 of the penal law].
§ 48. Paragraphs (b) and (c) of subdivision 7 of section 480.00 of the
penal law, paragraph (b) as amended by section 31 of part AAA of chapter
56 of the laws of 2009 and paragraph (c) as added by chapter 655 of the
laws of 1990, are amended to read as follows:
(b) three or more violations of any of the felonies defined in section
220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
220.43[,] OR 220.77[, or 221.55] of this chapter, which violations do
not constitute a single criminal offense as defined in subdivision one
of section 40.10 of the criminal procedure law, or a single criminal
transaction, as defined in paragraph (a) of subdivision two of section
40.10 of the criminal procedure law, and at least one of which resulted
in a conviction of such offense, or where the accusatory instrument
charges one or more of such felonies, conviction upon a plea of guilty
to a felony for which such plea is otherwise authorized by law; or
(c) a conviction of a person for a violation of section 220.09,
220.16, 220.34[,] OR 220.39[, or 221.30] of this chapter, or where the
accusatory instrument charges any such felony, conviction upon a plea of
guilty to a felony for which the plea is otherwise authorized by law,
together with evidence which: (i) provides substantial indicia that the
defendant used the real property to engage in a continual, ongoing
course of conduct involving the unlawful mixing, compounding, manufac-
turing, warehousing, or packaging of controlled substances [or where the
conviction is for a violation of section 221.30 of this chapter, mari-
juana] as part of an illegal trade or business for gain; and (ii) estab-
lishes, where the conviction is for possession of a controlled substance
[or where the conviction is for a violation of section 221.30 of this
chapter, marijuana], that such possession was with the intent to sell
it.
§ 49. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 368 of the laws of 2015, is
amended to read as follows:
(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16, 220.31, 220.34, 220.60, 220.65, [221.30, 221.50, 221.55,]
230.00, 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05,
235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of
section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
265.10, 265.12, 265.35 of the penal law or an attempt to commit any of
the aforesaid offenses under section 110.00 of the penal law, or any
similar offenses committed under a former section of the penal law, or
any offenses committed under a former section of the penal law which
would constitute violations of the aforesaid sections of the penal law,
or any offenses committed outside this state which would constitute
violations of the aforesaid sections of the penal law.
§ 50. The opening paragraph of paragraph (a) of subdivision 2 of
section 1194 of the vehicle and traffic law, as amended by chapter 196
of the laws of 1996, is amended to read as follows:
S. 3040--B 64
When authorized. Any person who operates a motor vehicle in this state
shall be deemed to have given consent to a chemical test of one or more
of the following: breath, blood, urine, or saliva, for the purpose of
determining the alcoholic and/or drug content, OTHER THAN MARIHUANA
CONTENT INCLUDING BUT NOT LIMITED TO TETRAHYDROCANNABINOL CONTENT, of
the blood provided that such test is administered by or at the direction
of a police officer with respect to a chemical test of breath, urine or
saliva or, with respect to a chemical test of blood, at the direction of
a police officer:
§ 51. Section 17 of the alcoholic beverage control law is amended by
adding a new subdivision 12 to read as follows:
12. TO DEVELOP AND ESTABLISH MINIMUM CRITERIA FOR ALCOHOL OR SUBSTANCE
ABUSE TRAINING AWARENESS PROGRAMS WHICH MAY BE GIVEN AND ADMINISTERED BY
SCHOOLS; OTHER ENTITIES INCLUDING TRADE ASSOCIATIONS WHOSE MEMBERS ARE
ENGAGED IN OR INVOLVED IN THE RETAIL SALE OF ALCOHOLIC BEVERAGES;
NATIONAL AND REGIONAL FRANCHISORS WHO HAVE GRANTED AT LEAST FIVE FRAN-
CHISES IN THE STATE WHICH ARE LICENSED TO SELL BEER AT RETAIL FOR OFF-
PREMISES CONSUMPTION; LICENSEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES
AT RETAIL FOR OFF-PREMISES CONSUMPTION OPERATING FIVE OR MORE LICENSED
PREMISES; AND PERSONS INTERESTED, WHETHER AS AN INDIVIDUAL PROPRIETOR OR
PARTNER OR OFFICER OR MEMBER OF A LIMITED LIABILITY COMPANY, IN FIVE OR
MORE LICENSEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR
OFF-PREMISES CONSUMPTION. THE AUTHORITY SHALL PROVIDE FOR THE ISSUANCE
OF CERTIFICATES OF APPROVAL TO ALL CERTIFIED ALCOHOL OR SUBSTANCE ABUSE
TRAINING AWARENESS PROGRAMS. CERTIFICATES OF APPROVAL MAY BE REVOKED BY
THE AUTHORITY FOR FAILURE TO ADHERE TO THE AUTHORITY'S RULES AND REGU-
LATIONS. SUCH RULES AND REGULATIONS SHALL AFFORD THOSE WHO HAVE BEEN
ISSUED A CERTIFICATE OF APPROVAL AN OPPORTUNITY FOR A HEARING PRIOR TO
ANY DETERMINATION OF WHETHER SUCH CERTIFICATE SHOULD BE REVOKED.
NO LICENSEE SHALL BE REQUIRED TO APPLY FOR ANY SUCH CERTIFICATE OR
RENEWAL CERTIFICATE AND THE LICENSEE MAY VOLUNTARILY SURRENDER SUCH A
CERTIFICATE OR RENEWAL CERTIFICATE AT ANY TIME. A FEE IN THE AMOUNT OF
NINE HUNDRED DOLLARS SHALL BE PAID TO THE AUTHORITY WITH EACH APPLICA-
TION FOR A CERTIFICATE OF APPROVAL OR RENEWAL CERTIFICATE. THE AUTHORI-
TY SHALL PROMPTLY REFUND SUCH FEE TO AN APPLICANT WHOSE APPLICATION WAS
DENIED. EACH CERTIFICATE OF APPROVAL AND RENEWAL THEREOF SHALL BE ISSUED
FOR A PERIOD OF THREE YEARS. TO EFFECTUATE THE PROVISIONS OF THIS SUBDI-
VISION, THE AUTHORITY IS EMPOWERED TO REQUIRE IN CONNECTION WITH AN
APPLICATION THE SUBMISSION OF SUCH INFORMATION AS THE AUTHORITY MAY
DIRECT; TO PRESCRIBE FORMS OF APPLICATIONS AND OF ALL REPORTS WHICH IT
DEEMS NECESSARY TO BE MADE BY ANY APPLICANT OR CERTIFICATE HOLDER; TO
CONDUCT INVESTIGATIONS; TO REQUIRE THE MAINTENANCE OF SUCH BOOKS AND
RECORDS AS THE AUTHORITY MAY DIRECT; AND TO REVOKE, CANCEL, OR SUSPEND
FOR CAUSE ANY CERTIFICATE PROVIDED FOR IN THIS SUBDIVISION. EACH ENTITY
AUTHORIZED TO GIVE AND ADMINISTER AN ALCOHOL OR SUBSTANCE ABUSE TRAINING
AWARENESS PROGRAM SHALL ISSUE CERTIFICATES OF COMPLETION TO ALL LICEN-
SEES AND EMPLOYEES WHO SUCCESSFULLY COMPLETE SUCH AN APPROVED ALCOHOL OR
SUBSTANCE ABUSE TRAINING AWARENESS PROGRAM. SUCH ENTITY SHALL REGULARLY
TRANSMIT TO THE AUTHORITY THE NAMES, ADDRESSES AND DATES OF ATTENDANCE
OF ALL THE LICENSEES AND EMPLOYEES OF LICENSEES WHO SUCCESSFULLY
COMPLETE AN APPROVED ALCOHOL OR SUBSTANCE ABUSE TRAINING AWARENESS
PROGRAM. SUCH TRANSMITTAL SHALL BE IN A FORM AND MANNER PRESCRIBED BY
THE AUTHORITY. THE AUTHORITY SHALL ADOPT RULES AND REGULATIONS TO EFFEC-
TUATE THE PROVISIONS OF THIS SUBDIVISION, INCLUDING THE MINIMUM REQUIRE-
MENTS FOR THE CURRICULUM OF EACH SUCH TRAINING PROGRAM AND THE REGULAR
ONGOING TRAINING OF EMPLOYEES HOLDING CERTIFICATES OF COMPLETION OR
S. 3040--B 65
RENEWAL CERTIFICATES. SUCH RULES AND REGULATIONS SHALL INCLUDE THE
MINIMUM REQUIREMENTS FOR A SEPARATE CURRICULUM FOR LICENSEES AND THEIR
EMPLOYEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR OFF-PREM-
ISES CONSUMPTION, MINIMUM REQUIREMENTS FOR A SEPARATE CURRICULUM FOR
LICENSEES AND THEIR EMPLOYEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT
RETAIL FOR ON-PREMISES CONSUMPTION, AND THE FORM OF A CERTIFICATE OF
COMPLETION OR RENEWAL THEREOF TO BE ISSUED IN RESPECT TO EACH SUCH TYPE
OF PROGRAM. A CERTIFICATE OF COMPLETION OR RENEWAL THEREOF ISSUED BY AN
ENTITY AUTHORIZED TO GIVE AND ADMINISTER AN ALCOHOL OR SUBSTANCE ABUSE
TRAINING AWARENESS PROGRAM PURSUANT TO THIS SUBDIVISION TO LICENSEES AND
THEIR EMPLOYEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR
OFF-PREMISES CONSUMPTION SHALL NOT BE INVALIDATED BY A CHANGE OF EMPLOY-
MENT TO ANOTHER SUCH LICENSEE. A CERTIFICATE OF COMPLETION OR RENEWAL
THEREOF ISSUED BY AN ENTITY AUTHORIZED TO GIVE AND ADMINISTER AN ALCOHOL
OR SUBSTANCE ABUSE TRAINING AWARENESS PROGRAM PURSUANT TO THIS SUBDIVI-
SION TO LICENSEES AND THEIR EMPLOYEES AUTHORIZED TO SELL ALCOHOLIC
BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION SHALL NOT BE INVALIDATED
BY A CHANGE OF EMPLOYMENT TO ANOTHER SUCH LICENSEE. ATTENDANCE AT ANY
COURSE ESTABLISHED PURSUANT TO THIS SECTION SHALL BE IN PERSON, THROUGH
DISTANCE LEARNING METHODS, OR THROUGH AN INTERNET BASED ONLINE PROGRAM.
§ 52. Subdivision 12 of section 17 of the alcoholic beverage control
law, as amended by chapter 549 of the laws of 2001, the closing para-
graph as amended by chapter 435 of the laws of 2010, is amended to read
as follows:
12. To develop and establish minimum criteria for alcohol OR SUBSTANCE
ABUSE training awareness programs which may be given and administered by
schools; other entities including trade associations whose members are
engaged in or involved in the retail sale of alcoholic beverages;
national and regional franchisors who have granted at least five fran-
chises in the state which are licensed to sell beer at retail for off-
premises consumption; licensees authorized to sell alcoholic beverages
at retail for off-premises consumption operating five or more licensed
premises; and persons interested, whether as an individual proprietor or
partner or officer or member of a limited liability company, in five or
more licensees authorized to sell alcoholic beverages at retail for
off-premises consumption. The authority shall provide for the issuance
of certificates of approval to all certified alcohol OR SUBSTANCE ABUSE
training awareness programs. Certificates of approval may be revoked by
the authority for failure to adhere to the authority's rules and regu-
lations. Such rules and regulations shall afford those who have been
issued a certificate of approval an opportunity for a hearing prior to
any determination of whether such certificate should be revoked.
No licensee shall be required to apply for any such certificate or
renewal certificate and the licensee may voluntarily surrender such a
certificate or renewal certificate at any time. A fee in the amount of
nine hundred dollars shall be paid to the authority with each applica-
tion for a certificate of approval or renewal certificate. The authority
shall promptly refund such fee to an applicant whose application was
denied. Each certificate of approval and renewal thereof shall be issued
for a period of three years. To effectuate the provisions of this subdi-
vision, the authority is empowered to require in connection with an
application the submission of such information as the authority may
direct; to prescribe forms of applications and of all reports which it
deems necessary to be made by any applicant or certificate holder; to
conduct investigations; to require the maintenance of such books and
records as the authority may direct; to revoke, cancel, or suspend for
S. 3040--B 66
cause any certificate provided for in this subdivision. Each entity
authorized to give and administer an alcohol OR SUBSTANCE ABUSE training
awareness program shall issue certificates of completion to all licen-
sees and employees who successfully complete such an approved alcohol OR
SUBSTANCE ABUSE training awareness program. Such entity shall regularly
transmit to the authority the names, addresses and dates of attendance
of all the licensees and employees of licensees who successfully
complete an approved alcohol OR SUBSTANCE ABUSE training awareness
program. Such transmittal shall be in a form and manner prescribed by
the authority. The authority shall adopt rules and regulations to effec-
tuate the provisions of this subdivision, including the minimum require-
ments for the curriculum of each such training program and the regular
ongoing training of employees holding certificates of completion or
renewal certificates. Such rules and regulations shall include the mini-
mum requirements for a separate curriculum for licensees and their
employees authorized to sell alcoholic beverages at retail for off-prem-
ises consumption, minimum requirements for a separate curriculum for
licensees and their employees authorized to sell alcoholic beverages at
retail for on-premises consumption, and the form of a certificate of
completion or renewal thereof to be issued in respect to each such type
of program. A certificate of completion or renewal thereof issued by an
entity authorized to give and administer an alcohol OR SUBSTANCE ABUSE
training awareness program pursuant to this subdivision to licensees and
their employees authorized to sell alcoholic beverages at retail for
off-premises consumption shall not be invalidated by a change of employ-
ment to another such licensee. A certificate of completion or renewal
thereof issued by an entity authorized to give and administer an alcohol
OR SUBSTANCE ABUSE training awareness program pursuant to this subdivi-
sion to licensees and their employees authorized to sell alcoholic
beverages at retail for on-premises consumption shall not be invalidated
by a change of employment to another such licensee. Attendance at any
course established pursuant to this section shall be in person, through
distance learning methods, or through an internet based online program.
§ 53. Section 150.75 of the criminal procedure law is REPEALED.
§ 54. Subdivision (a) of section 712 of the family court act, as
amended by section 7 of part G of chapter 58 of the laws of 2010, is
amended to read as follows:
(a) "Person in need of supervision". A person less than eighteen years
of age who does not attend school in accordance with the provisions of
part one of article sixty-five of the education law or who is incorrigi-
ble, ungovernable or habitually disobedient and beyond the lawful
control of a parent or other person legally responsible for such child's
care, or other lawful authority, or who violates the provisions of
section [221.05 or] 230.00 of the penal law, or who appears to be a
sexually exploited child as defined in paragraph (a), (c) or (d) of
subdivision one of section four hundred forty-seven-a of the social
services law, but only if the child consents to the filing of a petition
under this article.
§ 55. Appropriation. The sum of five million dollars ($5,000,000) is
hereby appropriated to the New York State Liquor Authority out of any
moneys in the state treasury in the general fund to the credit of the
state purposes account, not otherwise appropriated, and made immediately
available, for the purpose of carrying out the provisions of this act.
Such moneys shall be payable on the audit and warrant of the comptroller
on vouchers certified or approved by the superintendent or the chairman
of the New York State Liquor Authority in the manner prescribed by law.
S. 3040--B 67
§ 56. Severability. If any provision or term of this act is for any
reason declared unconstitutional or invalid or ineffective by any court
of competent jurisdiction, such decision shall not affect the validity
of the effectiveness of the remaining portions of this act or any part
thereof.
§ 57. This act shall take effect immediately; provided, however, that
the amendments to section 17 of the alcoholic beverage control law made
by section fifty-one of this act shall not affect the expiration and
reversion of such section and shall expire and be deemed repealed there-
with, when upon such date the provisions of section fifty-two of this
act shall take effect.
co-Sponsors
(D) Senate District
(D) 36th Senate District
(D) 14th Senate District
(D) Senate District
(D, WF) 12th Senate District
(D) Senate District
(D, WF) 47th Senate District
(D) Senate District
(D, WF) 21st Senate District
(D, WF) Senate District
(D, WF) 33rd Senate District
(D) 32nd Senate District
(D, WF) 29th Senate District
2017-S3040C (ACTIVE) - Details
2017-S3040C (ACTIVE) - Summary
Enacts the "marihuana regulation and taxation act"; relates to the description of marihuana, and the growing of and use of marihuana by persons twenty-one years of age or older; makes technical changes regarding the definition of marihuana; relates to the qualification of certain offenses involving marihuana and exempts certain persons from prosecution for the use, consumption, display, production or distribution of marihuana
2017-S3040C (ACTIVE) - Sponsor Memo
BILL NUMBER: S3040C Revised 12/13/18
SPONSOR: KRUEGER
TITLE OF BILL:
An act to amend the public health law, in relation to the description of
marihuana, and the growing of and use of marihuana by persons twenty-one
years of age or older; to amend the civil practice law and rules, in
relation to removing certain references to marihuana relating to forfei-
ture actions; to amend the vehicle and traffic law, in relation to
making technical changes regarding the definition of marihuana; to amend
the penal law, in relation to the qualification of certain offenses
involving marihuana and to exempt certain persons from prosecution for
the use, consumption, display, production or distribution of marihuana;
to amend the alcoholic beverage control law, in relation to providing
for the licensure of persons authorized to produce, process and sell
marihuana; to amend the state finance law, in relation to establishing
the New York state marihuana revenue fund, the New York state drug
treatment education fund and the New York state community grants rein-
vestment fund; to amend the tax law, in relation to providing for the
levying of an excise tax on certain sales of marihuana; to amend the
criminal procedure law, the civil practice law and rules, the general
business law, the state finance law, the executive law, the penal law
and the vehicle and traffic law, in relation to making conforming chang- es; to amend the alcoholic beverage control law, in relation to alcohol or substance use disorder training awareness programs; to amend the state finance law, in relation to a revolving loan fund; to amend the family court act, in relation to making conforming changes; to repeal sections 221.05, 221.10, 221.15, 221.20, 221.25, 221.30, 221.35 and 221.40 of the penal law relating to the criminal possession and sale of marihuana; to repeal paragraph (f) of subdivision 2 of section 850 of the general business law relating to drug related paraphernalia; to repeal section 150.75 of the criminal procedure law relating to appear- ance tickets for certain marihuana offenses; and making an appropriation therefor PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to establish a regulated and taxed marijuana industry in New York, and to provide for various social and economic justice initiatives related thereto. SUMMARY OF PROVISIONS: Section one of the bill is the title. Section two of the bill is comprised of legislative findings and state- ments of purpose. Section three of the bill amends section 3302 of the Public Health Law to eliminate the definitions of Concentrated Cannabis and Marihuana from the controlled substances act. Section four of the bill amends section 3306 of the Public Health Law to remove the classification of marihuana as a schedule 1 hallucinogen on the schedules of controlled substances. Section five of the bill amends section 3382 of the Public Health Law to allow home cultivation of up to 6 marihuana plants by individuals twen- ty-one years or older. Section six of the bill amends section 1311 of the Civil Practice Law and Rules to exclude marihuana possession as grounds for a currency forfeiture action. Section seven of the bill amends section 3397-b of the public health law to make conforming changes in definition of marihuana. Section eight of the bill amends section 114a of the Vehicle and Traffic Law adding marihuana and concentrated cannabis to the definition of drug for purposes of driving under the influence. Section nine of the bill amends section 220.0 of the Penal Law to update the definition of marihuana and include a definition for concentrated cannabis as a controlled substance. Sections ten to twelve of the bill update cross references to amended sections of the penal law. Section thirteen of the bill amends section 220.50 of the Penal Law to exclude marihuana paraphernalia from criminal use of drug paraphernalia. Section fourteen of the bill repeals sections 221.05, 221.10, 221.15. 221. 20, 221.25, 221.30 and 221.40 related to illegal possession and sale of marihuana. Section fifteen of the bill adds new section 221.05 and 211.05-a to the Penal Law to establish conditions for legal personal use and cultivation of marihuana and penalties for violations of those conditions. Section sixteen of the bill amends section 221.45 of the Penal Law to define unlicensed sale of marihuana in the third degree. Section seventeen of the bill amends section 221.50 of the Penal Law bill to define unlicensed sale of marihuana in the second degree. Section eighteen of the bill amends section 221.55 of the Penal Law, to define unlicensed sale of marihuana in the first degrees. Section nineteen of the bill adds a new section 221.60 to the Penal Law establishing that those acting in compliance with the Alcohol Beverage Control Law are exempt from sections § 220 and § 221 of the New York Penal Law. Section twenty of the bill amends subdivision 8 of section 1399-n of the Public Health Law to include marihuana in list of substances subject to smoking regulations. Section twenty-one of the bill amends section 2 of the Alcoholic Bever- age Control Law to include regulation of marihuana products in the purpose of this chapter. Section twenty-two of the bill amends section 3 of the Alcoholic Bever- age Control Law to include definitions of Concentrated Cannabis, Mari- huana, and Marihuana consumers, processors, producer, products, infused products, retailer and retailer for on-premises consumption, and unrea- sonably impracticable. Section twenty-three of the bill amends section 65-b of the Alcoholic Beverage Control law to ban use of fraudulent documents for the purpose of purchasing marihuana products by persons under twenty-one years of age, and establishing procedures for sellers of marihuana products to prevent such sales. Section twenty-four of the bill amends section 65-c of the Alcoholic Beverage Control law to make possession of marihuana by those under twenty-one unlawful, and to establish penalties and requirements for completion of a drug awareness program for those who violate this section. Section twenty-five of the bill adds a new section 65-e to the Alcoholic Beverage Control law establishing restrictions for personal use of mari- huana, including smoking in public or where smoking tobacco is banned, possessing, smoking or ingesting on school grounds, and smoking or ingesting while operating a motor vehicle, and establishing penalties for violations of this section. Section twenty-six of the bill amends section 140 of the Alcoholic Beverage Control Law to extend the option of any town or city to ban sale of alcoholic beverages to sales of marihuana. Section twenty-seven of the bill amends section 141 of the Alcoholic Beverage Control Law to apply the rules governing referendum procedures for banning sales of alcohol by towns to sales of marihuana. Section twenty-eight of the bill amends section 142 of the Alcoholic Beverage Control Law to establish that sale of marihuana is prohibited in any city that passes a referendum against such sales. Section twenty-nine of the bill amends section 147 of the Alcoholic Beverage Control Law to establish that if the rules regarding future referendums will also apply to marihuana sales. Section thirty of the bill renumbers article 11 of the Alcoholic Bever- age Control Law as article 12 and sections 160, 161, 162, 163 and 164 as sections 200, 201, 202, 203 and 204. Section thirty-one of the bill adds a new Article 11 to the Alcoholic Beverage Control Law providing establishment of a bureau of marihuana policy to provide for the regulation of marihuana production, process- ing, testing, distribution and sale within the State Liquor Authority, establishing licensing and permitting rules, and providing for penalties for violations. Section thirty-two of the bill adds new sections 99-ff, 99-gg, and 99-hh to the State Finance law establishing the marihuana revenue fund, the drug treatment public education fund, and the community grants reinvest- ment funds. These funds will distribute revenue generated by this legis- lation for administrative costs, data tracking and reporting, program evaluation, public education, drug treatment and health education, and grants to support community-based programs providing services including job placement, job skills, adult education, mental health, legal services addressing barriers to reentry, women's health and other commu- nity-based supportive services in communities disproportionately affected by past federal and state drug policies. Section thirty-three of the bill adds a new Article 18-A to the New York Tax Code imposing an excise tax on marihuana and concentrated cannabis, and establishing a formula for distribution of the proceeds of this tax. Proceeds from the tax will be placed in a fund established by the comp- troller known as the marihuana revenue fund. Localities would also be authorized to, impose a sales tax of up to two percent on retail sales. Section thirty-four of the bill amends subdivision 3 of section 160.50 of the criminal procedure law to update references to clearing of records in criminal actions terminated in favor of the accused. Section thirty-five of the bill amends subdivision 4 of section 160.50 of the criminal procedure law to update references to provide for persons to apply for sealing of records. Section thirty-six of the bill amends section 170.56 of the criminal procedure law providing for suspension of court proceedings and adjourn- ment in contemplation of dismissal for exceptional circumstances in marihuana related violations. Section thirty-seven of the bill updates cross references in section 210.46 of the criminal procedure law. Section thirty-eight of the bill amends section 440.10 of the criminal procedure law to provide for vacating convictions based on marihuana possession in cases where the offense would no longer be a crime under this act. Section thirty-nine of the bill amends section 440.10 of the criminal procedure law to update cross references. Section forty of the bill adds a new section 440.46-a providing for motions to resentence persons convicted of marihuana offenses under penal laws prior to the passage of this legislation. Section forty-one through forty-three of the bill of the bill update cross references to amended sections of the criminal procedure law, civil practice law and rules, and general business law. Section forty-four of the bill repeals paragraph f of subdivision 2 of section 850 of the general business law. Section forty-five of the bill amends section 850 of the general busi- ness law to remove references to marihuana and hashish paraphernalia. Section forty-six of the bill updates cross references in the state finance law to amended sections in the alcoholic beverage control law. Section forty-seven through forty-nine of the bill update definitions and cross references in the executive law, penal law, and vehicle and traffic law. Section fifty of the bill updates section 1194 of the vehicle and traf- fic law to specify testing limits for marihuana content. Section fifty-one through fifty-four of the bill amends the alcoholic beverage control law to include the development of substance use disor- der training awareness programs within the powers of the authority. Section fifty-five of the bill repeals section 150.75 of the criminal procedure law. Section fifty-six of the bill updates cross references in the family court act. Section fifty-seven of the bill adds a new section 99-ii to the state finance law to establish a marihuana microbusiness and marihuana license revolving loan fund. Section fifty-eight of the bill provides for an appropriation of five million dollars to the State Liquor Authority for implementation of this act. Section fifty-nine of the bill is a severability clause. Section sixty of the bill is the effective date. DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION: The amended version of the bill provides technical amendments, clarifies that personal cultivation cannot be banned by local jurisdictions, clar- ifies that regulating/prohibiting marijuana retail licenses at the local level is vested with cities, towns, and villages, provides robust public outreach and education on license opportunities and other applicable regulations, provides maintenance of efforts related to state education funding, provides a more robust social equity plan that prioritizes licenses for small minority and women owned businesses, provides labor peace requirements for businesses with more than 25 employees, and establishes a revolving loan fund to assist license applicants obtain necessary capital, with a priority to give loans to small, minority, and women owned businesses. JUSTIFICATION: New York's marihuana policies are broken, unjust, and outdated. The Marihuana Regulation and Taxation Act (MRTA) is based on the recognition that New York's existing marihuana policies have failed to protect the welfare of our communities. Marihuana prohibition has thrust thousands of New Yorkers into the criminal justice system for non-violent offenses, inhibiting an otherwise law-abiding citizen's ability to access housing, student loans, employment opportunities, voting, and other vital services. Additionally, rather than curtailing youth-mari- huana usage, existing marihuana laws have led to an illicit market that has done little to address marihuana usage by minors. Existing marihuana laws have led to profligate spending of law enforce- ment resources, and discriminatory police practices that have perpet- uated systematic racism and discrimination increasing the prison popu- lation with non-violent offenders. Over the past two decades, New York has become the marihuana arrest capital of the country, with nearly 800,000 marihuana arrests and summons. These arrests disproportionately impact the lives of African-American and Latino communities. African-Americans and Latinos are swept into the criminal justice system for marihuana use, while whites are afforded impunity due to the color of their skin. While government studies show that whites of all ages use marihuana at the same rate as people of color, a stark difference in arrest rates remain. Across New York City, African-Americans are arrested on low-level marihuana charges at eight times the rate of white, non-hispanic people and Hispanics are arrested at five times the rate of whites. One of the largest drivers of racial disparity in criminalization and incarceration rates is the inequity of how the law is applied in marihuana arrests. The intent of this act is to regulate, control, and tax marihuana in a manner similar to alcohol. The MRTA will generate millions of dollars in new revenue, prevent access to marihuana by those under the age of twen- ty-one, reduce the illegal drug market and violent crime, reduce partic- ipation of otherwise law-abiding citizens in an illicit market and create new industries and increase employment. With the enactment of the MRTA the New York State Legislature has an opportunity to end the racially disparate impact of existing marihuana policies. Sixty million Americans now live in states where adult-marihuana is legal. Nationwide, public perception of marihuana is growing more favor- able, with 61% of the population supporting legalization. In NYC fatal drug overdoses are now four times more common than homicides. The New York Department of Health concluded that marihuana is a far safer pain reliever than opioids, and reduces the risk of fatal overdoses that are prevalent across the state and country. In states that have legalized marihuana, opioid overdose rates were 25% lower compared with states with no legal access to marihuana. Additionally, two-thirds of Americans also view marihuana as being safer than opioids in the management of pain. There are roughly 1.5 million regular marihuana users in New York, half of which live in New York City. In May of 2018, NYC Comptroller Stringer released a report which estimates a $3.1 billion adult-use marihuana market for New York State, with $1.1 billion just in New York City. With the enactment of the MRTA New York State could realize a projected $436 million in tax revenue, while New York City could accrue an additional $336 million in tax revenue. This legislation directs 50% of the tax revenue to establish the Commu- nity Grants Reinvestment Fund, aimed at giving back to the communities that have been the most disproportionately affected by current marihuana laws. States across the country that have recently legalized marihuana, from Massachusetts to Alaska, are reinvesting in programs that offer people a new start through community re-entry programs, schools, job development, drug treatment, and legal services. PRIOR LEGISLATIVE HISTORY: 2017-2018: S.3040C - Health/A.3506C Peoples-Stokes Codes 2015-2016: S.1747 - Health/A.3089A Peoples-Stokes Codes 2013-2014: S.6005 - Health/A.8341 Peoples-Stokes Codes FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Increase revenue for state and local governments. Fiscal implication assumptions for similar legislation implemented in Colorado, Amendment 64, estimated an annual revenue increase of 5-22 million dollars and an annual spending increase of .5-1.5 million dollars. Given the larger population of New York State this legislation should generate revenue substantially larger than these estimates. EFFECTIVE DATE: Immediately.
2017-S3040C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3040--C
2017-2018 Regular Sessions
I N S E N A T E
January 19, 2017
___________
Introduced by Sens. KRUEGER, ALCANTARA, BAILEY, COMRIE, DILAN, GIANARIS,
HAMILTON, HOYLMAN, MONTGOMERY, PARKER, PERALTA, RIVERA, SEPULVEDA,
SERRANO -- 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 commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Finance in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law, in relation to the description of
marihuana, and the growing of and use of marihuana by persons twenty-
one years of age or older; to amend the civil practice law and rules,
in relation to removing certain references to marihuana relating to
forfeiture actions; to amend the vehicle and traffic law, in relation
to making technical changes regarding the definition of marihuana; to
amend the penal law, in relation to the qualification of certain
offenses involving marihuana and to exempt certain persons from prose-
cution for the use, consumption, display, production or distribution
of marihuana; to amend the alcoholic beverage control law, in relation
to providing for the licensure of persons authorized to produce, proc-
ess and sell marihuana; to amend the state finance law, in relation to
establishing the New York state marihuana revenue fund, the New York
state drug treatment education fund and the New York state community
grants reinvestment fund; to amend the tax law, in relation to provid-
ing for the levying of an excise tax on certain sales of marihuana; to
amend the criminal procedure law, the civil practice law and rules,
the general business law, the state finance law, the executive law,
the penal law and the vehicle and traffic law, in relation to making
conforming changes; to amend the alcoholic beverage control law, in
relation to alcohol or substance use disorder training awareness
programs; to amend the state finance law, in relation to a revolving
loan fund; to amend the family court act, in relation to making
conforming changes; to repeal sections 221.05, 221.10, 221.15, 221.20,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05327-10-8
S. 3040--C 2
221.25, 221.30, 221.35 and 221.40 of the penal law relating to the
criminal possession and sale of marihuana; to repeal paragraph (f) of
subdivision 2 of section 850 of the general business law relating to
drug related paraphernalia; to repeal section 150.75 of the criminal
procedure law relating to appearance tickets for certain marihuana
offenses; and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "marihuana
regulation and taxation act".
§ 2. Legislative findings and intent. The legislature finds that
existing marihuana laws have not been beneficial to the welfare of the
general public. Existing laws have been ineffective in reducing or curb-
ing marihuana use and have instead resulted in devastating collateral
consequences that inhibit an otherwise law-abiding citizen's ability to
access housing, employment opportunities, and other vital services.
Existing laws have also created an illicit market which represents a
threat to public health and reduces the ability of the legislature to
deter the accessing of marihuana by minors. Existing marihuana laws have
also disproportionately impacted African-American and Latino communi-
ties.
The intent of this act is to regulate, control, and tax marihuana in a
manner similar to alcohol, generate millions of dollars in new revenue,
prevent access to marihuana by those under the age of twenty-one years,
reduce the illegal drug market and reduce violent crime, reduce partic-
ipation of otherwise law-abiding citizens in the illicit market, end the
racially disparate impact of existing marihuana laws and create new
industries and increase employment.
Nothing in this act is intended to limit the authority of any district
government agency or office or employers to enact and enforce policies
pertaining to marihuana in the workplace, to allow driving under the
influence of marihuana, to allow individuals to engage in conduct that
endangers others, to allow smoking marihuana in any location where smok-
ing tobacco is prohibited, or to require any individual to engage in any
conduct that violates federal law or to exempt anyone from any require-
ment of federal law or pose any obstacle to the federal enforcement of
federal law.
Nothing in this act is intended to limit any privileges or rights of a
medical marihuana patient or medical marihuana caregiver under the New
York Compassionate Care Act.
It is the intent of this act that no child shall be the subject of a
child neglect or abuse investigation or proceeding based solely on a
parent's alleged use of marihuana. A newborn child's positive toxicology
result for marihuana, is not sufficient on its own to support a finding
of child neglect or abuse. Enactment of this act shall provide suffi-
cient basis for New York state to favorably resolve open investigations
and to amend and seal individuals' family court records and records of
indicated child abuse or neglect reports currently in the statewide
central register of child abuse and maltreatment based solely on the use
of marihuana or where the reporter of suspected abuse or neglect was a
law enforcement agency or staff person and the report was based solely
upon the presence of a child during a marihuana-related arrest.
S. 3040--C 3
§ 3. Section 3302 of the public health law, as added by chapter 878 of
the laws of 1972, subdivisions 1, 14, 16, 17 and 27 as amended and
subdivisions 4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19, 20, 21, 22, 23, 24,
25, 26, 28, 29 and 30 as renumbered by chapter 537 of the laws of 1998,
subdivisions 9 and 10 as amended and subdivisions 34, 35, 36, 37, 38, 39
and 40 as added by chapter 178 of the laws of 2010, paragraph (a) of
subdivision 20, the opening paragraph of subdivision 22 and subdivision
29 as amended by chapter 163 of the laws of 1973, subdivision 31 as
amended by section 4 of part A of chapter 58 of the laws of 2004, subdi-
vision 41 as added by section 6 of part A of chapter 447 of the laws of
2012, and subdivisions 42 and 43 as added by section 13 of part D of
chapter 60 of the laws of 2014, is amended to read as follows:
§ 3302. Definitions of terms of general use in this article. Except
where different meanings are expressly specified in subsequent
provisions of this article, the following terms have the following mean-
ings:
1. "Addict" means a person who habitually uses a controlled substance
for a non-legitimate or unlawful use, and who by reason of such use is
dependent thereon.
2. "Administer" means the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject.
3. "Agent" means an authorized person who acts on behalf of or at the
direction of a manufacturer, distributor, or dispenser. No person may be
authorized to so act if under title VIII of the education law such
person would not be permitted to engage in such conduct. It does not
include a common or contract carrier, public warehouseman, or employee
of the carrier or warehouseman when acting in the usual and lawful
course of the carrier's or warehouseman's business.
4. ["Concentrated Cannabis" means
(a) the separated resin, whether crude or purified, obtained from a
plant of the genus Cannabis; or
(b) a material, preparation, mixture, compound or other substance
which contains more than two and one-half percent by weight of delta-9
tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering
system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
terpene numbering system.
5.] "Controlled substance" means a substance or substances listed in
section thirty-three hundred six of this [chapter] TITLE.
[6.] 5. "Commissioner" means commissioner of health of the state of
New York.
[7.] 6. "Deliver" or "delivery" means the actual, constructive or
attempted transfer from one person to another of a controlled substance,
whether or not there is an agency relationship.
[8.] 7. "Department" means the department of health of the state of
New York.
[9.] 8. "Dispense" means to deliver a controlled substance to an ulti-
mate user or research subject by lawful means, including by means of the
internet, and includes the packaging, labeling, or compounding necessary
to prepare the substance for such delivery.
[10.] 9. "Distribute" means to deliver a controlled substance, includ-
ing by means of the internet, other than by administering or dispensing.
[11.] 10. "Distributor" means a person who distributes a controlled
substance.
S. 3040--C 4
[12.] 11. "Diversion" means manufacture, possession, delivery or use
of a controlled substance by a person or in a manner not specifically
authorized by law.
[13.] 12. "Drug" means
(a) substances recognized as drugs in the official United States Phar-
macopoeia, official Homeopathic Pharmacopoeia of the United States, or
official National Formulary, or any supplement to any of them;
(b) substances intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; and
(c) substances (other than food) intended to affect the structure or a
function of the body of man or animal. It does not include devices or
their components, parts, or accessories.
[14.] 13. "Federal agency" means the Drug Enforcement Administration,
United States Department of Justice, or its successor agency.
[15.] 14. "Federal controlled substances act" means the Comprehensive
Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, and
any act or acts amendatory or supplemental thereto or regulations
promulgated thereunder.
[16.] 15. "Federal registration number" means such number assigned by
the Federal agency to any person authorized to manufacture, distribute,
sell, dispense or administer controlled substances.
[17.] 16. "Habitual user" means any person who is, or by reason of
repeated use of any controlled substance for non-legitimate or unlawful
use is in danger of becoming, dependent upon such substance.
[18.] 17. "Institutional dispenser" means a hospital, veterinary
hospital, clinic, dispensary, maternity home, nursing home, mental
hospital or similar facility approved and certified by the department as
authorized to obtain controlled substances by distribution and to
dispense and administer such substances pursuant to the order of a prac-
titioner.
[19.] 18. "License" means a written authorization issued by the
department or the New York state department of education permitting
persons to engage in a specified activity with respect to controlled
substances.
[20.] 19. "Manufacture" means the production, preparation, propa-
gation, compounding, cultivation, conversion or processing of a
controlled substance, either directly or indirectly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and
includes any packaging or repackaging of the substance or labeling or
relabeling of its container, except that this term does not include the
preparation, compounding, packaging or labeling of a controlled
substance:
(a) by a practitioner as an incident to his administering or dispens-
ing of a controlled substance in the course of his professional prac-
tice; or
(b) by a practitioner, or by his authorized agent under his super-
vision, for the purpose of, or as an incident to, research, teaching, or
chemical analysis and not for sale; or
(c) by a pharmacist as an incident to his dispensing of a controlled
substance in the course of his professional practice.
[21. "Marihuana" means all parts of the plant of the genus Cannabis,
whether growing or not; the seeds thereof; the resin extracted from any
part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin. It does not
include the mature stalks of the plant, fiber produced from the stalks,
S. 3040--C 5
oil or cake made from the seeds of the plant, any other compound, manu-
facture, salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the
sterilized seed of the plant which is incapable of germination.
22.] 20. "Narcotic drug" means any of the following, whether produced
directly or indirectly by extraction from substances of vegetable
origin, or independently by means of chemical synthesis, or by a combi-
nation of extraction and chemical synthesis:
(a) opium and opiate, and any salt, compound, derivative, or prepara-
tion of opium or opiate;
(b) any salt, compound, isomer, derivative, or preparation thereof
which is chemically equivalent or identical with any of the substances
referred to in [subdivision] PARAGRAPH (a) OF THIS SUBDIVISION, but not
including the isoquinoline alkaloids of opium;
(c) opium poppy and poppy straw.
[23.] 21. "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining
liability. It does not include, unless specifically designated as
controlled under section [3306] THIRTY-THREE HUNDRED SIX of this [arti-
cle] TITLE, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and
its salts (dextromethorphan). It does include its racemic and levorota-
tory forms.
[24.] 22. "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
[25.] 23. "Person" means individual, institution, corporation, govern-
ment or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other legal entity.
[26.] 24. "Pharmacist" means any person licensed by the state depart-
ment of education to practice pharmacy.
[27.] 25. "Pharmacy" means any place registered as such by the New
York state board of pharmacy and registered with the Federal agency
pursuant to the federal controlled substances act.
[28.] 26. "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.
[29.] 27. "Practitioner" means:
A physician, dentist, podiatrist, veterinarian, scientific investi-
gator, or other person licensed, or otherwise permitted to dispense,
administer or conduct research with respect to a controlled substance in
the course of a licensed professional practice or research licensed
pursuant to this article. Such person shall be deemed a "practitioner"
only as to such substances, or conduct relating to such substances, as
is permitted by his license, permit or otherwise permitted by law.
[30.] 28. "Prescribe" means a direction or authorization, by
prescription, permitting an ultimate user lawfully to obtain controlled
substances from any person authorized by law to dispense such
substances.
[31.] 29. "Prescription" shall mean an official New York state
prescription, an electronic prescription, an oral prescription[,] OR an
out-of-state prescription[, or any one].
[32.] 30. "Sell" means to sell, exchange, give or dispose of to anoth-
er, or offer or agree to do the same.
[33.] 31. "Ultimate user" means a person who lawfully obtains and
possesses a controlled substance for his own use or the use by a member
of his household or for an animal owned by him or in his custody. It
shall also mean and include a person designated, by a practitioner on a
S. 3040--C 6
prescription, to obtain such substance on behalf of the patient for whom
such substance is intended.
[34.] 32. "Internet" means collectively computer and telecommuni-
cations facilities which comprise the worldwide network of networks that
employ a set of industry standards and protocols, or any predecessor or
successor protocol to such protocol, to exchange information of all
kinds. "Internet," as used in this article, also includes other
networks, whether private or public, used to transmit information by
electronic means.
[35.] 33. "By means of the internet" means any sale, delivery,
distribution, or dispensing of a controlled substance that uses the
internet, is initiated by use of the internet or causes the internet to
be used.
[36.] 34. "Online dispenser" means a practitioner, pharmacy, or person
in the United States that sells, delivers or dispenses, or offers to
sell, deliver, or dispense, a controlled substance by means of the
internet.
[37.] 35. "Electronic prescription" means a prescription issued with
an electronic signature and transmitted by electronic means in accord-
ance with regulations of the commissioner and the commissioner of educa-
tion and consistent with federal requirements. A prescription generated
on an electronic system that is printed out or transmitted via facsimile
is not considered an electronic prescription and must be manually
signed.
[38.] 36. "Electronic" means of or relating to technology having elec-
trical, digital, magnetic, wireless, optical, electromagnetic or similar
capabilities. "Electronic" shall not include facsimile.
[39.] 37. "Electronic record" means a paperless record that is
created, generated, transmitted, communicated, received or stored by
means of electronic equipment and includes the preservation, retrieval,
use and disposition in accordance with regulations of the commissioner
and the commissioner of education and in compliance with federal law and
regulations.
[40.] 38. "Electronic signature" means an electronic sound, symbol, or
process, attached to or logically associated with an electronic record
and executed or adopted by a person with the intent to sign the record,
in accordance with regulations of the commissioner and the commissioner
of education.
[41.] 39. "Registry" or "prescription monitoring program registry"
means the prescription monitoring program registry established pursuant
to section thirty-three hundred forty-three-a of this article.
[42.] 40. "Compounding" means the combining, admixing, mixing, dilut-
ing, pooling, reconstituting, or otherwise altering of a drug or bulk
drug substance to create a drug with respect to an outsourcing facility
under section 503B of the federal Food, Drug and Cosmetic Act and
further defined in this section.
[43.] 41. "Outsourcing facility" means a facility that:
(a) is engaged in the compounding of sterile drugs as defined in
section sixty-eight hundred two of the education law;
(b) is currently registered as an outsourcing facility pursuant to
article one hundred thirty-seven of the education law; and
(c) complies with all applicable requirements of federal and state
law, including the Federal Food, Drug and Cosmetic Act.
Notwithstanding any other provision of law to the contrary, when an
outsourcing facility distributes or dispenses any drug to any person
pursuant to a prescription, such outsourcing facility shall be deemed to
S. 3040--C 7
be providing pharmacy services and shall be subject to all laws, rules
and regulations governing pharmacies and pharmacy services.
§ 4. Paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28, 29, 30, 31 and 32 of subdivision (d) of schedule I of
section 3306 of the public health law, paragraphs 13, 14, 15, 16, 17,
18, 19, 20, 21, 22, 23 and 24 as added by chapter 664 of the laws of
1985, paragraphs 25, 26, 27, 28, 29 and 30 as added by chapter 589 of
the laws of 1996 and paragraphs 31 and 32 as added by chapter 457 of the
laws of 2006, are amended to read as follows:
(13) [Marihuana.
(14)] Mescaline.
[(15)] (14) Parahexyl. Some trade or other names: 3-Hexyl-1-hydroxy-
7,8,9,10-tetra hydro-6,6,9-trimethyl-6H-dibenfo{b,d} pyran.
[(16)] (15) Peyote. Meaning all parts of the plant presently classi-
fied botanically as Lophophora williamsii Lemaire, whether growing or
not, the seeds thereof, any extract from any part of such plant, and
every compound, manufacture, salts, derivative, mixture, or preparation
of such plant, its seeds or extracts.
[(17)] (16) N-ethyl-3-piperidyl benzilate.
[(18)] (17) N-methyl-3-piperidyl benzilate.
[(19)] (18) Psilocybin.
[(20)] (19) Psilocyn.
[(21)] (20) Tetrahydrocannabinols. Synthetic TETRAHYDROCANNABINOLS NOT
DERIVED FROM THE CANNABIS PLANT THAT ARE equivalents of the substances
contained in the plant, or in the resinous extractives of cannabis, sp.
and/or synthetic substances, derivatives, and their isomers with similar
chemical structure and pharmacological activity such as the following:
[/\] DELTA 1 cis or trans tetrahydrocannabinol, and their optical
isomers
[/\] DELTA 6 cis or trans tetrahydrocannabinol, and their optical
isomers
[/\] DELTA 3, 4 cis or trans tetrahydrocannabinol, and its optical
isomers (since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of numerical
designation of atomic positions covered).
[(22)] (21) Ethylamine analog of phencyclidine. Some trade or other
names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethyla-
mine, N-(1-phenylcyclohexyl) ethylamine cyclohexamine, PCE.
[(23)] (22) Pyrrolidine analog of phencyclidine. Some trade or other
names 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy, PHP.
[(24)] (23) Thiophene analog of phencyclidine. Some trade or other
names: 1-{1-(2-thienyl)-cyclohexyl}-piperidine, 2-thienylanalog of
phencyclidine, TPCP, TCP.
[(25)] (24) 3,4-methylenedioxymethamphetamine (MDMA).
[(26)] (25) 3,4-methylendioxy-N-ethylamphetamine (also known as
N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA,
MDE, MDEA.
[(27)] (26) N-hydroxy-3,4-methylenedioxyamphetamine (also known as
N-hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and
N-hydroxy MDA.
[(28)] (27) 1-{1- (2-thienyl) cyclohexyl} pyrrolidine. Some other
names: TCPY.
[(29)] (28) Alpha-ethyltryptamine. Some trade or other names:
etryptamine; Monase; Alpha-ethyl-1H-indole-3-ethanamine;
3- (2-aminobutyl) indole; Alpha-ET or AET.
S. 3040--C 8
[(30)] (29) 2,5-dimethoxy-4-ethylamphetamine. Some trade or other
names: DOET.
[(31)] (30) 4-Bromo-2,5-dimethoxyphenethylamine. Some trade or other
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl
DOB; 2C-B, Nexus.
[(32)] (31) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its
optical isomers, salts and salts of isomers.
§ 5. Section 3382 of the public health law, as added by chapter 878 of
the laws of 1972, is amended to read as follows:
§ 3382. Growing of the plant known as Cannabis by unlicensed persons.
A person who, without being licensed so to do under this article, grows
the plant of the genus Cannabis or knowingly allows it to grow on his
land without destroying the same, shall be guilty of a class A misdemea-
nor, UNLESS THE PERSON GROWS IN ACCORDANCE WITH SECTIONS 221.05 AND
221.05-A OF THE PENAL LAW.
§ 6. Paragraph (d) of subdivision 3, subdivision 3-a and paragraphs
(a) and (b) of subdivision 11 of section 1311 of the civil practice law
and rules, paragraph (d) of subdivision three and subdivision 3-a as
added by chapter 655 of the laws of 1990 and paragraphs (a) and (b) of
subdivision 11 as amended by section 47 of part A-1 of chapter 56 of the
laws of 2010, are amended to read as follows:
(d) In a forfeiture action commenced by a claiming authority against a
defendant, the following rebuttable presumption shall apply: all curren-
cy or negotiable instruments payable to the bearer shall be presumed to
be the proceeds of a pre-conviction forfeiture crime when such currency
or negotiable instruments are (i) found in close proximity to a
controlled substance unlawfully possessed by the defendant in an amount
sufficient to constitute a violation of section 220.18 or 220.21 of the
penal law, or (ii) found in close proximity to any quantity of a
controlled substance [or marihuana] unlawfully possessed by such defend-
ant in a room, other than a public place, under circumstances evincing
an intent to unlawfully mix, compound, distribute, package or otherwise
prepare for sale such controlled substance [or marihuana].
3-a. Conviction of a person in a criminal action upon an accusatory
instrument which includes one or more of the felonies specified in
subdivision four-b of section thirteen hundred ten of this article, of
any felony other than such felonies, shall not preclude a defendant, in
any subsequent proceeding under this article where that conviction is at
issue, from adducing evidence that the conduct underlying the conviction
would not establish the elements of any of the felonies specified in
such subdivision other than the one to which the criminal defendant pled
guilty. If the defendant does adduce such evidence, the burden shall be
upon the claiming authority to prove, by clear and convincing evidence,
that the conduct underlying the criminal conviction would establish the
elements of the felony specified in such subdivision. Nothing contained
in this subdivision shall affect the validity of a settlement of any
forfeiture action negotiated between the claiming authority and a crimi-
nal defendant contemporaneously with the taking of a plea of guilty in a
criminal action to any felony defined in article two hundred twenty [or
section 221.30 or 221.55] of the penal law, or to a felony conspiracy to
commit the same.
(a) Any stipulation or settlement agreement between the parties to a
forfeiture action shall be filed with the clerk of the court in which
the forfeiture action is pending. No stipulation or settlement agreement
shall be accepted for filing unless it is accompanied by an affidavit
from the claiming authority that written notice of the stipulation or
S. 3040--C 9
settlement agreement, including the terms of such, has been given to the
office of victim services, the state division of criminal justice
services[, and in the case of a forfeiture based on a felony defined in
article two hundred twenty or section 221.30 or 221.55 of the penal law,
to the state division of substance abuse services].
(b) No judgment or order of forfeiture shall be accepted for filing
unless it is accompanied by an affidavit from the claiming authority
that written notice of judgment or order, including the terms of such,
has been given to the office of victim services, the state division of
criminal justice services[, and in the case of a forfeiture based on a
felony defined in article two hundred twenty or section 221.30 or 221.55
of the penal law, to the state division of substance abuse services].
§ 7. Subdivision 1 of section 3397-b of the public health law, as
added by chapter 810 of the laws of 1980, is amended to read as follows:
1. ["Marijuana"] "MARIHUANA" means [marijuana] MARIHUANA as defined in
[section thirty-three hundred two of this chapter] SUBDIVISION SIX OF
SECTION 220.00 OF THE PENAL LAW and shall also include tetrahydrocanna-
binols or a chemical derivative of tetrahydrocannabinol.
§ 8. Section 114-a of the vehicle and traffic law, as added by chapter
163 of the laws of 1973, is amended to read as follows:
§ 114-a. Drug. The term "drug" when used in this chapter, means and
includes any substance listed in section thirty-three hundred six of the
public health law AND MARIHUANA AND CONCENTRATED CANNABIS AS DEFINED IN
SECTION 220.00 OF THE PENAL LAW.
§ 9. Subdivisions 5, 6 and 9 of section 220.00 of the penal law,
subdivision 5 as amended by chapter 537 of the laws of 1998, subdivision
6 as amended by chapter 1051 of the laws of 1973 and subdivision 9 as
amended by chapter 664 of the laws of 1985, are amended and two new
subdivisions 21 and 22 are added to read as follows:
5. "Controlled substance" means any substance listed in schedule I,
II, III, IV or V of section thirty-three hundred six of the public
health law other than marihuana, but including concentrated cannabis as
defined in [paragraph (a) of subdivision four of section thirty-three
hundred two of such law] SUBDIVISION TWENTY-ONE OF THIS SECTION.
6. "Marihuana" means ["marihuana" or "concentrated cannabis" as those
terms are defined in section thirty-three hundred two of the public
health law] ALL PARTS OF THE PLANT OF THE GENUS CANNABIS, WHETHER GROW-
ING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY PART OF THE
PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR
PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT INCLUDE THE
MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS, OIL OR CAKE
MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANUFACTURE, SALT,
DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS (EXCEPT THE
RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE STERILIZED SEED
OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES NOT INCLUDE ALL
PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING OR NOT, HAVING NO
MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNABINOL (THC).
9. "Hallucinogen" means any controlled substance listed in [schedule
I(d)] PARAGRAPHS (5), [(18), (19), (20), (21) and (22)] (17), (18),
(19), (20) AND (21) OF SUBDIVISION (D) OF SCHEDULE I OF SECTION THIRTY-
THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
21. "CONCENTRATED CANNABIS" MEANS:
(A) THE SEPARATED RESIN, WHETHER CRUDE OR PURIFIED, OBTAINED FROM A
PLANT OF THE GENUS CANNABIS; OR
(B) A MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE
WHICH CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDRO-
S. 3040--C 10
CANNABINOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR
DELTA-1 TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE
NUMBERING SYSTEM.
22. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS CONTAINING CONCENTRATED MARIHUANA OR CANNABIS
AND OTHER INGREDIENTS.
§ 10. Subdivision 4 of section 220.06 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
4. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in [paragraph (a) of subdi-
vision four of section thirty-three hundred two of the public health
law] SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE and said
preparations, compounds, mixtures or substances are of an aggregate
weight of one-fourth ounce or more; or
§ 11. Subdivision 10 of section 220.09 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
10. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in [paragraph (a) of subdi-
vision four of section thirty-three hundred two of the public health
law] SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE and said
preparations, compounds, mixtures or substances are of an aggregate
weight of one ounce or more; or
§ 12. Subdivision 3 of section 220.34 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
3. concentrated cannabis as defined in [paragraph (a) of subdivision
four of section thirty-three hundred two of the public health law]
SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE; or
§ 13. Section 220.50 of the penal law, as amended by chapter 627 of
the laws of 1990, is amended to read as follows:
§ 220.50 Criminally using drug paraphernalia in the second degree.
A person is guilty of criminally using drug paraphernalia in the
second degree when he knowingly possesses or sells:
1. Diluents, dilutants or adulterants, including but not limited to,
any of the following: quinine hydrochloride, mannitol, mannite, lactose
or dextrose, adapted for the dilution of narcotic drugs or stimulants
under circumstances evincing an intent to use, or under circumstances
evincing knowledge that some person intends to use, the same for
purposes of unlawfully mixing, compounding, or otherwise preparing any
narcotic drug or stimulant, OTHER THAN MARIHUANA OR CONCENTRATED CANNA-
BIS; or
2. Gelatine capsules, glassine envelopes, vials, capsules or any other
material suitable for the packaging of individual quantities of narcotic
drugs or stimulants under circumstances evincing an intent to use, or
under circumstances evincing knowledge that some person intends to use,
the same for the purpose of unlawfully manufacturing, packaging or
dispensing of any narcotic drug or stimulant, OTHER THAN MARIHUANA OR
CONCENTRATED CANNABIS; or
3. Scales and balances used or designed for the purpose of weighing or
measuring controlled substances, under circumstances evincing an intent
to use, or under circumstances evincing knowledge that some person
intends to use, the same for purpose of unlawfully manufacturing, pack-
aging or dispensing of any narcotic drug or stimulant, OTHER THAN MARI-
HUANA OR CONCENTRATED CANNABIS.
Criminally using drug paraphernalia in the second degree is a class A
misdemeanor.
S. 3040--C 11
§ 14. Sections 221.05, 221.10, 221.15, 221.20, 221.25, 221.30, 221.35
and 221.40 of the penal law are REPEALED.
§ 15. The penal law is amended by adding two new sections 221.05 and
221.05-a to read as follows:
§ 221.05 PERSONAL USE OF MARIHUANA.
1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE FOLLOWING
ACTS ARE LAWFUL UNDER STATE AND LOCAL LAW FOR PERSONS TWENTY-ONE YEARS
OF AGE AND OLDER:
(A) POSSESSING, USING, BEING UNDER THE INFLUENCE, DISPLAYING, PURCHAS-
ING, OBTAINING, OR TRANSPORTING UP TO TWO POUNDS OF MARIHUANA AND FOUR
AND ONE-HALF OUNCES OF CONCENTRATED CANNABIS;
(B) TRANSFERRING, WITHOUT REMUNERATION, TO A PERSON TWENTY-ONE YEARS
OF AGE AND OLDER UP TO TWO POUNDS OF MARIHUANA AND FOUR AND ONE-HALF
OUNCES OF CONCENTRATED CANNABIS;
(C) POSSESSING, PLANTING, CULTIVATING, HARVESTING, DRYING, PROCESSING
OR TRANSPORTING NOT MORE THAN SIX LIVING MARIHUANA PLANTS AND POSSESSING
THE MARIHUANA AND CONCENTRATED CANNABIS PRODUCED BY THE PLANTS;
(D) SMOKING, INGESTING OR OTHERWISE CONSUMING MARIHUANA PRODUCTS;
(E) POSSESSING, USING, DISPLAYING, PURCHASING, OBTAINING, MANUFACTUR-
ING, TRANSPORTING OR GIVING AWAY TO PERSONS TWENTY-ONE YEARS OF AGE AND
OLDER MARIHUANA OR CONCENTRATED CANNABIS PARAPHERNALIA; AND
(F) ASSISTING ANOTHER PERSON WHO IS TWENTY-ONE YEARS OF AGE AND OLDER
OR ALLOW PROPERTY TO BE USED IN ANY OF THE ACTS DESCRIBED IN PARAGRAPHS
(A) THROUGH (E) OF THIS SUBDIVISION.
2. PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION IS INTENDED TO
MEET THE REQUIREMENTS OF SUBSECTION (F) OF SECTION 863 OF TITLE TWENTY-
ONE OF THE UNITED STATES CODE (21 U.S.C. § 863 (F)) BY AUTHORIZING,
UNDER STATE LAW, ANY PERSON IN COMPLIANCE WITH THIS SECTION TO MANUFAC-
TURE, POSSESS, OR DISTRIBUTE MARIHUANA PARAPHERNALIA.
3. MARIHUANA PRODUCTS INVOLVED IN ANY WAY WITH CONDUCT DEEMED LAWFUL
BY THIS SECTION ARE NOT CONTRABAND NOR SUBJECT TO SEIZURE OR FORFEITURE
OF ASSETS UNDER ARTICLE FOUR HUNDRED EIGHTY OF THIS CHAPTER, SECTION
THIRTEEN HUNDRED ELEVEN OF THE CIVIL PRACTICE LAW AND RULES, OR OTHER
APPLICABLE LAW, AND NO CONDUCT DEEMED LAWFUL BY THIS SECTION SHALL
CONSTITUTE THE BASIS FOR APPROACH, SEARCH, SEIZURE, ARREST, AND/OR
DETENTION.
4. (A) EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, NONE OF
THE FOLLOWING SHALL, INDIVIDUALLY OR IN COMBINATION WITH EACH OTHER,
CONSTITUTE REASONABLE SUSPICION OF A CRIME OR BE USED AS EVIDENCE IN ANY
CRIMINAL PROCEEDING:
(1) THE ODOR OF MARIHUANA OR OF BURNT MARIHUANA;
(2) THE POSSESSION OF OR THE SUSPICION OF POSSESSION OF MARIHUANA
PRODUCTS;
(3) THE POSSESSION OF MULTIPLE CONTAINERS OF MARIHUANA WITHOUT
EVIDENCE OF MARIHUANA QUANTITY IN EXCESS OF SIXTEEN OUNCES OR CONCEN-
TRATED CANNABIS QUANTITY IN EXCESS OF FOUR AND ONE-HALF OUNCES; OR
(4) THE PRESENCE OF CASH OR CURRENCY CANNOT BE USED AS EVIDENCE IN ANY
CASES INVOLVING UNLICENSED SALE OF MARIHUANA.
(B) THE POSSESSION OF NOT MORE THAN TWO POUNDS OF MARIHUANA OR NOT
MORE THAN FOUR AND ONE-HALF OUNCES OF CONCENTRATED CANNABIS CANNOT BE
USED AS EVIDENCE IN ANY CASES INVOLVING UNLICENSED SALE OF MARIHUANA.
5. SUBDIVISION FOUR OF THIS SECTION SHALL NOT APPLY WHEN A LAW
ENFORCEMENT OFFICER IS INVESTIGATING WHETHER A PERSON IS OPERATING OR IN
PHYSICAL CONTROL OF A VEHICLE OR WATERCRAFT WHILE INTOXICATED, UNDER THE
INFLUENCE OF, OR IMPAIRED BY ALCOHOL OR A DRUG OR ANY COMBINATION THERE-
S. 3040--C 12
OF IN VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
TRAFFIC LAW.
6. POSSESSION OF GREATER THAN TWO POUNDS OF MARIHUANA AND GREATER THAN
FOUR AND ONE-HALF OUNCES OF CONCENTRATED CANNABIS IS A VIOLATION PUNISH-
ABLE BY A FINE OF NOT MORE THAN ONE HUNDRED TWENTY-FIVE DOLLARS PER
OFFENSE.
§ 221.05-A PERSONAL CULTIVATION OF MARIHUANA.
1. PERSONAL CULTIVATION OF MARIHUANA UNDER PARAGRAPH (C) OF SUBDIVI-
SION ONE OF SECTION 221.05 OF THIS ARTICLE IS SUBJECT TO THE FOLLOWING
RESTRICTIONS:
(A) A PERSON SHALL PLANT, CULTIVATE, HARVEST, DRY, OR PROCESS PLANTS
IN ACCORDANCE WITH LOCAL ORDINANCES, IF ANY, ADOPTED IN ACCORDANCE WITH
SUBDIVISION TWO OF THIS SECTION;
(B) THE LIVING PLANTS AND ANY MARIHUANA PRODUCED BY THE PLANTS IN
EXCESS OF TWO POUNDS ARE KEPT WITHIN THE PERSON'S PRIVATE RESIDENCE, OR
UPON THE GROUNDS OF THAT PRIVATE RESIDENCE (E.G., IN AN OUTDOOR GARDEN
AREA), ARE IN A LOCKED SPACE, AND ARE NOT VISIBLE BY NORMAL UNAIDED
VISION FROM A PUBLIC PLACE; AND
(C) NOT MORE THAN SIX LIVING PLANTS MAY BE PLANTED, CULTIVATED,
HARVESTED, DRIED, OR PROCESSED WITHIN A SINGLE PRIVATE RESIDENCE, OR
UPON THE GROUNDS OF THAT PRIVATE RESIDENCE, AT ONE TIME.
2. (A) A TOWN, CITY OR VILLAGE MAY ENACT AND ENFORCE REASONABLE REGU-
LATIONS TO REASONABLY REGULATE THE ACTIONS AND CONDUCT IN PARAGRAPH (C)
OF SUBDIVISION ONE OF SECTION 221.05 OF THIS ARTICLE, PROVIDED THAT A
VIOLATION OF SUCH A REGULATION IS ONLY SUBJECT TO AN INFRACTION AND
FINE.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NO TOWN, CITY
OR VILLAGE MAY COMPLETELY PROHIBIT PERSONS ENGAGING IN THE ACTIONS AND
CONDUCT UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 221.05 OF THIS
ARTICLE.
3. A VIOLATION OF SUBDIVISION ONE OR TWO OF THIS SECTION IS A
VIOLATION PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED TWENTY-FIVE
DOLLARS PER OFFENSE.
§ 16. Section 221.45 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
§ 221.45 [Criminal] UNLICENSED sale of marihuana in the third degree.
A person is guilty of [criminal] UNLICENSED sale of marihuana in the
third degree when he knowingly and unlawfully sells [one or more prepa-
rations, compounds, mixtures or substances containing marihuana and the
preparations, compounds, mixtures or substances are of an aggregate
weight of more than twenty-five grams] WITH REMUNERATION NOT MORE THAN
TWO POUNDS OF MARIHUANA OR NOT MORE THAN FOUR AND ONE-HALF OUNCES OF
CONCENTRATED CANNABIS, NOT INCLUDING THE WEIGHT OF ANY OTHER INGREDIENT
COMBINED WITH MARIHUANA TO PREPARE TOPICAL OR ORAL ADMINISTRATIONS,
FOOD, DRINK, OR OTHER PRODUCT.
[Criminal] UNLICENSED sale of marihuana in the third degree is [a
class E felony] SUBJECT TO THE FOLLOWING:
1. A VIOLATION PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED TWEN-
TY-FIVE DOLLARS, FOR A FIRST OFFENSE;
2. A VIOLATION PUBLISHABLE BY A FINE OF NOT MORE THAN TWO HUNDRED
FIFTY DOLLARS FOR A SECOND OFFENSE;
3. A CLASS B MISDEMEANOR AND A FINE OF NOT MORE THAN FIVE HUNDRED
DOLLARS FOR A THIRD OR SUBSEQUENT OFFENSE.
S. 3040--C 13
§ 17. Section 221.50 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
§ 221.50 [Criminal] UNLICENSED sale of marihuana in the second degree.
A person TWENTY-ONE YEARS OF AGE AND OLDER is guilty of [criminal]
UNLICENSED sale of marihuana in the second degree when he knowingly and
unlawfully sells one or more preparations, compounds, mixtures or
substances containing marihuana and the preparations, compounds,
mixtures or substances are of an aggregate weight of more than four
ounces, or knowingly and unlawfully sells one or more preparations,
compounds, mixtures [or substances containing marihuana] to a person
less than [eighteen] TWENTY-ONE years of age.
[Criminal] UNLICENSED sale of marihuana in the second degree is a
class [D] E felony.
§ 18. Section 221.55 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
§ 221.55 [Criminal] UNLICENSED sale of marihuana in the first degree.
A person is guilty of [criminal] UNLICENSED sale of marihuana in the
first degree when he knowingly and unlawfully sells TO A PERSON LESS
THAN TWENTY-ONE YEARS OF AGE one or more preparations, compounds,
mixtures or substances containing marihuana and the preparations,
compounds, mixtures or substances are of an aggregate weight of more
than sixteen ounces.
[Criminal] UNLICENSED sale of marihuana in the first degree is a class
[C] E felony.
§ 19. The penal law is amended by adding a new section 221.60 to read
as follows:
§ 221.60 LICENSING OF MARIHUANA PRODUCTION AND DISTRIBUTION.
THE PROVISIONS OF THIS ARTICLE AND OF ARTICLE TWO HUNDRED TWENTY OF
THIS TITLE SHALL NOT APPLY TO ANY PERSON EXEMPTED FROM CRIMINAL PENAL-
TIES PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR POSSESSING, MANUFAC-
TURING, TRANSPORTING, DISTRIBUTING, SELLING OR TRANSFERRING MARIHUANA OR
CONCENTRATED CANNABIS, OR ENGAGED IN ANY OTHER ACTION THAT IS IN COMPLI-
ANCE WITH ARTICLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
§ 20. Subdivision 8 of section 1399-n of the public health law, as
amended by chapter 13 of the laws of 2003, is amended to read as
follows:
8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains tobacco OR MARIHUANA;
PROVIDED THAT IT DOES NOT INCLUDE THE USE OF AN ELECTRONIC SMOKING
DEVICE THAT CREATES AN AEROSOL OR VAPOR, UNLESS LOCAL OR STATE STATUTES
EXTEND PROHIBITIONS ON SMOKING TO ELECTRONIC SMOKING DEVICES.
§ 21. Section 2 of the alcoholic beverage control law, as amended by
chapter 406 of the laws of 2014, is amended to read as follows:
§ 2. Policy of state and purpose of chapter. It is hereby declared as
the policy of the state that it is necessary to regulate and control the
manufacture, sale and distribution within the state of alcoholic bever-
ages AND MARIHUANA PRODUCTS for the purpose of fostering and promoting
temperance in their consumption and respect for and obedience to law;
for the primary purpose of promoting the health, welfare and safety of
the people of the state, promoting temperance in the consumption of
alcoholic beverages AND MARIHUANA PRODUCTS; and, to the extent possible,
supporting economic growth, job development, and the state's alcoholic
beverage production industries, MARIHUANA PRODUCTION INDUSTRIES and its
tourism and recreation industry; and which promotes the conservation and
S. 3040--C 14
enhancement of state agricultural lands; provided that such activities
do not conflict with the primary regulatory objectives of this chapter.
It is hereby declared that such policies will best be carried out by
empowering the liquor authority of the state to determine whether public
convenience and advantage will be promoted by the issuance of licenses
to traffic in alcoholic beverages AND MARIHUANA PRODUCTS, the increase
or decrease in the number thereof and the location of premises licensed
thereby, subject only to the right of judicial review provided for in
this chapter. It is the purpose of this chapter to carry out these poli-
cies in the public interest.
§ 22. Subdivisions 20-a, 20-b, 20-c, 20-d and 20-e of section 3 of the
alcoholic beverage control law are renumbered subdivisions 20-j, 20-k,
20-l, 20-m and 20-n and ten new subdivisions 7-e, 20-a, 20-b, 20-c,
20-d, 20-e, 20-f, 20-g, 20-h and 20-i are added to read as follows:
7-E. "CONCENTRATED CANNABIS" MEANS: (A) THE SEPARATED RESIN, WHETHER
CRUDE OR PURIFIED, OBTAINED FROM A PLANT OF THE GENUS CANNABIS; OR
(B) A MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE
WHICH CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDRO-
CANNABINOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR
DELTA-1 TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE
NUMBERING SYSTEM.
20-A. "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,
WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY
PART OF THE PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE,
MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT
INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS,
OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-
FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS
(EXCEPT THE RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE
STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES
NOT INCLUDE ALL PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING
OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-
BINOL (THC).
20-B. "MARIHUANA CONSUMER" MEANS A PERSON TWENTY-ONE YEARS OF AGE OR
OLDER WHO PURCHASES MARIHUANA OR MARIHUANA PRODUCTS FOR PERSONAL USE BY
PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.
20-C. "MARIHUANA PROCESSOR" MEANS A PERSON LICENSED BY THE BUREAU TO
PURCHASE MARIHUANA AND CONCENTRATED CANNABIS FROM MARIHUANA PRODUCERS,
TO PROCESS MARIHUANA, CONCENTRATED CANNABIS, AND MARIHUANA INFUSED
PRODUCTS, PACKAGE AND LABEL MARIHUANA, CONCENTRATED CANNABIS AND MARI-
HUANA INFUSED PRODUCTS FOR SALE IN RETAIL OUTLETS, AND SELL MARIHUANA,
CONCENTRATED CANNABIS AND MARIHUANA INFUSED PRODUCTS AT WHOLESALE TO
MARIHUANA RETAILERS.
20-D. "MARIHUANA PRODUCER" MEANS A PERSON LICENSED BY THE BUREAU TO
PRODUCE, PROCESS, AND SELL MARIHUANA AND CONCENTRATED CANNABIS AT WHOLE-
SALE TO MARIHUANA PROCESSORS, MARIHUANA RETAILERS, OR OTHER MARIHUANA
PRODUCERS, BUT NOT TO CONSUMERS.
20-E. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS.
20-F. "MARIHUANA-INFUSED PRODUCTS" MEANS PRODUCTS THAT CONTAIN MARI-
HUANA, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR HUMAN USE OR
CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS, OINTMENTS,
AND TINCTURES.
20-G. "MARIHUANA RETAILER" MEANS A PERSON LICENSED BY THE BUREAU TO
PURCHASE MARIHUANA, CONCENTRATED CANNABIS, AND MARIHUANA-INFUSED
PRODUCTS FROM MARIHUANA PRODUCERS AND MARIHUANA PROCESSORS AND SELL
S. 3040--C 15
MARIHUANA, MARIHUANA INFUSED PRODUCTS, AND CONCENTRATED CANNABIS IN A
RETAIL OUTLET.
20-H. "MARIHUANA RETAILER FOR ON-PREMISES CONSUMPTION" MEANS A PERSON
LICENSED BY THE BUREAU TO PURCHASE MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA INFUSED PRODUCTS FROM MARIHUANA PRODUCERS, MARIHUANA RETAIL-
ERS, AND MARIHUANA PROCESSORS AND SELL MARIHUANA PRODUCTS FOR A CUSTOMER
TO CONSUME WHILE THE CUSTOMER IS WITHIN A FACILITY.
20-I. "UNREASONABLY IMPRACTICABLE" MEANS THAT THE MEASURES NECESSARY
TO COMPLY WITH THE REGULATIONS REQUIRE SUCH A HIGH INVESTMENT OF RISK,
MONEY, TIME OR OTHER RESOURCE OR ASSET THAT THE OPERATION OF A MARIHUANA
ESTABLISHMENT IS NOT WORTHY OF BEING CARRIED OUT BY A REASONABLY PRUDENT
BUSINESSPERSON.
§ 23. Section 65-b of the alcoholic beverage control law, as amended
by chapter 519 of the laws of 1999, paragraphs (b) and (c) of subdivi-
sion 3 as amended by chapter 257 of the laws of 2013 and the opening
paragraph of subdivision 6 as amended by chapter 503 of the laws of
2000, is amended to read as follows:
§ 65-b. Offense for one under age of twenty-one years to purchase or
attempt to purchase an alcoholic beverage OR MARIHUANA PRODUCTS through
fraudulent means. 1. As used in this section: (a) "A device capable of
deciphering any electronically readable format" or "device" shall mean
any commercial device or combination of devices used at a point of sale
or entry that is capable of reading the information encoded on the
magnetic strip or bar code of a driver's license or non-driver identifi-
cation card issued by the commissioner of motor vehicles;
(b) "Card holder" means any person presenting a driver's license or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter; and
(c) "Transaction scan" means the process involving a device capable of
deciphering any electronically readable format by which a licensee, or
agent or employee of a licensee under this chapter reviews a driver's
license or non-driver identification card presented as a precondition
for the purchase of an alcoholic beverage OR MARIHUANA PRODUCTS as
required by subdivision two of this section or as a precondition for
admission to an establishment licensed for the on-premises sale of alco-
holic beverages OR MARIHUANA PRODUCTS where admission is restricted to
persons twenty-one years or older.
2. (a) No person under the age of twenty-one years shall present or
offer to any licensee under this chapter, or to the agent or employee of
such licensee, any written evidence of age which is false, fraudulent or
not actually his OR HER own, for the purpose of purchasing or attempting
to purchase any alcoholic beverage OR MARIHUANA PRODUCTS.
(b) No licensee, or agent or employee of such licensee shall accept as
written evidence of age by any such person for the purchase of any alco-
holic beverage OR MARIHUANA PRODUCTS, any documentation other than: (i)
a valid driver's license or non-driver identification card issued by the
commissioner of motor vehicles, the federal government, any United
States territory, commonwealth or possession, the District of Columbia,
a state government within the United States or a provincial government
of the dominion of Canada, or (ii) a valid passport issued by the United
States government or any other country, or (iii) an identification card
issued by the armed forces of the United States. Upon the presentation
of such driver's license or non-driver identification card issued by a
governmental entity, such licensee or agent or employee thereof may
perform a transaction scan as a precondition to the sale of any alcohol-
ic beverage. Nothing in this section shall prohibit a licensee or agent
S. 3040--C 16
or employee from performing such a transaction scan on any of the other
documents listed in this subdivision if such documents include a bar
code or magnetic strip that [that] may be scanned by a device capable of
deciphering any electronically readable format.
(c) In instances where the information deciphered by the transaction
scan fails to match the information printed on the driver's license or
non-driver identification card presented by the card holder, or if the
transaction scan indicates that the information is false or fraudulent,
the attempted purchase of the alcoholic beverage OR MARIHUANA PRODUCTS
shall be denied.
3. A person violating the provisions of paragraph (a) of subdivision
two of this section shall be guilty of a violation and shall be
sentenced in accordance with the following:
(a) For a first violation, the court shall order payment of a fine of
not more than one hundred dollars and/or an appropriate amount of commu-
nity service not to exceed thirty hours. In addition, the court may
order completion of an alcohol awareness program established pursuant to
section 19.25 of the mental hygiene law OR OF A MARIHUANA AWARENESS
PROGRAM.
(b) For a second violation, the court shall order payment of a fine of
not less than fifty dollars nor more than three hundred fifty dollars
and/or an appropriate amount of community service not to exceed sixty
hours. The court also shall order completion of an alcohol OR MARIHUANA
awareness program as referenced in paragraph (a) of this subdivision if
such program has not previously been completed by the offender, unless
the court determines that attendance at such program is not feasible due
to the lack of availability of such program within a reasonably close
proximity to the locality in which the offender resides or matriculates,
as appropriate.
(c) For third and subsequent violations, the court shall order payment
of a fine of not less than fifty dollars nor more than seven hundred
fifty dollars and/or an appropriate amount of community service not to
exceed ninety hours. The court also shall order that such person submit
to an evaluation by an appropriate agency certified or licensed by the
office of alcoholism and substance abuse services to determine whether
the person suffers from [the disease of alcoholism or] alcohol [abuse]
USE DISORDER OR CANNABIS USE DISORDER, unless the court determines that
under the circumstances presented such an evaluation is not necessary,
in which case the court shall state on the record the basis for such
determination. Payment for such evaluation shall be made by such person.
If, based on such evaluation, a need for treatment is indicated, such
person may choose to participate in a treatment plan developed by an
agency certified or licensed by the office of alcoholism and substance
abuse services. If such person elects to participate in recommended
treatment, the court shall order that payment of such fine and community
service be suspended pending the completion of such treatment.
(d) Evaluation procedures. For purposes of this subdivision, the
following shall apply:
(i) The contents of an evaluation pursuant to paragraph (c) of this
subdivision shall be used for the sole purpose of [determining if such
person suffers from the disease of alcoholism or alcohol abuse] DETER-
MINING IF SUCH PERSON MEETS THE CRITERIA FOR AN ALCOHOL USE DISORDER OR
CANNABIS USE DISORDER.
(ii) The agency designated by the court to perform such evaluation
shall conduct the evaluation and return the results to the court within
thirty days, subject to any state or federal confidentiality law, rule
S. 3040--C 17
or regulation governing the confidentiality of alcohol and substance
[abuse] USE DISORDER treatment records.
(iii) The office of alcoholism and substance abuse services shall make
available to each supreme court law library in this state, or, if no
supreme court law library is available in a certain county, to the coun-
ty court law library of such county, a list of agencies certified to
perform evaluations as required by subdivision (f) of section 19.07 of
the mental hygiene law.
(iv) All evaluations required under this subdivision shall be in writ-
ing and the person so evaluated or his or her counsel shall receive a
copy of such evaluation prior to its use by the court.
(v) A minor evaluated under this subdivision shall have, and shall be
informed by the court of, the right to obtain a second opinion regarding
his or her need for [alcoholism] treatment OF AN ALCOHOL OR OTHER
SUBSTANCE USE DISORDER.
4. A person violating the provisions of paragraph (b) of subdivision
two of this section shall be guilty of a violation punishable by a fine
of not more than one hundred dollars, and/or an appropriate amount of
community service not to exceed thirty hours. In addition, the court may
order completion of an alcohol OR SUBSTANCE USE DISORDER training aware-
ness program established pursuant to subdivision twelve of section
seventeen of this chapter where such program is located within a reason-
ably close proximity to the locality in which the offender is employed
or resides.
5. No determination of guilt pursuant to this section shall operate as
a disqualification of any such person subsequently to hold public
office, public employment, or as a forfeiture of any right or privilege
or to receive any license granted by public authority; and no such
person shall be denominated a criminal by reason of such determination.
6. In addition to the penalties otherwise provided in subdivision
three of this section, if a determination is made sustaining a charge of
illegally purchasing or attempting to illegally purchase an alcoholic
beverage OR MARIHUANA PRODUCTS, the court may suspend such person's
license to drive a motor vehicle and the privilege of an unlicensed
person of obtaining such license, in accordance with the following and
for the following periods, if it is found that a driver's license was
used for the purpose of such illegal purchase or attempt to illegally
purchase; provided, however, that where a person is sentenced pursuant
to paragraph (b) or (c) of subdivision three of this section, the court
shall impose such license suspension if it is found that a driver's
license was used for the purpose of such illegal purchase or attempt to
illegally purchase:
(a) For a first violation of paragraph (a) of subdivision two of this
section, a three month suspension.
(b) For a second violation of paragraph (a) of subdivision two of this
section, a six month suspension.
(c) For a third or subsequent violation of paragraph (a) of subdivi-
sion two of this section, a suspension for one year or until the holder
reaches the age of twenty-one, whichever is the greater period of time.
Such person may thereafter apply for and be issued a restricted use
license in accordance with the provisions of section five hundred thirty
of the vehicle and traffic law.
7. (a) In any proceeding pursuant to subdivision one of section
sixty-five of this article, it shall be an affirmative defense that such
person had produced a driver's license or non-driver identification card
apparently issued by a governmental entity, successfully completed the
S. 3040--C 18
transaction scan, and that the alcoholic beverage OR MARIHUANA PRODUCTS
had been sold, delivered or given to such person in reasonable reliance
upon such identification and transaction scan. In evaluating the appli-
cability of such affirmative defense, the liquor authority shall take
into consideration any written policy adopted and implemented by the
seller to carry out the provisions of this chapter. Use of a transaction
scan shall not excuse any licensee under this chapter, or agent or
employee of such licensee, from the exercise of reasonable diligence
otherwise required by this section. Notwithstanding the above
provisions, any such affirmative defense shall not be applicable in any
other civil or criminal proceeding, or in any other forum.
(b) A licensee or agent or employee of a licensee may electronically
or mechanically record and maintain only the information from a trans-
action scan necessary to effectuate the purposes of this section. Such
information shall be limited to the following: (i) name, (ii) date of
birth, (iii) driver's license or non-driver identification number, and
(iv) expiration date. The liquor authority and the state commissioner of
motor vehicles shall jointly promulgate any regulation necessary to
govern the recording and maintenance of these records by a licensee
under this chapter. The liquor authority and the commissioner of health
shall jointly promulgate any regulations necessary to ensure quality
control in the use of transaction scan devices.
8. A licensee or agent or employee of such licensee shall only use the
information recorded and maintained through the use of such devices for
the purposes contained in paragraph (a) of subdivision seven of this
section, and shall only use such devices for the purposes contained in
subdivision two of this section. No licensee or agent or employee of a
licensee shall resell or disseminate the information recorded during
such scan to any third person. Such prohibited resale or dissemination
includes, but is not limited to, any advertising, marketing or promo-
tional activities. Notwithstanding the restrictions imposed by this
subdivision, such records may be released pursuant to a court ordered
subpoena or pursuant to any other statute that specifically authorizes
the release of such information. Each violation of this subdivision
shall be punishable by a civil penalty of not more than one thousand
dollars.
§ 24. Section 65-c of the alcoholic beverage control law, as added by
chapter 592 of the laws of 1989, paragraph (a) of subdivision 2 as
amended by chapter 409 of the laws of 2016 and subdivision 3 as amended
by chapter 137 of the laws of 2001, is amended to read as follows:
§ 65-c. Unlawful possession of an alcoholic beverage OR MARIHUANA
PRODUCT with the intent to consume by persons under the age of twenty-
one years. 1. Except as hereinafter provided, no person under the age of
twenty-one years shall possess any alcoholic beverage OR MARIHUANA PROD-
UCT, as defined in this chapter, with the intent to consume such bever-
age OR MARIHUANA PRODUCT.
2. A person under the age of twenty-one years may possess any alcohol-
ic beverage OR MARIHUANA PRODUCT with intent to consume if the alcoholic
beverage OR MARIHUANA PRODUCT is given:
(a) to a person who is a student in a curriculum licensed or regis-
tered by the state education department and the student is required to
taste or imbibe alcoholic beverages OR MARIHUANA PRODUCTS in on-campus
or off-campus courses which are a part of the required curriculum,
provided such alcoholic beverages OR MARIHUANA PRODUCTS are used only
for instructional purposes during class conducted pursuant to such
curriculum; or
S. 3040--C 19
(b) to the person under twenty-one years of age by that person's
parent or guardian.
3. Any person who unlawfully possesses an alcoholic beverage OR MARI-
HUANA PRODUCT with intent to consume may be summoned before and examined
by a court having jurisdiction of that charge; provided, however, that
nothing contained herein shall authorize, or be construed to authorize,
a peace officer as defined in subdivision thirty-three of section 1.20
of the criminal procedure law or a police officer as defined in subdivi-
sion thirty-four of section 1.20 of such law to arrest a person who
unlawfully possesses an alcoholic beverage OR MARIHUANA PRODUCT with
intent to consume. If a determination is made sustaining such charge the
court may impose a fine not exceeding fifty dollars and/or completion of
an alcohol OR DRUG awareness program established pursuant to section
19.25 of the mental hygiene law and/or an appropriate amount of communi-
ty service not to exceed thirty hours.
4. No such determination shall operate as a disqualification of any
such person subsequently to hold public office, public employment, or as
a forfeiture of any right or privilege or to receive any license granted
by public authority; and no such person shall be denominated a criminal
by reason of such determination, nor shall such determination be deemed
a conviction.
5. Whenever a peace officer as defined in subdivision thirty-three of
section 1.20 of the criminal procedure law or police officer as defined
in subdivision thirty-four of section 1.20 of the criminal procedure law
shall observe a person under twenty-one years of age openly in
possession of an alcoholic beverage OR MARIHUANA PRODUCT as defined in
this chapter, with the intent to consume such beverage OR PRODUCT in
violation of this section, said officer may seize the beverage OR PROD-
UCT, and shall deliver it to the custody of his or her department.
6. Any alcoholic beverage OR MARIHUANA PRODUCT seized in violation of
this section is hereby declared a nuisance. The official to whom the
beverage OR PRODUCT has been delivered shall, no earlier than three days
following the return date for initial appearance on the summons, dispose
of or destroy the alcoholic beverage OR MARIHUANA PRODUCT seized or
cause it to be disposed of or destroyed. Any person claiming ownership
of an alcoholic beverage OR MARIHUANA PRODUCT seized under this section
may, on the initial return date of the summons or earlier on five days
notice to the official or department in possession of the beverage OR
PRODUCT, apply to the court for an order preventing the destruction or
disposal of the alcoholic beverage OR MARIHUANA PRODUCT seized and
ordering the return of that beverage OR PRODUCT. The court may order
the beverage OR PRODUCT returned if it is determined that return of the
beverage OR PRODUCT would be in the interest of justice or that the
beverage OR PRODUCT was improperly seized.
§ 25. The alcoholic beverage control law is amended by adding a new
section 65-e to read as follows:
§ 65-E. RESTRICTIONS ON PERSONAL CONSUMPTION OF MARIHUANA. 1. NOTHING
IN SECTIONS 221.05 AND 221.05-A OF THE PENAL LAW SHALL BE CONSTRUED TO
PERMIT ANY PERSON TO:
(A) SMOKE MARIHUANA IN PUBLIC;
(B) SMOKE MARIHUANA PRODUCTS IN A LOCATION WHERE SMOKING TOBACCO IS
PROHIBITED PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-NINE-O OF THE
PUBLIC HEALTH LAW;
(C) POSSESS, SMOKE OR INGEST MARIHUANA PRODUCTS IN OR UPON THE GROUNDS
OF ANY SCHOOL PROPERTY USED FOR SCHOOL PURPOSES WHICH IS OWNED BY OR
S. 3040--C 20
LEASED TO ANY ELEMENTARY OR SECONDARY SCHOOL OR SCHOOL BOARD WHILE CHIL-
DREN ARE PRESENT; OR
(D) SMOKE OR INGEST MARIHUANA PRODUCTS WHILE DRIVING, OPERATING A
MOTOR VEHICLE, BOAT, VESSEL, AIRCRAFT, OR OTHER VEHICLE USED FOR TRANS-
PORTATION.
2. FOR PURPOSES OF THIS SECTION:
(A) "SMOKE" MEANS TO INHALE, EXHALE, BURN, OR CARRY ANY LIGHTED OR
HEATED DEVICE OR PIPE, OR ANY OTHER LIGHTED OR HEATED MARIHUANA OR
CONCENTRATED CANNABIS PRODUCT INTENDED FOR INHALATION, WHETHER NATURAL
OR SYNTHETIC, IN ANY MANNER OR IN ANY FORM.
(B) "SMOKE" DOES NOT INCLUDE THE USE OF AN ELECTRONIC SMOKING DEVICE
THAT CREATES AN AEROSOL OR VAPOR, UNLESS LOCAL OR STATE STATUTES EXTEND
PROHIBITIONS ON SMOKING TO ELECTRONIC SMOKING DEVICES.
3. VIOLATIONS OF THE RESTRICTIONS UNDER THIS SECTION ARE SUBJECT TO A
FINE NOT EXCEEDING TWENTY-FIVE DOLLARS OR AN APPROPRIATE AMOUNT OF
COMMUNITY SERVICE NOT TO EXCEED TWENTY HOURS.
§ 26. Section 140 of the alcoholic beverage control law, as amended by
chapter 810 of the laws of 1981, is amended to read as follows:
§ 140. Applicability of chapter before local option. Until such time
as it shall become unlawful to sell alcoholic beverages OR MARIHUANA
PRODUCTS in any town or city by the vote of the voters in such town or
city in the manner provided in this article, all of the provisions of
this chapter shall apply throughout the entire state. This article shall
not apply to the Whiteface mountain ski center, owned by the state and
located in the town of Wilmington, county of Essex.
§ 27. Section 141 of the alcoholic beverage control law, as amended by
chapter 319 of the laws of 2007, is amended to read as follows:
§ 141. Local option for towns. 1. Not less than sixty days nor more
than seventy-five days before the general election in any town at which
the submission of the questions hereinafter stated is authorized by this
article, a petition signed by electors of the town to a number amounting
to twenty-five per centum of the votes cast in the town for governor at
the then last preceding gubernatorial election, acknowledged by the
signers or authenticated by witnesses as provided in the election law in
respect of a nominating petition, requesting the submission at such
election to the electors of the town of one or more of the following
questions, may be filed with the town clerk:
Question 1. Tavern alcoholic beverage license. Shall a person be
allowed to obtain a license to operate a tavern with a limited-service
menu (sandwiches, salads, soups, etc.) which permits the tavern operator
to sell alcoholic beverages for a customer to drink while the customer
is within the tavern. In addition, unopened containers of beer (such as
six-packs and kegs) may be sold "to go" for the customer to open and
drink at another location (such as, for example, at his home)?
Question 2. Restaurant alcoholic beverage license. Shall the operator
of a full-service restaurant be allowed to obtain a license which
permits the restaurant operator to sell alcoholic beverages for a
customer to drink while the customer is within the restaurant. In addi-
tion, unopened containers of beer (such as six-packs and kegs) may be
sold "to go" for the customer to open and drink at another location
(such as, for example, at his home)?
Question 3. Year-round hotel alcoholic beverage license. Shall the
operator of a year-round hotel with a full-service restaurant be allowed
to obtain a license which permits the year-round hotel to sell alcoholic
beverages for a customer to drink while the customer is within the
hotel. In addition, unopened containers of beer (such as six-packs and
S. 3040--C 21
kegs) may be sold "to go" for the customer to open and drink at another
location (such as, for example, at his home)?
Question 4. Summer hotel alcoholic beverage license. Shall the opera-
tor of a summer hotel with a full-service restaurant, open for business
only within the period from May first to October thirty-first in each
year, be allowed to obtain a license which permits the summer hotel to
sell alcoholic beverages for a customer to drink while the customer is
within the hotel. In addition, unopened containers of beer (such as
six-packs and kegs) may be sold "to go" for the customer to open and
drink at another location (such as, for example, at his home)?
Question 5. Retail package liquor or wine store license. Shall a
person be allowed to obtain a license to operate a retail package
liquor-and-wine or wine-without-liquor store, to sell "to go" unopened
bottles of liquor or wine to a customer to be taken from the store for
the customer to open and drink at another location (such as, for exam-
ple, at his home)?
Question 6. Off-premises beer and wine cooler license. Shall the oper-
ator of a grocery store, drugstore or supply ship operating in the
harbors of Lake Erie be allowed to obtain a license which permits the
operator to sell "to go" unopened containers of beer (such as six-packs
and kegs) and wine coolers with not more than 6% alcohol to a customer
to be taken from the store for the customer to open and drink at another
location (such as, for example, at his home)?
Question 7. Baseball park, racetrack, athletic field or stadium
license. Shall a person be allowed to obtain a license which permits
the sale of beer for a patron's consumption while the patron is within a
baseball park, racetrack, or other athletic field or stadium where
admission fees are charged?
QUESTION 8. MARIHUANA RETAILER LICENSE. SHALL A PERSON BE ALLOWED TO
OBTAIN A LICENSE TO OPERATE A RETAIL MARIHUANA STORE, TO SELL UNOPENED
MARIHUANA PRODUCTS TO A CUSTOMER TO BE TAKEN FROM THE STORE FOR THE
CUSTOMER TO OPEN AND CONSUME AT ANOTHER LOCATION (SUCH AS, FOR EXAMPLE,
AT HIS HOME)?
QUESTION 9. ON-PREMISES MARIHUANA RETAILER LICENSES. SHALL A PERSON BE
ALLOWED TO OBTAIN A LICENSE TO OPERATE A FACILITY WHERE THE SERVICE OF
FOOD IS ONLY INCIDENTAL AND PERMITS THE FACILITY OPERATOR TO SELL MARI-
HUANA PRODUCTS FOR A CUSTOMER TO CONSUME WHILE THE CUSTOMER IS WITHIN
THE FACILITY?
2. Upon the due filing of such petition complying with the foregoing
provisions, such questions shall be submitted in accordance therewith.
3. The town clerk shall, within five days from the filing of such
petition in his office, prepare and file in the office of the board of
elections, as defined by the election law, of the county, a certified
copy of such petition. Such questions may be submitted only at the time
of a general election. At least ten days before such general election,
the board of elections shall cause to be printed and posted in at least
four public places in such town, a notice of the fact that all of the
local option questions will be voted on at such general election; and
the said notice shall also be published at least five days before the
vote is to be taken once in a newspaper published in the county in which
such town is situated, which shall be a newspaper published in the town,
if there be one. Whenever such questions are to be submitted under the
provisions of this article the board of elections shall cause the proper
ballot labels to be printed and placed on all voting machines used in
the town in which such questions are to be submitted, in the form
prescribed by the election law in respect of other propositions or ques-
S. 3040--C 22
tions, upon the face of which shall be printed in full the said ques-
tions. Any elector qualified to vote for state officers shall be enti-
tled to vote upon such local option questions. As soon as the election
shall be held, a return of the votes cast and counted shall be made as
provided by law and the returns canvassed by the inspectors of election.
If a majority of the votes cast shall be in the negative on all or any
of the questions, no person shall, after such election, sell alcoholic
beverages OR MARIHUANA PRODUCTS in such town contrary to such vote or to
the provisions of this chapter; provided, however, that the result of
such vote shall not shorten the term for which any license may have been
lawfully issued under this chapter or affect the rights of the licensee
thereunder; and no person shall after such vote apply for or receive a
license to sell alcoholic beverages OR MARIHUANA PRODUCTS at retail in
such town contrary to such vote, until, by referendum as hereinafter
provided for, such sale shall again become lawful.
§ 28. Subdivision 3 of section 142 of the alcoholic beverage control
law is amended to read as follows:
3. If a majority of the votes cast shall be in the negative on any or
all of the questions, no person shall, after such election, sell alco-
holic beverages OR MARIHUANA PRODUCTS in such city contrary to such vote
or to the provisions of this chapter; provided, however, that the result
of such vote shall not shorten the term for which any license may have
been lawfully issued under this chapter or affect the rights of the
licensee thereunder; and no person shall after such vote apply for or
receive a license to sell alcoholic beverages OR MARIHUANA PRODUCTS at
retail in such city contrary to such vote, until, by referendum as here-
inafter provided for, such sale shall again become lawful.
§ 29. Subdivision 2 of section 147 of the alcoholic beverage control
law is amended to read as follows:
2. If at the time of any subsequent submission of such questions it
shall be lawful to sell alcoholic beverages OR MARIHUANA PRODUCTS and a
majority of the votes cast shall be in the negative on such questions,
then all of the provisions of this article applicable thereto shall
become effective.
§ 30. Article 11 and sections 160, 161, 162, 163 and 164 of the alco-
holic beverage control law, article 11 and sections 160, 161, 162 and
163 as renumbered by chapter 725 of the laws of 1954, are renumbered
article 12 and sections 200, 201, 202, 203, and 204.
§ 31. The alcoholic beverage control law is amended by adding a new
article 11 to read as follows:
ARTICLE 11
PROVISIONS RELATING TO MARIHUANA
SECTION 165. DEFINITIONS.
166. BUREAU OF MARIHUANA POLICY.
167. ADMINISTRATION OF THE BUREAU OF MARIHUANA POLICY.
168. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
169. LICENSES ISSUED.
170. LICENSING LIMITS.
171. ACTIONS TAKEN PURSUANT TO A VALID LICENSE ARE LAWFUL.
172. GENERAL PROHIBITIONS AND RESTRICTIONS.
173. CERTAIN OFFICIALS NOT TO BE INTERESTED IN THE MANUFACTURE
OR SALE OF MARIHUANA.
174. PROVISIONS GOVERNING INITIAL RULEMAKING.
175. PROVISIONS GOVERNING MARIHUANA PRODUCERS.
176. PROVISIONS GOVERNING PROCESSORS.
177. PROVISIONS GOVERNING MARIHUANA RETAILERS.
S. 3040--C 23
178. PROVISIONS GOVERNING MARIHUANA ON-SITE CONSUMPTION
LICENSES.
179. ADVERTISING AND FORMS FOR THE ISSUANCE OF LICENSES.
180. PACKAGING OF MARIHUANA PRODUCTS.
181. LABELING OF MARIHUANA PRODUCTS.
182. SEED TO SALE TRACKING.
183. RENEWALS OF LICENSES AND PERMITS.
184. INFORMATION TO BE PROVIDED BY APPLICANTS.
185. NOTIFICATION TO TOWNS, CITIES OR VILLAGES.
186. LICENSES, PUBLICATION, GENERAL PROVISIONS.
187. REVOCATION OF LICENSES FOR CAUSE.
188. PROCEDURE FOR REVOCATION OR CANCELLATION.
189. DECISIONS OF THE BUREAU OF MARIHUANA POLICY AND REVIEW BY
THE COURTS.
190. MINORITY AND WOMEN-OWNED BUSINESSES AND INCUBATOR PROGRAM.
191. DISPOSITION OF MONEYS RECEIVED FOR LICENSE FEES.
192. PERSONS FORBIDDEN TO TRAFFIC IN MARIHUANA.
193. SURRENDER OF LICENSE; NOTICE TO POLICE OFFICIALS.
194. PROTECTIONS FOR THE USE OF MARIHUANA.
195. DISCRIMINATION PROTECTIONS FOR THE USE OF MARIHUANA OR
MEDICAL MARIHUANA.
196. EMPLOYMENT PROTECTIONS.
197. PROTECTIONS FOR PERSONS UNDER STATE SUPERVISION.
198. PROFESSIONAL AND MEDICAL RECORD KEEPING.
§ 165. DEFINITIONS. WHENEVER USED IN THIS CHAPTER, UNLESS THE CONTEXT
REQUIRES OTHERWISE:
1. "APPLICANT" MEANS AN OWNER APPLYING FOR A LICENSE PURSUANT TO THIS
ARTICLE.
2."BUREAU" MEANS THE BUREAU OF MARIHUANA POLICY WITHIN THE AUTHORITY.
3. "COMMERCIAL MARIHUANA ACTIVITY" MEANS THE PRODUCTION, PROCESSING,
POSSESSION, STORING, LABORATORY TESTING, PACKAGING, LABELING, TRANSPOR-
TATION, DELIVERY, OR SALE OF MARIHUANA AND MARIHUANA PRODUCTS AS
PROVIDED FOR IN THIS ARTICLE.
4. "CUSTOMER" MEANS A NATURAL PERSON TWENTY-ONE YEARS OF AGE OR OLDER.
5. "DELIVERY" MEANS A LICENSEE THAT DELIVERS RETAIL MARIHUANA AND
MARIHUANA PRODUCTS TO CUSTOMERS. RETAILER LICENSEES AND MICROBUSINESS
LICENSEES ARE PERMITTED TO DELIVER RETAIL MARIHUANA AND MARIHUANA
PRODUCTS TO CUSTOMERS WITHOUT OBTAINING AN ADDITIONAL DISTRIBUTOR
LICENSE.
6. "DISTRIBUTION" MEANS THE PROCUREMENT, SALE, AND TRANSPORT OF MARI-
HUANA AND MARIHUANA PRODUCTS BETWEEN ENTITIES LICENSED PURSUANT TO THIS
ARTICLE.
7. "DISTRIBUTOR" MEANS A LICENSEE FOR THE DISTRIBUTION OF MARIHUANA
AND MARIHUANA PRODUCTS BETWEEN ENTITIES LICENSED PURSUANT TO THIS ARTI-
CLE. PRODUCER LICENSEES, PROCESSOR LICENSEES, AND MICROBUSINESS LICEN-
SEES ARE PERMITTED TO DISTRIBUTE MARIHUANA AND MARIHUANA PRODUCTS
BETWEEN ENTITIES LICENSED PURSUANT TO THIS ARTICLE WITHOUT OBTAINING AN
ADDITIONAL DISTRIBUTOR LICENSE.
8. "LABELING" MEANS ANY LABEL OR OTHER WRITTEN, PRINTED, OR GRAPHIC
MATTER UPON A MARIHUANA PRODUCT, OR UPON ITS CONTAINER OR WRAPPER, OR
THAT ACCOMPANIES ANY MARIHUANA PRODUCT.
9. "LICENSE" MEANS A STATE LICENSE ISSUED UNDER THIS ARTICLE. EACH
LICENSE ISSUED PURSUANT TO THIS ARTICLE CORRESPONDS TO A SINGLE PLACE OF
BUSINESS.
10. "LICENSEE" MEANS ANY PERSON OR ENTITY HOLDING A LICENSE UNDER THIS
ARTICLE.
S. 3040--C 24
11. "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,
WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY
PART OF THE PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE,
MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT
INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS,
OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-
FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS
(EXCEPT THE RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE
STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES
NOT INCLUDE ALL PARTS OF THE PLANT CANNABIS SATIVA I., WHETHER GROWING
OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-
BINOL (THC).
12. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS.
13. "MARIHUANA-INFUSED PRODUCTS" MEANS PRODUCTS THAT CONTAIN MARIHUA-
NA, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR HUMAN USE OR CONSUMP-
TION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS, OINTMENTS, AND TINC-
TURES.
14. "MICROBUSINESS" MEANS A LICENSEE THAT MAY ACT AS A MARIHUANA
PRODUCER FOR THE CULTIVATION OF MARIHUANA ON AN AREA LESS THAN TEN THOU-
SAND SQUARE FEET, A MARIHUANA PROCESSOR, AND A MARIHUANA RETAILER UNDER
THIS ARTICLE, PROVIDED SUCH LICENSEE COMPLIES WITH ALL REQUIREMENTS
IMPOSED BY THIS ARTICLE ON LICENSED PRODUCERS, PROCESSORS, AND RETAILERS
TO THE EXTENT THE LICENSEE ENGAGES IN SUCH ACTIVITIES. A "MICROBUSINESS"
MAY DISTRIBUTE MARIHUANA AND MARIHUANA PRODUCTS TO OTHER LICENSED MARI-
HUANA BUSINESSES AND MAY DELIVER MARIHUANA AND MARIHUANA PRODUCTS TO
CUSTOMERS.
15. "NURSERY" MEANS A LICENSEE THAT PRODUCES ONLY CLONES, IMMATURE
PLANTS, SEEDS, AND OTHER AGRICULTURAL PRODUCTS USED SPECIFICALLY FOR THE
PLANTING, PROPAGATION, AND CULTIVATION OF MARIHUANA.
16. "ONSITE CONSUMPTION" MEANS A MARIHUANA RETAIL LICENSEE OR A MARI-
HUANA MICROBUSINESS THAT PERMITS THE CONSUMPTION OF MARIHUANA AND MARI-
HUANA PRODUCTS AT THE LICENSEE'S PLACE OF BUSINESS.
17. "OWNER" MEANS AN INDIVIDUAL WITH AN AGGREGATE OWNERSHIP INTEREST
OF TWENTY PERCENT OR MORE IN A MARIHUANA BUSINESS LICENSED PURSUANT TO
THIS ARTICLE, UNLESS SUCH INTEREST IS SOLELY A SECURITY, LIEN, OR ENCUM-
BRANCE, OR AN INDIVIDUAL THAT WILL BE PARTICIPATING IN THE DIRECTION,
CONTROL, OR MANAGEMENT OF THE LICENSED MARIHUANA BUSINESS.
18. "PACKAGE" MEANS ANY CONTAINER OR RECEPTACLE USED FOR HOLDING MARI-
HUANA OR MARIHUANA PRODUCTS.
19. "PROCESSOR" MEANS A LICENSEE THAT COMPOUNDS, BLENDS, EXTRACTS,
INFUSES, OR OTHERWISE MAKES OR PREPARES MARIHUANA PRODUCTS, BUT NOT THE
PRODUCTION OF THE MARIHUANA CONTAINED IN THE MARIHUANA PRODUCT. A
"PROCESSOR" MAY ALSO DISTRIBUTE MARIHUANA AND MARIHUANA PRODUCTS TO
OTHER LICENSED MARIHUANA BUSINESSES.
20. "PRODUCER" MEANS A LICENSEE THAT PLANTS, GROWS, HARVESTS, DRIES,
CURES, GRADES, OR TRIMS MARIHUANA. A "PRODUCER" MAY ALSO DISTRIBUTE
MARIHUANA TO OTHER LICENSED MARIHUANA BUSINESSES.
21. "RETAILER" MEANS A LICENSEE THAT SELLS MARIHUANA OR MARIHUANA
PRODUCTS DIRECTLY TO CUSTOMERS. A "RETAILER" MAY DELIVER MARIHUANA AND
MARIHUANA PRODUCTS TO CUSTOMERS.
22. "TESTING FACILITY" MEANS A LICENSEE THAT TESTS MARIHUANA AND MARI-
HUANA PRODUCTS.
§ 166. BUREAU OF MARIHUANA POLICY. THERE IS HEREBY ESTABLISHED IN THE
AUTHORITY A BUREAU OF MARIHUANA POLICY. THE BUREAU SHALL CONSIST OF
THREE MEMBERS. THE MEMBERS OF THE BUREAU SHALL BE APPOINTED BY THE
S. 3040--C 25
GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. NOT MORE THAN
TWO MEMBERS OF THE BUREAU SHALL BELONG TO THE SAME POLITICAL PARTY. THE
CHAIRMAN OF THE BUREAU OF MARIHUANA POLICY HERETOFORE APPOINTED AND
DESIGNATED BY THE GOVERNOR AND THE REMAINING MEMBERS OF SUCH BOARD HERE-
TOFORE APPOINTED BY THE GOVERNOR SHALL CONTINUE TO SERVE AS CHAIRMAN AND
MEMBERS OF THE BUREAU UNTIL THE EXPIRATION OF THE RESPECTIVE TERMS FOR
WHICH THEY WERE APPOINTED. UPON THE EXPIRATION OF SUCH RESPECTIVE TERMS
THE SUCCESSORS OF SUCH CHAIRMAN AND MEMBERS SHALL BE APPOINTED TO SERVE
FOR A TERM OF THREE YEARS EACH AND UNTIL THEIR SUCCESSORS HAVE BEEN
APPOINTED AND QUALIFIED. THE COMMISSIONERS SHALL, WHEN PERFORMING THE
WORK OF THE BUREAU, BE COMPENSATED AT A RATE OF TWO HUNDRED SIXTY
DOLLARS PER DAY, TOGETHER WITH AN ALLOWANCE FOR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES.
§ 167. ADMINISTRATION OF THE BUREAU OF MARIHUANA POLICY. 1. THE
BUREAU ESTABLISHED IN SECTION ONE HUNDRED SIXTY-SIX OF THIS ARTICLE
SHALL HERETOFORE HAVE THE POWER, DUTY, PURPOSE, RESPONSIBILITY, AND
JURISDICTION TO REGULATE COMMERCIAL MARIHUANA ACTIVITY AS PROVIDED IN
THE MARIHUANA REGULATION AND TAXATION ACT.
2. THE BUREAU SHALL HAVE THE EXCLUSIVE AUTHORITY TO CREATE, ISSUE,
RENEW, DISCIPLINE, SUSPEND, OR REVOKE LICENSES FOR COMMERCIAL MARIHUANA
ACTIVITIES IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT.
(A) THE BUREAU SHALL CONSULT WITH THE DEPARTMENT OF AGRICULTURE AND
MARKETS REGARDING RULES, REGULATIONS, AND LICENSES FOR THE CULTIVATION
OF MARIHUANA.
(B) THE BUREAU SHALL NOTIFY THE PUBLIC OF ALL LICENSING RULES AND
REGULATIONS PROMULGATED PURSUANT TO THE MARIHUANA REGULATION AND TAXA-
TION ACT, WHICH SHALL INCLUDE INSTRUCTIONAL MATERIALS. IN ADDITION, THE
BUREAU SHALL HOLD PUBLIC FORUMS IN ALL REGIONS OF THE STATE, AS DETER-
MINED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT, TO HELP THE PUBLIC
UNDERSTAND AND NAVIGATE THE LICENSING PROCESS.
(C) THE BUREAU SHALL BEGIN ISSUING LICENSES NOT LATER THAN EIGHTEEN
MONTHS FOLLOWING THE EFFECTIVE DATE OF THE MARIHUANA REGULATION AND
TAXATION ACT.
(I) THE BUREAU SHALL BEGIN ACCEPTING APPLICATIONS NO MORE THAN FIFTEEN
MONTHS FOLLOWING THE EFFECTIVE DATE OF THE MARIHUANA REGULATION AND
TAXATION ACT.
(II) PURSUANT TO SECTION ONE HUNDRED EIGHTY-FIVE OF THIS ARTICLE, THE
BUREAU SHALL NOTIFY ANY TOWN, CITY OR VILLAGE OF ANY APPLICATIONS FOR
LICENSE.
(III) THE BUREAU SHALL ISSUE AN ANNUAL LICENSE TO THE APPLICANT
BETWEEN FORTY-FIVE AND NINETY DAYS AFTER RECEIPT OF AN APPLICATION
UNLESS THE BUREAU FINDS THE APPLICANT IS NOT IN COMPLIANCE WITH REGU-
LATIONS ENACTED PURSUANT TO SECTION ONE HUNDRED SEVENTY-FOUR OF THIS
ARTICLE OR THE DEPARTMENT IS NOTIFIED BY THE RELEVANT TOWN, CITY OR
VILLAGE THAT THE APPLICANT IS NOT IN COMPLIANCE WITH SUCH REGULATIONS.
(D) THE BUREAU SHALL HAVE THE AUTHORITY TO COLLECT FEES IN CONNECTION
WITH ACTIVITIES THEY REGULATE CONCERNING MARIHUANA PURSUANT TO SECTION
ONE HUNDRED NINETY-ONE OF THIS ARTICLE.
3. (A) NOT LATER THAN TEN MONTHS FOLLOWING THE ENACTMENT OF THIS ARTI-
CLE, EACH TOWN, CITY OR VILLAGE MAY ENACT AN ORDINANCE OR REGULATION
SPECIFYING THE ENTITY WITHIN THE TOWN, CITY OR VILLAGE THAT IS RESPONSI-
BLE FOR PROCESSING APPLICATIONS SUBMITTED FOR A LICENSE TO OPERATE A
MARIHUANA ESTABLISHMENT WITHIN THE BOUNDARIES OF THE TOWN, CITY OR
VILLAGE AND FOR THE ISSUANCE OF SUCH LICENSES SHOULD THE ISSUANCE BY THE
TOWN, CITY OR VILLAGE BECOME NECESSARY BECAUSE OF A FAILURE BY THE
BUREAU TO ADOPT REGULATIONS PURSUANT TO SECTION ONE HUNDRED SEVENTY-FOUR
S. 3040--C 26
OF THIS ARTICLE OR BECAUSE OF A FAILURE BY THE BUREAU TO PROCESS AND
ISSUE LICENSES AS REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
(B) A TOWN, CITY OR VILLAGE MAY ENACT ORDINANCES OR REGULATIONS, NOT
IN CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED
PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE, MANNER AND NUMBER
OF MARIHUANA ESTABLISHMENT OPERATIONS; ESTABLISHING PROCEDURES FOR THE
ISSUANCE, SUSPENSION, AND REVOCATION OF A LICENSE ISSUED BY THE MUNICI-
PALITY IN ACCORDANCE WITH PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION,
SUCH PROCEDURES TO BE SUBJECT TO ALL REQUIREMENTS OF THE STATE ADMINIS-
TRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION, ESTABLISHING A SCHED-
ULE OF ANNUAL OPERATING, LICENSING, AND APPLICATION FEES FOR MARIHUANA
ESTABLISHMENTS, PROVIDED, THE APPLICATION FEE SHALL ONLY BE DUE IF AN
APPLICATION IS SUBMITTED TO A TOWN, CITY OR VILLAGE IN ACCORDANCE WITH
PARAGRAPH (D) OF THIS SUBDIVISION AND A LICENSING FEE SHALL ONLY BE DUE
IF A LICENSE IS ISSUED BY A MUNICIPALITY IN ACCORDANCE WITH PARAGRAPH
(C) OR (D) OF THIS SUBDIVISION; AND ESTABLISHING CIVIL PENALTIES FOR
VIOLATION OF AN ORDINANCE OR REGULATION GOVERNING THE TIME, PLACE, AND
MANNER OF A MARIHUANA ESTABLISHMENT THAT MAY OPERATE IN SUCH A TOWN,
CITY OR VILLAGE. A TOWN, CITY OR VILLAGE MAY PROHIBIT THE OPERATION OF
MARIHUANA PRODUCTION FACILITIES, MARIHUANA PROCESSING FACILITIES, MARI-
HUANA RETAIL STORES, MARIHUANA MICROBUSINESSES, OR MARIHUANA TESTING
FACILITIES THROUGH THE ENACTMENT OF AN ORDINANCE.
(C) IF THE BUREAU DOES NOT ISSUE A LICENSE TO AN APPLICANT WITHIN
NINETY DAYS OF RECEIPT OF THE APPLICATION FILED IN ACCORDANCE WITH
SUBDIVISION TWO AND DOES NOT NOTIFY THE APPLICANT OF THE SPECIFIC REASON
FOR ITS DENIAL, IN WRITING AND WITHIN SUCH TIME PERIOD, OR IF THE BUREAU
HAS ADOPTED REGULATIONS PURSUANT TO SECTION ONE HUNDRED SEVENTY-FOUR OF
THIS ARTICLE BUT HAS NOT ISSUED ANY LICENSES WITHIN EIGHTEEN MONTHS OF
THE EFFECTIVE DATE OF THIS ARTICLE, FOR ANY TOWN, CITY OR VILLAGE ENACT-
ING AN ORDINANCE PROVIDING FOR LOCAL PROCESSING OF APPLICATIONS, THE
APPLICANT MAY RESUBMIT ITS APPLICATION DIRECTLY TO THE TOWN, CITY OR
VILLAGE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, AND THE TOWN,
CITY OR VILLAGE MAY ISSUE AN ANNUAL LICENSE TO THE APPLICANT. A TOWN,
CITY OR VILLAGE ISSUING A LICENSE TO AN APPLICANT SHALL DO SO WITHIN
NINETY DAYS OF RECEIPT OF THE RESUBMITTED APPLICATION UNLESS THE TOWN,
CITY OR VILLAGE FINDS AND NOTIFIES THE APPLICANT THAT THE APPLICANT IS
NOT IN COMPLIANCE WITH THE ORDINANCES AND REGULATIONS MADE PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION IN EFFECT AT THE TIME THE APPLICATION
IS RESUBMITTED AND THE TOWN, CITY OR VILLAGE SHALL NOTIFY THE BUREAU IF
AN ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. IF AN APPLICATION IS
SUBMITTED TO A TOWN, CITY OR VILLAGE UNDER THIS PARAGRAPH, THE BUREAU
SHALL FORWARD TO THE TOWN, CITY OR VILLAGE THE APPLICATION FEE PAID BY
THE APPLICANT TO THE BUREAU UPON REQUEST BY THE TOWN, CITY OR VILLAGE. A
LICENSE ISSUED BY A TOWN, CITY OR VILLAGE IN ACCORDANCE WITH THIS PARA-
GRAPH SHALL HAVE THE SAME FORCE AND EFFECT AS A LICENSE ISSUED BY THE
BUREAU IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION AND THE HOLDER
OF SUCH LICENSE SHALL NOT BE SUBJECT TO REGULATION OR ENFORCEMENT BY THE
BUREAU DURING THE TERM OF THAT LICENSE. A SUBSEQUENT OR RENEWED LICENSE
MAY BE ISSUED UNDER THIS PARAGRAPH ON AN ANNUAL BASIS ONLY UPON RESUB-
MISSION TO THE TOWN, CITY OR VILLAGE OF A NEW APPLICATION SUBMITTED TO
THE BUREAU PURSUANT TO SUBDIVISION TWO OF THIS SECTION. NOTHING IN THIS
PARAGRAPH SHALL LIMIT SUCH RELIEF AS MAY BE AVAILABLE TO AN AGGRIEVED
PARTY UNDER SECTION FOUR HUNDRED ONE OF THE STATE ADMINISTRATIVE PROCE-
DURE ACT OR ANY SUCCESSOR PROVISION.
(D) IF THE BUREAU DOES NOT ADOPT REGULATIONS REQUIRED BY SECTION ONE
HUNDRED SEVENTY-FOUR OF THIS ARTICLE, AN APPLICANT MAY SUBMIT AN APPLI-
S. 3040--C 27
CATION DIRECTLY TO A TOWN, CITY OR VILLAGE FIFTEEN MONTHS FOLLOWING THE
EFFECTIVE DATE OF THIS ARTICLE AND THE TOWN, CITY OR VILLAGE MAY ISSUE
AN ANNUAL LICENSE TO THE APPLICANT. A TOWN, CITY OR VILLAGE ISSUING A
LICENSE TO AN APPLICANT SHALL DO SO WITHIN NINETY DAYS OF RECEIPT OF THE
APPLICATION UNLESS IT FINDS AND NOTIFIES THE APPLICANT THAT THE APPLI-
CANT IS NOT IN COMPLIANCE WITH ORDINANCES AND REGULATIONS MADE PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION IN EFFECT AT THE TIME OF APPLICA-
TION AND SHALL NOTIFY THE BUREAU IF AN ANNUAL LICENSE HAS BEEN ISSUED TO
THE APPLICANT. A LICENSE ISSUED BY A TOWN, CITY OR VILLAGE IN ACCORDANCE
WITH THIS PARAGRAPH SHALL HAVE THE SAME FORCE AND EFFECT AS A LICENSE
ISSUED BY THE BUREAU IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION
AND THE LICENSEE SHALL NOT BE SUBJECT TO REGULATION OR ENFORCEMENT BY
THE BUREAU DURING THE TERM OF THAT LICENSE. A SUBSEQUENT OR RENEWED
LICENSE MAY BE ISSUED UNDER THIS PARAGRAPH ON AN ANNUAL BASIS IF THE
BUREAU HAS NOT ADOPTED REGULATIONS REQUIRED BY SECTION ONE HUNDRED
SEVENTY-FOUR OF THIS ARTICLE AT LEAST NINETY DAYS PRIOR TO THE DATE UPON
WHICH SUCH SUBSEQUENT OR RENEWED LICENSE WOULD BE EFFECTIVE OR IF THE
DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO SECTION ONE HUNDRED
SEVENTY-FOUR OF THIS ARTICLE BUT HAS NOT, AT LEAST NINETY DAYS AFTER THE
ADOPTION OF SUCH REGULATIONS, ISSUED LICENSES PURSUANT TO SUBDIVISION
TWO OF THIS SECTION.
4. THE BUREAU MAY LIMIT THE TOTAL AMOUNT OF MARIHUANA PRODUCED IN NEW
YORK BASED ON THE DEMAND FOR MARIHUANA AND MARIHUANA PRODUCTS AND IN AN
EFFORT TO REDUCE ILLICIT MARIHUANA MARKETS.
§ 168. AUTHORITY TO PROMULGATE RULES AND REGULATIONS. THE BUREAU SHALL
PROMULGATE AND IMPLEMENT ALL RULES AND REGULATIONS AS IT DEEMS NECESSARY
TO CARRY OUT THE REQUIREMENTS, PURPOSE AND INTENT OF THIS ARTICLE.
§ 169. LICENSES ISSUED. THE FOLLOWING KINDS OF LICENSES SHALL BE
ISSUED BY THE BUREAU FOR THE MANUFACTURE, PRODUCTION, PROCESSING, TEST-
ING, RETAIL SALE AND DELIVERY OF MARIHUANA:
1. MARIHUANA NURSERY LICENSE;
2. MARIHUANA PRODUCER LICENSE;
3. MARIHUANA PROCESSOR LICENSE;
4. MARIHUANA DISTRIBUTOR LICENSE;
5. MARIHUANA RETAILER LICENSE;
6. MARIHUANA MICROBUSINESS LICENSE;
7. MARIHUANA ON-SITE CONSUMPTION LICENSE;
8. MARIHUANA DELIVERY LICENSE;
9. MARIHUANA TESTING LICENSE; AND
10. ANY OTHER TYPE OF LICENSES ALLOWED BY THE BUREAU.
§ 170. LICENSING LIMITS. 1. ALL LICENSES ISSUED UNDER THIS ARTICLE
SHALL BEAR A CLEAR DESIGNATION INDICATING THAT THE LICENSE IS FOR
COMMERCIAL MARIHUANA ACTIVITY AS DISTINCT FROM MEDICAL MARIHUANA MANU-
FACTURED, PRODUCED AND SOLD FOR MEDICAL USE PURSUANT TO TITLE FIVE-A OF
ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
2. AN OWNER OF A MARIHUANA RETAIL STORE SHALL NOT HOLD A LICENSE IN
ANOTHER LICENSE CATEGORY OF SECTION ONE HUNDRED SIXTY-NINE OF THIS ARTI-
CLE, SHALL NOT OWN OR HAVE OWNERSHIP INTEREST IN AN ENTITY LICENSED
PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW, AND SHALL HOLD NOT MORE THAN THREE RETAIL LICENSES.
3. AN OWNER OF A MARIHUANA MICROBUSINESS SHALL NOT HOLD A LICENSE IN
ANOTHER LICENSE CATEGORY OF SECTION ONE HUNDRED SIXTY-NINE OF THIS ARTI-
CLE, SHALL NOT OWN OR HAVE OWNERSHIP INTEREST IN A FACILITY LICENSED
PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW, AND SHALL HOLD NOT MORE THAN ONE MICROBUSINESS LICENSE.
S. 3040--C 28
4. AN OWNER OF A MARIHUANA TESTING FACILITY SHALL NOT HOLD A LICENSE
IN ANOTHER LICENSE CATEGORY OF SECTION ONE HUNDRED SIXTY-NINE OF THIS
ARTICLE AND SHALL NOT OWN OR HAVE OWNERSHIP INTEREST IN A FACILITY
LICENSED PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC
HEALTH LAW.
5. ONLY A MARIHUANA RETAIL LICENSEE MAY BE ISSUED AN ON-SITE CONSUMP-
TION LICENSE.
6. ONLY A MARIHUANA RETAIL LICENSEE, MARIHUANA MICROBUSINESS LICENSEE,
OR MARIHUANA DELIVERY LICENSEE MAY BE PERMITTED TO DELIVER MARIHUANA
DIRECTLY TO CUSTOMERS.
7. ONLY A MARIHUANA PRODUCER LICENSEE, MARIHUANA PROCESSOR LICENSEE,
MARIHUANA MICROBUSINESS LICENSEE, OR MARIHUANA DISTRIBUTOR LICENSEE MAY
DISTRIBUTE MARIHUANA AND MARIHUANA PRODUCTS TO OTHER LICENSED MARIHUANA
BUSINESSES.
8. NO MARIHUANA DELIVERY OWNER MAY HOLD MORE THAN ONE MARIHUANA DELIV-
ERY LICENSE.
9. NO MARIHUANA DISTRIBUTOR OWNER MAY HOLD MORE THAN ONE MARIHUANA
DISTRIBUTOR LICENSE.
10. THE BUREAU SHALL ISSUE A SERIES OF PRODUCER LICENSES DISTINGUISHED
BY CANOPY SIZE AND TYPE OF LIGHTING USED, NATURAL/OUTDOOR LIGHT, INDOOR
LIGHT, OR MIXED-LIGHT.
11. NO MARIHUANA PRODUCER OWNER MAY HOLD MORE THAN ONE MARIHUANA
PRODUCER AND ONE MARIHUANA PROCESSOR LICENSE.
12. NO MARIHUANA PROCESSOR OWNER MAY HOLD MORE THAN THREE MARIHUANA
PROCESSOR LICENSES.
13. AN OWNER OF A MARIHUANA NURSERY MAY HOLD A MARIHUANA PRODUCER OR
MARIHUANA PROCESSOR LICENSE BUT SHALL NOT HOLD ANOTHER LICENSE CATEGORY
OF SECTION ONE HUNDRED SIXTY-NINE OF THIS ARTICLE, SHALL NOT OWN OR HAVE
OWNERSHIP INTEREST IN A FACILITY LICENSED PURSUANT TO TITLE FIVE-A OF
ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AND SHALL HOLD NOT MORE
THAN ONE NURSERY LICENSE. LICENSING LIMITS IMPOSED BY SUBDIVISIONS ELEV-
EN AND TWELVE OF THIS SECTION SHALL APPLY.
§ 171. ACTIONS TAKEN PURSUANT TO A VALID LICENSE ARE LAWFUL. NO
CONTRACTS RELATED TO THE OPERATION OF LICENSES UNDER THIS CHAPTER SHALL
BE DEEMED UNENFORCEABLE ON THE BASIS THAT THE ACTIONS PERMITTED PURSUANT
TO THE LICENSE ARE PROHIBITED BY FEDERAL LAW. THE FOLLOWING ACTIONS ARE
NOT UNLAWFUL AS PROVIDED UNDER THIS CHAPTER, SHALL NOT BE AN OFFENSE
UNDER ANY STATE OR LOCAL LAW, AND SHALL NOT RESULT IN ANY CIVIL FINE,
SEIZURE, OR FORFEITURE OF ASSETS AGAINST ANY PERSON ACTING IN ACCORDANCE
WITH THIS CHAPTER:
1. ACTIONS OF A LICENSEE, ITS EMPLOYEES, AND ITS AGENTS, AS PERMITTED
BY THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE BUREAU,
PURSUANT TO A VALID LICENSE ISSUED BY THE BUREAU.
2. ACTIONS OF THOSE WHO ALLOW PROPERTY TO BE USED BY A LICENSEE, ITS
EMPLOYEES, AND ITS AGENTS, AS PERMITTED BY THIS CHAPTER AND CONSISTENT
WITH RULES AND REGULATIONS OF THE BUREAU, PURSUANT TO A VALID LICENSE
ISSUED BY THE BUREAU.
3. ACTIONS OF ANY PERSON OR ENTITY, THEIR EMPLOYEES, OR THEIR AGENTS
PROVIDING A SERVICE TO A LICENSEE OR POTENTIAL LICENSEE, AS PERMITTED BY
THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE BUREAU,
RELATING TO THE FORMATION OF A BUSINESS.
4. THE PURCHASE, POSSESSION, OR CONSUMPTION OF MARIHUANA, AS PERMITTED
BY THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE BUREAU,
OBTAINED FROM A VALIDLY LICENSED RETAILER.
§ 172. GENERAL PROHIBITIONS AND RESTRICTIONS. 1. NO MARIHUANA PRODUCTS
MAY BE IMPORTED INTO OR EXPORTED FROM NEW YORK STATE.
S. 3040--C 29
2. NO PERSON MAY BE ISSUED A LICENSE UNDER SECTION ONE HUNDRED SIXTY-
NINE OF THIS ARTICLE IF THEY HAVE BEEN CONVICTED OF AN OFFENSE RELATED
TO THE FUNCTIONS, OR DUTIES OF OWNING AND OPERATING A BUSINESS WITHIN
THREE YEARS OF THE APPLICATION DATE, EXCEPT THAT IF THE BUREAU DETER-
MINES THAT THE OWNER OR LICENSEE IS OTHERWISE SUITABLE TO BE ISSUED A
LICENSE, AND GRANTING THE LICENSE WOULD NOT COMPROMISE PUBLIC SAFETY,
THE BUREAU SHALL CONDUCT A THOROUGH REVIEW OF THE NATURE OF THE CRIME,
CONVICTION, CIRCUMSTANCES, AND EVIDENCE OF REHABILITATION OF THE OWNER,
AND SHALL EVALUATE THE SUITABILITY OF THE OWNER OR LICENSEE TO BE ISSUED
A LICENSE BASED ON THE EVIDENCE FOUND THROUGH THE REVIEW. IN DETERMINING
WHICH OFFENSES ARE SUBSTANTIALLY RELATED TO THE FUNCTIONS OR DUTIES OF
OWNING AND OPERATING A BUSINESS, THE BUREAU SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE FOLLOWING:
(A) A FELONY CONVICTION INVOLVING FRAUD, MONEY LAUNDERING, FORGERY AND
OTHER UNLAWFUL CONDUCT RELATED TO OWNING AND OPERATING A BUSINESS.
(B) A FELONY CONVICTION FOR HIRING, EMPLOYING, OR USING A MINOR IN
TRANSPORTING, CARRYING, SELLING, GIVING AWAY, PREPARING FOR SALE, OR
PEDDLING, ANY CONTROLLED SUBSTANCE TO A MINOR; OR SELLING, OFFERING TO
SELL, FURNISHING, OFFERING TO FURNISH, ADMINISTERING, OR GIVING ANY
CONTROLLED SUBSTANCE TO A MINOR.
3. NO LICENSE OF ANY KIND MAY BE ISSUED TO A PERSON UNDER THE AGE OF
TWENTY-ONE YEARS, NOR SHALL ANY LICENSEE EMPLOY ANYONE UNDER THE AGE OF
TWENTY-ONE YEARS.
§ 173. CERTAIN OFFICIALS NOT TO BE INTERESTED IN THE MANUFACTURE OR
SALE OF MARIHUANA. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTION ONE
HUNDRED TWENTY-EIGHT-A OF THIS CHAPTER, IT SHALL BE UNLAWFUL FOR ANY
POLICE COMMISSIONER, POLICE INSPECTOR, CAPTAIN, SERGEANT, ROUNDSMAN,
PATROLMAN OR OTHER POLICE OFFICIAL OR SUBORDINATE OF ANY POLICE DEPART-
MENT IN THE STATE, TO BE EITHER DIRECTLY OR INDIRECTLY INTERESTED IN THE
MANUFACTURE OR SALE OF MARIHUANA OR TO OFFER FOR SALE, OR RECOMMEND TO
ANY LICENSEE ANY MARIHUANA. A PERSON MAY NOT BE DENIED ANY LICENSE
GRANTED UNDER THE PROVISIONS OF SECTIONS FIFTY-FOUR, FIFTY-FIVE, FIFTY-
NINE, SIXTY-THREE, SIXTY-FOUR, SEVENTY-NINE, EIGHTY-ONE, OR ARTICLE
SEVEN OF THIS CHAPTER SOLELY ON THE GROUNDS OF BEING THE SPOUSE OF A
PUBLIC SERVANT DESCRIBED IN THIS SUBDIVISION. THE SOLICITATION OR RECOM-
MENDATION MADE TO ANY LICENSEE, TO PURCHASE ANY MARIHUANA BY ANY POLICE
OFFICIAL OR SUBORDINATE AS DESCRIBED IN THIS SUBDIVISION, SHALL BE
PRESUMPTIVE EVIDENCE OF THE INTEREST OF SUCH OFFICIAL OR SUBORDINATE IN
THE MANUFACTURE OR SALE OF MARIHUANA.
2. NO ELECTIVE VILLAGE OFFICER SHALL BE SUBJECT TO THE LIMITATIONS SET
FORTH IN SUBDIVISION ONE OF THIS SECTION UNLESS SUCH ELECTIVE VILLAGE
OFFICER SHALL BE ASSIGNED DUTIES DIRECTLY RELATING TO THE OPERATION OR
MANAGEMENT OF THE POLICE DEPARTMENT.
§ 174. PROVISIONS GOVERNING INITIAL RULEMAKING. 1. WITHIN TWO HUNDRED
FORTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE BUREAU SHALL
PERFORM SUCH ACTS, PRESCRIBE SUCH FORMS AND MAKE SUCH RULES, REGULATIONS
AND ORDERS AS IT MAY DEEM NECESSARY OR PROPER TO FULLY EFFECTUATE THE
PROVISIONS OF THIS ARTICLE.
2. THE BUREAU SHALL PROMULGATE NECESSARY RULES AND REGULATIONS GOVERN-
ING THE LICENSING OF MARIHUANA PRODUCERS, MARIHUANA PROCESSORS, MARIHUA-
NA RETAILERS AND MARIHUANA RETAILERS FOR CONSUMPTION ON-SITE, INCLUDING:
(A) PRESCRIBING FORMS AND ESTABLISHING APPLICATION, REINSTATEMENT, AND
RENEWAL FEES;
(B) THE QUALIFICATIONS FOR LICENSURE;
S. 3040--C 30
(C) THE BOOKS AND RECORDS TO BE CREATED AND MAINTAINED BY LICENSEES,
THE REPORTS TO BE MADE THEREON TO THE BUREAU, AND INSPECTION OF THE
BOOKS AND RECORDS;
(D) METHODS OF PRODUCING, PROCESSING, AND PACKAGING MARIHUANA, MARI-
HUANA-INFUSED PRODUCTS, AND CONCENTRATED CANNABIS; CONDITIONS OF SANITA-
TION, AND STANDARDS OF INGREDIENTS, QUALITY, AND IDENTITY OF MARIHUANA
PRODUCTS PRODUCED, PROCESSED, PACKAGED, OR SOLD BY LICENSEES; AND
(E) SECURITY REQUIREMENTS FOR MARIHUANA RETAILERS AND PREMISES WHERE
MARIHUANA PRODUCTS ARE PRODUCED OR PROCESSED, AND SAFETY PROTOCOLS FOR
LICENSEES AND THEIR EMPLOYEES.
3. THE BUREAU SHALL PROMULGATE RULES AND REGULATIONS THAT ARE CALCU-
LATED TO:
(A) PREVENT THE DISTRIBUTION OF MARIHUANA TO PERSONS UNDER TWENTY-ONE
YEARS OF AGE;
(B) PREVENT THE REVENUE FROM THE SALE OF MARIHUANA FROM GOING TO
ORGANIZED CRIMINAL ENTERPRISES AND CARTELS;
(C) PREVENT THE DIVERSION OF MARIHUANA FROM THIS STATE TO OTHER
STATES;
(D) PREVENT MARIHUANA ACTIVITY THAT IS LEGAL UNDER STATE LAW FROM
BEING USED AS A COVER OR PRETEXT FOR THE TRAFFICKING OF OTHER ILLEGAL
DRUGS OR OTHER ILLEGAL ACTIVITY;
(E) PREVENT VIOLENCE AND THE USE OF FIREARMS IN THE CULTIVATION AND
DISTRIBUTION OF MARIHUANA;
(F) PREVENT IMPAIRED DRIVING AND THE EXACERBATION OF OTHER ADVERSE
PUBLIC HEALTH CONSEQUENCES ASSOCIATED WITH THE USE OF MARIHUANA;
(G) PREVENT THE GROWING OF MARIHUANA ON PUBLIC LANDS AND THE ATTENDANT
PUBLIC SAFETY AND ENVIRONMENTAL DANGERS POSED BY MARIHUANA PRODUCTION ON
PUBLIC LANDS; AND
(H) PREVENT THE POSSESSION AND USE OF MARIHUANA ON FEDERAL PROPERTY.
4. RULES AND REGULATIONS PROMULGATED BY THE BUREAU PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION SHALL NOT PROHIBIT THE OPERATION OF MARI-
HUANA ESTABLISHMENTS EITHER EXPRESSLY OR THROUGH REGULATIONS THAT MAKE
THEIR OPERATION UNREASONABLY IMPRACTICABLE.
5. THE BUREAU, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE AND
MARKETS AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL PROMUL-
GATE NECESSARY RULES AND REGULATIONS GOVERNING THE SAFE PRODUCTION OF
MARIHUANA, INCLUDING RESTRICTIONS ON THE USE OF PESTICIDES, INSECTICIDES
AND HERBICIDES.
§ 175. PROVISIONS GOVERNING MARIHUANA PRODUCERS. 1. NO PRODUCER SHALL
SELL, OR AGREE TO SELL OR DELIVER IN THE STATE ANY MARIHUANA PRODUCTS,
AS THE CASE MAY BE, EXCEPT IN SEALED CONTAINERS CONTAINING QUANTITIES IN
ACCORDANCE WITH SIZE STANDARDS PURSUANT TO RULES ADOPTED BY THE BUREAU.
SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY BE
REQUIRED BY THE RULES OF THE BUREAU, TOGETHER WITH ALL NECESSARY NEW
YORK STATE EXCISE TAX STAMPS, AS REQUIRED BY LAW.
2. NO PRODUCER SHALL DELIVER ANY MARIHUANA PRODUCTS, EXCEPT IN VEHI-
CLES OWNED AND OPERATED BY SUCH PRODUCER, OR HIRED AND OPERATED BY SUCH
PRODUCER FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH THE
BUREAU, AND SHALL ONLY MAKE DELIVERIES AT THE LICENSED PREMISES OF THE
PURCHASER.
3. EACH PRODUCER SHALL KEEP AND MAINTAIN UPON THE LICENSED PREMISES,
ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS INVOLVING THE PRODUCER
AND SALE OF HIS OR ITS PRODUCTS, WHICH SHALL INCLUDE ALL INFORMATION
REQUIRED BY RULES PROMULGATED BY THE BUREAU. EACH SALE SHALL BE RECORDED
SEPARATELY ON A NUMBERED INVOICE, WHICH SHALL HAVE PRINTED THEREON THE
NUMBER, THE NAME OF THE LICENSEE, THE ADDRESS OF THE LICENSED PREMISES,
S. 3040--C 31
AND THE CURRENT LICENSE NUMBER. SUCH PRODUCER SHALL DELIVER TO THE
PURCHASER A TRUE DUPLICATE INVOICE STATING THE NAME AND ADDRESS OF THE
PURCHASER, THE QUANTITY PURCHASED, DESCRIPTION AND THE PRICE OF THE
PRODUCT, AND A TRUE, ACCURATE AND COMPLETE STATEMENT OF THE TERMS AND
CONDITIONS ON WHICH SUCH SALE IS MADE. SUCH BOOKS, RECORDS AND INVOICES
SHALL BE KEPT FOR A PERIOD OF TWO YEARS AND SHALL BE AVAILABLE FOR
INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE BUREAU.
4. NO PRODUCER SHALL FURNISH OR CAUSE TO BE FURNISHED TO ANY LICENSEE,
ANY EXTERIOR OR INTERIOR SIGN, PRINTED, PAINTED, ELECTRIC OR OTHERWISE,
EXCEPT AS AUTHORIZED BY THE BUREAU. THE BUREAU MAY MAKE SUCH RULES AS IT
DEEMS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THIS SUBDIVISION.
§ 176. PROVISIONS GOVERNING PROCESSORS. 1. NO PROCESSOR SHALL BE
ENGAGED IN ANY OTHER BUSINESS ON THE PREMISES TO BE LICENSED; EXCEPT
THAT NOTHING CONTAINED IN THIS CHAPTER SHALL PREVENT A MARIHUANA PRODUC-
ER AND A MARIHUANA PROCESSOR FROM OPERATING ON THE SAME PREMISES AND
FROM A PERSON HOLDING BOTH LICENSES.
2. NO PROCESSOR SHALL SELL, OR AGREE TO SELL OR DELIVER IN THE STATE
ANY MARIHUANA PRODUCTS, EXCEPT IN A SEALED PACKAGE CONTAINING QUANTITIES
IN ACCORDANCE WITH SIZE STANDARDS PURSUANT TO RULES ADOPTED BY THE
BUREAU. SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY BE
REQUIRED BY THE RULES OF THE BUREAU, TOGETHER WITH ALL NECESSARY NEW
YORK STATE EXCISE TAX STAMPS, AS REQUIRED BY LAW.
3. NO PROCESSOR SHALL DELIVER ANY PRODUCTS, EXCEPT IN VEHICLES OWNED
AND OPERATED BY SUCH PROCESSOR, OR HIRED AND OPERATED BY SUCH PROCESSOR
FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH THE BUREAU,
AND SHALL ONLY MAKE DELIVERIES AT THE LICENSED PREMISES OF THE PURCHAS-
ER.
4. EACH PROCESSOR SHALL KEEP AND MAINTAIN UPON THE LICENSED PREMISES,
ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS INVOLVING THE BUSINESS
TRANSACTED BY SUCH PROCESSOR, WHICH SHALL SHOW THE AMOUNT OF MARIHUANA
PRODUCTS, PURCHASED BY SUCH PROCESSOR TOGETHER WITH THE NAMES, LICENSE
NUMBERS AND PLACES OF BUSINESS OF THE PERSONS FROM WHOM THE SAME WAS
PURCHASED AND THE AMOUNT INVOLVED IN SUCH PURCHASES, AS WELL AS THE
AMOUNT OF MARIHUANA PRODUCTS SOLD BY SUCH PROCESSOR TOGETHER WITH THE
NAMES, ADDRESSES, AND LICENSE NUMBERS OF SUCH PURCHASERS. EACH SALE
SHALL BE RECORDED SEPARATELY ON A NUMBERED INVOICE, WHICH SHALL HAVE
PRINTED THEREON THE NUMBER, THE NAME OF THE LICENSEE, THE ADDRESS OF THE
LICENSED PREMISES, AND THE CURRENT LICENSE NUMBER. SUCH PROCESSOR SHALL
DELIVER TO THE PURCHASER A TRUE DUPLICATE INVOICE STATING THE NAME AND
ADDRESS OF THE PURCHASER, QUANTITY PURCHASED, DESCRIPTION AND THE PRICE
OF THE PRODUCT, AND A TRUE, ACCURATE AND COMPLETE STATEMENT OF THE TERMS
AND CONDITIONS ON WHICH SUCH SALE IS MADE. SUCH BOOKS, RECORDS AND
INVOICES SHALL BE KEPT FOR A PERIOD OF TWO YEARS AND SHALL BE AVAILABLE
FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE BUREAU.
§ 177. PROVISIONS GOVERNING MARIHUANA RETAILERS. 1. NO RETAIL LICENSE
SHALL BE GRANTED FOR ANY PREMISES, UNLESS THE APPLICANT SHALL BE THE
OWNER THEREOF, OR SHALL BE IN POSSESSION OF SAID PREMISES UNDER A LEASE,
MANAGEMENT AGREEMENT OR OTHER AGREEMENT GIVING THE APPLICANT CONTROL
OVER THE PREMISES, IN WRITING, FOR A TERM NOT LESS THAN THE LICENSE
PERIOD.
2. NO PREMISES SHALL BE LICENSED TO SELL MARIHUANA PRODUCTS, UNLESS
SAID PREMISES SHALL BE LOCATED IN A STORE, THE PRINCIPAL ENTRANCE TO
WHICH SHALL BE FROM THE STREET LEVEL AND LOCATED ON A PUBLIC THOROUGH-
FARE IN PREMISES WHICH MAY BE OCCUPIED, OPERATED OR CONDUCTED FOR BUSI-
NESS, TRADE OR INDUSTRY OR ON AN ARCADE OR SUB-SURFACE THOROUGHFARE
LEADING TO A RAILROAD TERMINAL. THERE MAY BE NOT MORE THAN ONE ADDI-
S. 3040--C 32
TIONAL ENTRANCE WHICH SHALL BE FROM THE STREET LEVEL AND LOCATED ON AND
GIVING ACCESS TO AND FROM A PUBLIC OR PRIVATE PARKING LOT OR PARKING
AREA HAVING SPACE FOR NOT LESS THAN FIVE AUTOMOBILES.
3. NO MARIHUANA RETAIL LICENSE SHALL BE GRANTED FOR ANY PREMISES WHICH
A LICENSE WOULD NOT BE ALLOWED TO SELL AT RETAIL FOR CONSUMPTION OF
ALCOHOL OFF THE PREMISES BASED ON ITS PROXIMITY TO A BUILDING OCCUPIED
EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP
PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
4. NO MARIHUANA RETAIL LICENSEE SHALL OFFER FOR SALE ANY MARIHUANA
PRODUCTS IN ANY OTHER CONTAINER, EXCEPT IN THE ORIGINAL SEALED PACKAGE,
AS RECEIVED FROM THE PRODUCER, DISTRIBUTOR OR PROCESSOR. SUCH CONTAINERS
SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY BE REQUIRED BY THE RULES
OF THE BUREAU, TOGETHER WITH ALL NEW YORK STATE EXCISE TAX STAMPS, AS
REQUIRED BY LAW. SUCH CONTAINERS SHALL NOT BE OPENED NOR ITS CONTENTS
CONSUMED ON THE PREMISES WHERE SOLD.
5. NO MARIHUANA RETAIL LICENSEE SHALL SELL OR TRANSFER MARIHUANA
PRODUCTS TO ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
6. NO MARIHUANA RETAIL LICENSEE SHALL SELL ALCOHOLIC BEVERAGES ON THE
SAME PREMISES WHERE MARIHUANA PRODUCTS ARE SOLD.
7. NO SIGN OF ANY KIND PRINTED, PAINTED OR ELECTRIC, ADVERTISING ANY
BRAND SHALL BE PERMITTED ON THE EXTERIOR OR INTERIOR OF SUCH PREMISES,
EXCEPT BY PERMISSION OF THE BUREAU.
8. NO RETAIL LICENSEE SHALL DELIVER ANY MARIHUANA PRODUCTS EXCEPT IN
VEHICLES OWNED AND OPERATED BY SUCH LICENSEE, OR HIRED AND OPERATED BY
SUCH LICENSEE FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH
THE BUREAU, AND SHALL ONLY MAKE SUCH DELIVERIES AT THE PREMISES OF THE
PURCHASER.
9. NO RETAIL LICENSEE SHALL KEEP OR PERMIT TO BE KEPT UPON THE
LICENSED PREMISES, ANY MARIHUANA PRODUCTS IN ANY UNSEALED CONTAINER.
10. NO PREMISES LICENSED AS A MARIHUANA RETAILER SHALL BE PERMITTED TO
REMAIN OPEN DURING A TIME WHEN A PREMISES LICENSED TO SELL LIQUOR AND/OR
WINE FOR OFF-PREMISES CONSUMPTION IS NOT PERMITTED TO REMAIN OPEN PURSU-
ANT TO THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
11. EACH MARIHUANA RETAIL LICENSEE SHALL KEEP AND MAINTAIN UPON THE
LICENSED PREMISES, ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS
INVOLVING THE BUSINESS TRANSACTED BY SUCH LICENSEE, WHICH SHALL SHOW THE
AMOUNT OF MARIHUANA PRODUCTS, PURCHASED BY SUCH LICENSEE TOGETHER WITH
THE NAMES, LICENSE NUMBERS AND PLACES OF BUSINESS OF THE PERSONS FROM
WHOM THE SAME WERE PURCHASED, AND THE AMOUNT INVOLVED IN SUCH PURCHASES,
AS WELL AS THE AMOUNT OF MARIHUANA PRODUCTS, SOLD BY SUCH LICENSEE, AND
THE AMOUNT INVOLVED IN EACH SALE. SUCH BOOKS AND RECORDS SHALL BE AVAIL-
ABLE FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE BUREAU.
12. ALL PREMISES LICENSED UNDER THIS SECTION SHALL BE SUBJECT TO
INSPECTION BY ANY PEACE OFFICER DESCRIBED IN SUBDIVISION FOUR OF SECTION
2.10 OF THE CRIMINAL PROCEDURE LAW ACTING PURSUANT TO HIS OR HER SPECIAL
DUTIES, OR POLICE OFFICER OR ANY DULY AUTHORIZED REPRESENTATIVE OF THE
BUREAU, DURING THE HOURS WHEN THE SAID PREMISES ARE OPEN FOR THE TRANS-
ACTION OF BUSINESS.
§ 178. PROVISIONS GOVERNING MARIHUANA ON-SITE CONSUMPTION LICENSES. 1.
NO MARIHUANA RETAILER OR MICROBUSINESS SHALL BE GRANTED A MARIHUANA
ON-SITE CONSUMPTION LICENSE FOR A PREMISES LOCATED IN WHOLE OR IN PART
INSIDE THE BOUNDARIES OF ANY CITY, VILLAGE OR TOWN, UNLESS THE LOCAL
LEGISLATIVE BODY OF SUCH CITY, VILLAGE OR TOWN, BY RESOLUTION, EXPRESSLY
AUTHORIZES THE LICENSING OF SUCH FACILITIES IN SUCH CITY, VILLAGE OR
TOWN. THE LOCAL LEGISLATIVE BODY MAY DIRECT AN APPROPRIATE OFFICER,
BOARD OR BODY OF SUCH CITY, VILLAGE OR TOWN AS THE LOCAL LICENSING
S. 3040--C 33
AUTHORITY TO AUTHORIZE INDIVIDUAL MARIHUANA FACILITY LICENSE APPLICA-
TIONS. IN CITIES OF ONE MILLION OR MORE RESIDENTS, SHOULD THE LOCAL
LEGISLATIVE BODY AUTHORIZE SUCH LICENSE, NO MARIHUANA RETAILER LICENSE
FOR CONSUMPTION ON-SITE SHALL BE GRANTED UNLESS THE COMMUNITY BOARD
ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK
CITY CHARTER WITH JURISDICTION OVER THE AREA IN WHICH THE PREMISES WILL
BE LOCATED SHALL ALSO AUTHORIZE SUCH LICENSE.
2. NO MARIHUANA RETAILER OR MICROBUSINESS SHALL BE GRANTED A MARIHUANA
ON-SITE CONSUMPTION LICENSE FOR ANY PREMISES, UNLESS THE APPLICANT SHALL
BE THE OWNER THEREOF, OR SHALL BE IN POSSESSION OF SAID PREMISES UNDER A
LEASE, IN WRITING, FOR A TERM NOT LESS THAN THE LICENSE PERIOD EXCEPT,
HOWEVER, THAT SUCH LICENSE MAY THEREAFTER BE RENEWED WITHOUT THE
REQUIREMENT OF A LEASE AS HEREIN PROVIDED. THIS SUBDIVISION SHALL NOT
APPLY TO PREMISES LEASED FROM GOVERNMENT AGENCIES, AS DEFINED UNDER
SUBDIVISION TWELVE-C OF SECTION THREE OF THIS CHAPTER; PROVIDED, HOWEV-
ER, THAT THE APPROPRIATE ADMINISTRATOR OF SUCH GOVERNMENT AGENCY
PROVIDES SOME FORM OF WRITTEN DOCUMENTATION REGARDING THE TERMS OF OCCU-
PANCY UNDER WHICH THE APPLICANT IS LEASING SAID PREMISES FROM THE
GOVERNMENT AGENCY FOR PRESENTATION TO THE BUREAU AT THE TIME OF THE
LICENSE APPLICATION. SUCH DOCUMENTATION SHALL INCLUDE THE TERMS OF OCCU-
PANCY BETWEEN THE APPLICANT AND THE GOVERNMENT AGENCY, INCLUDING, BUT
NOT LIMITED TO, ANY SHORT-TERM LEASING AGREEMENTS OR WRITTEN OCCUPANCY
AGREEMENTS.
3. NO MARIHUANA RETAILER OR MICROBUSINESS SHALL BE GRANTED A MARIHUANA
ON-SITE CONSUMPTION LICENSE FOR ANY PREMISES WHERE A LICENSE WOULD NOT
BE ALLOWED TO SELL AT RETAIL FOR CONSUMPTION OF ALCOHOL ON THE PREMISES
BASED ON ITS PROXIMITY TO A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL,
CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP PURSUANT TO THE PROVISIONS
OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
4. THE BUREAU MAY CONSIDER ANY OR ALL OF THE FOLLOWING IN DETERMINING
WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
PROMOTED BY THE GRANTING OF LICENSES AND PERMITS FOR A MARIHUANA ON-SITE
CONSUMPTION LICENSE AT A PARTICULAR UNLICENSED LOCATION:
(A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
LOCATION AND IN THE PARTICULAR TOWN, CITY OR VILLAGE OR SUBDIVISION
THEREOF.
(B) EVIDENCE THAT ALL NECESSARY LICENSES AND PERMITS HAVE BEEN
OBTAINED FROM THE STATE AND ALL OTHER GOVERNING BODIES.
(C) EFFECT OF THE GRANT OF THE LICENSE ON VEHICULAR TRAFFIC AND PARK-
ING IN PROXIMITY TO THE LOCATION.
(D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES.
(E) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO DETERMINE THE PUBLIC CONVENIENCE AND ADVANTAGE AND PUBLIC INTEREST OF
THE COMMUNITY.
5. IF THE BUREAU SHALL DISAPPROVE AN APPLICATION FOR A LICENSE OR
PERMIT, IT SHALL STATE AND FILE IN ITS OFFICES THE REASONS THEREFOR AND
SHALL NOTIFY THE APPLICANT THEREOF. SUCH APPLICANT MAY THEREUPON APPLY
TO THE BUREAU FOR A REVIEW OF SUCH ACTION IN A MANNER TO BE PRESCRIBED
BY THE RULES OF THE BUREAU. A HEARING UPON NOTICE TO THE APPLICANT SHALL
THEREUPON BE HELD BY THE BUREAU OR BY ONE OF ITS MEMBERS AT ITS OFFICE
MOST CONVENIENTLY SITUATED TO THE OFFICE OF ITS DULY AUTHORIZED REPRE-
SENTATIVE IN A MANNER TO BE PRESCRIBED IN ITS RULES; AND ON SUCH HEARING
PROOF MAY BE TAKEN BY ORAL TESTIMONY OR BY AFFIDAVIT RELATIVE THERETO.
AFTER SUCH HEARING, IF THE BUREAU CONFIRMS SUCH DISAPPROVAL, IT SHALL
ENDORSE SUCH APPLICATION ACCORDINGLY AND SHALL SEND NOTICE TO THE APPLI-
S. 3040--C 34
CANT OF ITS ACTION IN SUCH FORM AS THE BUREAU MAY PRESCRIBE. IF THE
BUREAU DOES NOT CONFIRM THE DISAPPROVAL ACTION IT MAY GRANT SUCH APPLI-
CATION AND ISSUE SUCH LICENSE.
6. NO MARIHUANA ON-SITE CONSUMPTION LICENSEE, EXCEPT PERSONS OR CORPO-
RATIONS OPERATING A HOTEL, AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
THREE OF THIS CHAPTER, FOR EXCLUSIVE USE IN THE FURNISHING OF ROOM
SERVICE IN THE MANNER PRESCRIBED BY RULE OR REGULATION OF THE BUREAU,
SHALL KEEP UPON THE LICENSED PREMISES ANY MARIHUANA PRODUCTS, EXCEPT
THOSE PURCHASED FROM A LICENSED PRODUCER, AND IN CONTAINERS APPROVED BY
THE BUREAU. SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS AS
MAY BE REQUIRED BY THE RULES OF THE BUREAU, TOGETHER WITH ALL NECESSARY
EXCISE STAMPS AS REQUIRED BY LAW. NO MARIHUANA RETAIL LICENSEE FOR
ON-SITE CONSUMPTION SHALL REUSE, REFILL, TAMPER WITH, ADULTERATE, DILUTE
OR FORTIFY THE CONTENTS OF ANY CONTAINER OF MARIHUANA PRODUCTS AS
RECEIVED FROM THE MANUFACTURER OR WHOLESALER.
7. NO MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL SELL, DELIVER OR
GIVE AWAY, OR CAUSE OR PERMIT OR PROCURE TO BE SOLD, DELIVERED OR GIVEN
AWAY ANY MARIHUANA FOR CONSUMPTION ON THE PREMISES WHERE SOLD IN A
CONTAINER OR PACKAGE CONTAINING MORE THAN ONE GRAM OF MARIHUANA.
8. EXCEPT WHERE A PERMIT TO DO SO IS OBTAINED PURSUANT TO SECTION
405.10 OF THE PENAL LAW, NO MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL
SUFFER, PERMIT, OR PROMOTE AN EVENT ON ITS PREMISES WHEREIN ANY PERSON
SHALL USE, EXPLODE, OR CAUSE TO EXPLODE, ANY FIREWORKS OR OTHER PYRO-
TECHNICS IN A BUILDING AS DEFINED IN PARAGRAPH E OF SUBDIVISION ONE OF
SECTION 405.10 OF THE PENAL LAW, THAT IS COVERED BY SUCH LICENSE OR
POSSESS SUCH FIREWORKS OR PYROTECHNICS FOR SUCH PURPOSE. IN ADDITION TO
ANY OTHER PENALTY PROVIDED BY LAW, A VIOLATION OF THIS SUBDIVISION SHALL
CONSTITUTE AN ADEQUATE GROUND FOR INSTITUTING A PROCEEDING TO SUSPEND,
CANCEL, OR REVOKE THE LICENSE OF THE VIOLATOR IN ACCORDANCE WITH THE
APPLICABLE PROCEDURES SPECIFIED IN SECTION ONE HUNDRED NINETEEN OF THIS
CHAPTER; PROVIDED HOWEVER, IF MORE THAN ONE LICENSEE IS PARTICIPATING IN
A SINGLE EVENT, UPON APPROVAL BY THE BUREAU, ONLY ONE LICENSEE MUST
OBTAIN SUCH PERMIT.
9. NO RESTAURANT AND NO PREMISES LICENSED TO SELL MARIHUANA PRODUCTS
FOR ON-SITE CONSUMPTION UNDER PARAGRAPH (A) OF SUBDIVISION SIX OF
SECTION SIXTY-FOUR-A OF THIS CHAPTER SHALL BE PERMITTED TO HAVE ANY
OPENING OR MEANS OF ENTRANCE OR PASSAGEWAY FOR PERSONS OR THINGS BETWEEN
THE LICENSED PREMISES AND ANY OTHER ROOM OR PLACE IN THE BUILDING
CONTAINING THE LICENSED PREMISES, OR ANY ADJOINING OR ABUTTING PREMISES,
UNLESS INGRESS AND EGRESS IS RESTRICTED BY AN EMPLOYEE, AGENT OF THE
LICENSEE, OR OTHER APPROVED METHOD OF CONTROLLING ACCESS TO THE FACILI-
TY, OR UNLESS SUCH PREMISES ARE A BONA FIDE RESTAURANT WITH SUCH ACCESS
FOR PATRONS AND GUESTS FROM ANY PART OF SUCH BUILDING OR ADJOINING OR
ABUTTING PREMISES AS SHALL SERVE PUBLIC CONVENIENCE IN A REASONABLE AND
SUITABLE MANNER; OR UNLESS SUCH LICENSED PREMISES ARE IN A BUILDING
OWNED OR OPERATED BY ANY TOWN, CITY, VILLAGE OR PUBLIC AUTHORITY OR
AGENCY, IN A PARK OR OTHER SIMILAR PLACE OF PUBLIC ACCOMMODATION. ALL
GLASS IN ANY WINDOW OR DOOR ON SAID LICENSED PREMISES SHALL BE CLEAR AND
SHALL NOT BE OPAQUE, COLORED, STAINED OR FROSTED.
10. A VESSEL LICENSED TO SELL MARIHUANA PRODUCTS FOR ON-SITE CONSUMP-
TION SHALL NOT BE PERMITTED TO SELL ANY MARIHUANA PRODUCTS, WHILE SAID
VESSEL IS MOORED TO A PIER OR DOCK, EXCEPT THAT VESSELS SAILING ON
ESTABLISHED SCHEDULES SHALL BE PERMITTED TO SELL MARIHUANA PRODUCTS FOR
A PERIOD OF THREE HOURS PRIOR TO THE REGULAR ADVERTISED SAILING TIME.
11. EACH MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL KEEP AND MAIN-
TAIN UPON THE LICENSED PREMISES, ADEQUATE RECORDS OF ALL TRANSACTIONS
S. 3040--C 35
INVOLVING THE BUSINESS TRANSACTED BY SUCH LICENSEE WHICH SHALL SHOW THE
AMOUNT OF MARIHUANA PRODUCTS, IN AN APPLICABLE METRIC MEASUREMENT,
PURCHASED BY SUCH LICENSEE TOGETHER WITH THE NAMES, LICENSE NUMBERS AND
PLACES OF BUSINESS OF THE PERSONS FROM WHOM THE SAME WERE PURCHASED, THE
AMOUNT INVOLVED IN SUCH PURCHASES, AS WELL AS THE SALES OF MARIHUANA
PRODUCTS MADE BY SUCH LICENSEE. THE BUREAU IS HEREBY AUTHORIZED TO
PROMULGATE RULES AND REGULATIONS PERMITTING AN ON-SITE LICENSEE OPERAT-
ING TWO OR MORE PREMISES SEPARATELY LICENSED TO SELL MARIHUANA PRODUCTS
FOR ON-SITE CONSUMPTION TO INAUGURATE OR RETAIN IN THIS STATE METHODS OR
PRACTICES OF CENTRALIZED ACCOUNTING, BOOKKEEPING, CONTROL RECORDS,
REPORTING, BILLING, INVOICING OR PAYMENT RESPECTING PURCHASES, SALES OR
DELIVERIES OF MARIHUANA PRODUCTS, OR METHODS AND PRACTICES OF CENTRAL-
IZED RECEIPT OR STORAGE OF MARIHUANA PRODUCTS WITHIN THIS STATE WITHOUT
SEGREGATION OR EARMARKING FOR ANY SUCH SEPARATELY LICENSED PREMISES,
WHEREVER SUCH METHODS AND PRACTICES ASSURE THE AVAILABILITY, AT SUCH
LICENSEE'S CENTRAL OR MAIN OFFICE IN THIS STATE, OF DATA REASONABLY
NEEDED FOR THE ENFORCEMENT OF THIS CHAPTER. SUCH RECORDS SHALL BE AVAIL-
ABLE FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE BUREAU.
12. ALL RETAIL LICENSED PREMISES SHALL BE SUBJECT TO INSPECTION BY ANY
PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE
OFFICER AND BY THE DULY AUTHORIZED REPRESENTATIVES OF THE BUREAU, DURING
THE HOURS WHEN THE SAID PREMISES ARE OPEN FOR THE TRANSACTION OF BUSI-
NESS.
13. A MARIHUANA ON-SITE CONSUMPTION LICENSEE SHALL NOT PROVIDE MARI-
HUANA PRODUCTS TO ANY PERSON UNDER THE AGE OF TWENTY-ONE.
§ 179. ADVERTISING AND FORMS FOR THE ISSUANCE OF LICENSES. 1. THE
BUREAU IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS GOVERN-
ING THE ADVERTISING OF MARIHUANA PRODUCERS, MARIHUANA PROCESSORS, MARI-
HUANA RETAILERS, AND ANY MARIHUANA RELATED PRODUCTS OR SERVICES.
2. THE BUREAU SHALL PROMULGATE EXPLICIT RULES PROHIBITING ADVERTISING
THAT:
(A) IS FALSE, DECEPTIVE, OR MISLEADING;
(B) PROMOTES OVERCONSUMPTION;
(C) DEPICTS CONSUMPTION BY CHILDREN OR OTHER MINORS;
(D) IS DESIGNED IN ANY WAY TO APPEAL TO CHILDREN OR OTHER MINORS;
(E) IS WITHIN TWO HUNDRED FEET OF THE PERIMETER OF A PLAYGROUND, CHILD
CARE CENTER, PUBLIC PARK, LIBRARY OR SCHOOL GROUNDS;
(F) IS IN PUBLIC TRANSIT VEHICLES AND STATIONS;
(G) IS IN THE FORM OF AN UNSOLICITED INTERNET POP-UP; OR
(H) IS ON PUBLICLY OWNED OR OPERATED PROPERTY.
3. THE BUREAU SHALL PROMULGATE EXPLICIT RULES PROHIBITING ALL MARKET-
ING STRATEGIES AND IMPLEMENTATION INCLUDING, BUT NOT LIMITED TO, BRAND-
ING, PACKAGING, LABELING, LOCATION OF MARIHUANA RETAILERS AND MARIHUANA
MICROBUSINESSES, AND ADVERTISEMENTS THAT ARE DESIGNED TO:
(A) APPEAL TO PERSONS LESS THEN TWENTY-ONE YEARS OF AGE; OR
(B) DISSEMINATE FALSE OR MISLEADING INFORMATION TO CUSTOMERS.
4. THE BUREAU SHALL PROMULGATE EXPLICIT RULES REQUIRING THAT:
(A) ALL ADVERTISEMENTS AND MARKETING ACCURATELY AND LEGIBLY IDENTIFY
THE LICENSEE RESPONSIBLE FOR ITS CONTENT; AND
(B) ANY BROADCAST, CABLE, RADIO, PRINT AND DIGITAL COMMUNICATIONS
ADVERTISEMENTS ONLY BE PLACED WHERE THE AUDIENCE IS REASONABLY EXPECTED
TO BE TWENTY-ONE YEARS OF AGE OR OLDER, AS DETERMINED BY RELIABLE,
UP-TO-DATE AUDIENCE COMPOSITION DATA.
§ 180. PACKAGING OF MARIHUANA PRODUCTS. 1. THE BUREAU IS HEREBY
AUTHORIZED TO PROMULGATE RULES AND REGULATIONS GOVERNING THE PACKAGING
OF MARIHUANA PRODUCTS, SOLD OR POSSESSED FOR SALE IN NEW YORK STATE.
S. 3040--C 36
2. SUCH REGULATIONS SHALL INCLUDE REQUIRING THAT:
(A) PACKAGING MEETS REQUIREMENTS SIMILAR TO THE FEDERAL "POISON
PREVENTION PACKAGING ACT OF 1970," 15 U.S.C. SEC 1471 ET SEQ.;
(B) ALL MARIHUANA-INFUSED PRODUCTS SHALL HAVE A SEPARATE PACKAGING FOR
EACH SERVING;
(C) PRIOR TO DELIVERY OR SALE AT A RETAILER, MARIHUANA AND MARIHUANA
PRODUCTS SHALL BE LABELED AND PLACED IN A RESEALABLE, CHILD-RESISTANT
PACKAGE; AND
(D) PACKAGES AND LABELS SHALL NOT BE MADE TO BE ATTRACTIVE TO CHIL-
DREN.
§ 181. LABELING OF MARIHUANA PRODUCTS. 1. THE BUREAU IS HEREBY AUTHOR-
IZED TO PROMULGATE RULES AND REGULATIONS GOVERNING THE LABELING AND
OFFERING OF MARIHUANA PRODUCTS FOR SALE WITHIN THIS STATE.
2. SUCH RULES AND REGULATIONS SHALL BE CALCULATED TO: (A) PROHIBIT
DECEPTION OF THE CONSUMER; (B) AFFORD ADEQUATE INFORMATION AS TO QUALITY
AND IDENTITY OF THE PRODUCT; AND (C) ACHIEVE NATIONAL UNIFORMITY IN THIS
BUSINESS.
3. THE BUREAU MAY SEEK THE ASSISTANCE OF THE DEPARTMENT OF HEALTH WHEN
NECESSARY BEFORE PROMULGATING RULES AND REGULATIONS UNDER THIS SECTION.
4. SUCH REGULATIONS SHALL INCLUDE REQUIRING LABELS WARNING CONSUMERS
OF ANY POTENTIAL IMPACT ON HUMAN HEALTH RESULTING FROM THE CONSUMPTION
OF MARIHUANA PRODUCTS THAT SHALL BE AFFIXED TO THOSE PRODUCTS WHEN SOLD,
IF SUCH LABELS ARE DEEMED WARRANTED BY THE BUREAU AFTER CONSULTATION
WITH THE DEPARTMENT OF HEALTH.
5. ALL MARIHUANA AND MARIHUANA PRODUCT LABELS AND INSERTS SHALL
INCLUDE THE FOLLOWING INFORMATION PROMINENTLY DISPLAYED IN A CLEAR AND
LEGIBLE FASHION IN ACCORDANCE WITH THE REQUIREMENTS, INCLUDING FONT
SIZE, PRESCRIBED BY THE BUREAU OR THE DEPARTMENT OF HEALTH: NOT LESS
THAN 8 POINT FONT:
(A) MANUFACTURE DATE AND SOURCE;
(B) FOR PACKAGES CONTAINING ONLY DRIED FLOWER, THE NET WEIGHT OF MARI-
HUANA IN THE PACKAGE;
(C) IDENTIFICATION OF THE SOURCE AND DATE OF CULTIVATION, THE TYPE OF
MARIHUANA OR MARIHUANA PRODUCT AND THE DATE OF MANUFACTURING AND PACKAG-
ING;
(D) LIST OF PHARMACOLOGICALLY ACTIVE INGREDIENTS, INCLUDING, BUT NOT
LIMITED TO, TETRAHYDROCANNABINOL (THC), CANNABIDIOL (CBD), AND OTHER
CANNABINOID CONTENT, THE THC AND OTHER CANNABINOID AMOUNT IN MILLIGRAMS
PER SERVING, SERVINGS PER PACKAGE, AND THE THC AND OTHER CANNABINOID
AMOUNT IN MILLIGRAMS FOR THE PACKAGE TOTAL, AND THE POTENCY OF THE MARI-
HUANA OR MARIHUANA PRODUCT BY REFERENCE TO THE AMOUNT OF TETRAHYDROCAN-
NABINOL AND CANNABIDIOL IN EACH SERVING;
(E) FOR MARIHUANA PRODUCTS, A LIST OF ALL INGREDIENTS AND DISCLOSURE
OF NUTRITIONAL INFORMATION IN THE SAME MANNER AS THE FEDERAL NUTRITIONAL
LABELING REQUIREMENTS IN 21 C.F.R. SECTION 101.9;
(F) A LIST OF ANY SOLVENTS, NONORGANIC PESTICIDES, HERBICIDES, AND
FERTILIZERS THAT WERE USED IN THE CULTIVATION, PRODUCTION, AND MANUFAC-
TURE OF SUCH MARIHUANA OR MARIHUANA PRODUCT;
(G) A WARNING IF NUTS OR OTHER KNOWN ALLERGENS ARE USED;
(H) INFORMATION ASSOCIATED WITH THE UNIQUE IDENTIFIER ISSUED BY THE
BUREAU OF MARIHUANA POLICY; AND
(I) ANY OTHER REQUIREMENTS SET BY THE BUREAU OF MARIHUANA POLICY.
6. ONLY GENERIC FOOD NAMES MAY BE USED TO DESCRIBE THE INGREDIENTS IN
EDIBLE MARIHUANA PRODUCTS.
7. SUCH RULES AND REGULATIONS SHALL ESTABLISH METHODS AND PROCEDURES
FOR DETERMINING SERVING SIZES FOR MARIHUANA-INFUSED PRODUCTS, ACTIVE
S. 3040--C 37
CANNABIS CONCENTRATION PER SERVING SIZE, AND NUMBER OF SERVINGS PER
CONTAINER. SUCH REGULATIONS SHALL ALSO REQUIRE A NUTRITIONAL FACT PANEL
THAT INCORPORATES DATA REGARDING SERVING SIZES AND POTENCY THEREOF.
8. SUCH RULES AND REGULATIONS SHALL REQUIRE INFORMATION CONTAINING THE
LICENSE NUMBER OF THE MARIHUANA PRODUCER AND PROCESSOR FACILITIES WHERE
THE MARIHUANA WAS GROWN AND PROCESSED.
9. THE PACKAGING, SALE, OR POSSESSION BY ANY LICENSEE OF ANY MARIHUANA
PRODUCT NOT LABELED OR OFFERED IN CONFORMITY WITH RULES AND REGULATIONS
PROMULGATED IN ACCORDANCE WITH THIS SECTION SHALL BE GROUNDS FOR THE
IMPOSITION OF A FINE, AND/OR THE SUSPENSION, REVOCATION OR CANCELLATION
OF THE LICENSE.
§ 182. SEED TO SALE TRACKING. 1. NO LATER THAN FIFTEEN MONTHS FOLLOW-
ING THE EFFECTIVE DATE OF THE MARIHUANA REGULATION AND TAXATION ACT, THE
BUREAU SHALL ESTABLISH A SEED TO SALE TRACKING PROGRAM FOR REPORTING THE
MOVEMENT OF MARIHUANA AND MARIHUANA PRODUCTS THROUGHOUT THE DISTRIBUTION
CHAIN THAT UTILIZES A UNIQUE IDENTIFIER AND SECURE PACKAGING AND IS
CAPABLE OF PROVIDING INFORMATION THAT CAPTURES, AT A MINIMUM, ALL OF THE
FOLLOWING:
(A) THE LICENSEE RECEIVING THE PRODUCT;
(B) THE TRANSACTION DATE; AND
(C) THE PRODUCER FROM WHICH THE PRODUCT ORIGINATES, INCLUDING THE
ASSOCIATED UNIQUE IDENTIFIER.
2. (A) THE BUREAU SHALL CREATE AN ELECTRONIC DATABASE CONTAINING THE
ELECTRONIC SHIPPING MANIFESTS TO FACILITATE THE ADMINISTRATION OF THE
SEED TO SALE PROGRAM TRACKING, WHICH SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING INFORMATION:
(B) THE QUANTITY, OR WEIGHT, AND VARIETY OF PRODUCTS SHIPPED;
(C) THE ESTIMATED TIMES OF DEPARTURE AND ARRIVAL;
(D) THE QUANTITY, OR WEIGHT, AND VARIETY OF PRODUCTS RECEIVED;
(E) THE ACTUAL TIME OF DEPARTURE AND ARRIVAL;
(F) A CATEGORIZATION OF THE PRODUCT; AND
(G) THE LICENSE NUMBER AND UNIQUE IDENTIFIER ISSUED BY THE BUREAU FOR
ALL LICENSEES INVOLVED IN THE SHIPPING PROCESS, INCLUDING, BUT NOT
LIMITED TO, PRODUCER, PROCESSOR, RETAILER, AND DELIVERY LICENSEES.
3. THE DATABASE SHALL BE DESIGNED TO FLAG IRREGULARITIES FOR THE
BUREAU TO INVESTIGATE.
§ 183. RENEWALS OF LICENSES AND PERMITS. 1. EACH LICENSE AND PERMIT,
ISSUED PURSUANT TO THIS ARTICLE MAY BE RENEWED UPON APPLICATION THEREFOR
BY THE LICENSEE OR PERMITTEE AND THE PAYMENT OF THE ANNUAL FEE FOR SUCH
LICENSE OR PERMIT AS PRESCRIBED BY THIS ARTICLE. IN THE CASE OF APPLICA-
TIONS FOR RENEWALS, THE BUREAU MAY DISPENSE WITH THE REQUIREMENTS OF
SUCH STATEMENTS AS IT DEEMS UNNECESSARY IN VIEW OF THOSE CONTAINED IN
THE APPLICATION MADE FOR THE ORIGINAL LICENSE OR PERMIT, BUT IN ANY
EVENT THE SUBMISSION OF PHOTOGRAPHS OF THE LICENSED PREMISES SHALL BE
DISPENSED WITH, PROVIDED THE APPLICANT FOR SUCH RENEWAL SHALL FILE A
STATEMENT WITH SUCH BUREAU TO THE EFFECT THAT THERE HAS BEEN NO ALTER-
ATION OF SUCH PREMISES SINCE THE ORIGINAL LICENSE WAS ISSUED. THE
BUREAU MAY MAKE SUCH RULES AS MAY BE NECESSARY NOT INCONSISTENT WITH
THIS CHAPTER REGARDING APPLICATIONS FOR RENEWALS OF LICENSES AND PERMITS
AND THE TIME FOR MAKING THE SAME. EACH APPLICANT MUST SUBMIT TO THE
BUREAU DOCUMENTATION OF THE RACIAL, ETHNIC, AND GENDER DIVERSITY OF THE
APPLICANT'S EMPLOYEES AND OWNERS PRIOR TO A LICENSE OR PERMIT BEING
RENEWED.
2. THE BUREAU SHALL PROVIDE AN APPLICATION FOR RENEWAL OF A LICENSE
ISSUED UNDER THIS ARTICLE NOT LESS THAN SIXTY DAYS PRIOR TO THE EXPIRA-
TION OF THE CURRENT LICENSE.
S. 3040--C 38
§ 184. INFORMATION TO BE PROVIDED BY APPLICANTS. 1. THE FOLLOWING
SHALL BE THE INFORMATION REQUIRED ON AN APPLICATION FOR A LICENSE OR
PERMIT:
(A) A STATEMENT OF IDENTITY AS FOLLOWS:
(I) IF THE APPLICANT IS AN INDIVIDUAL, HIS OR HER NAME, DATE AND PLACE
OF BIRTH, CITIZENSHIP, PERMANENT HOME ADDRESS, TELEPHONE NUMBER AND
SOCIAL SECURITY NUMBER, AS WELL AS ANY OTHER NAMES BY WHICH HE OR SHE
HAS CONDUCTED A BUSINESS AT ANY TIME.
(II) IF THE APPLICANT IS A CORPORATION OR A LIMITED LIABILITY CORPO-
RATION, THE CORPORATE NAME OF THE APPLICANT, ITS PLACE OF INCORPORATION,
ITS MAIN BUSINESS ADDRESS (AND IF SUCH MAIN BUSINESS ADDRESS IS NOT
WITHIN THE STATE, THE ADDRESS OF ITS MAIN PLACE OF BUSINESS WITHIN THE
STATE), OTHER NAMES BY WHICH IT HAS BEEN KNOWN OR HAS CONDUCTED BUSINESS
AT ANY TIME, ITS TELEPHONE NUMBER, ITS FEDERAL EMPLOYER IDENTIFICATION
NUMBER, AND THE NAMES, AGES, CITIZENSHIP, AND PERMANENT HOME ADDRESSES
OF ITS DIRECTORS, OFFICERS AND ITS SHAREHOLDERS (EXCEPT THAT IF THERE BE
MORE THAN TEN SHAREHOLDERS THEN THOSE SHAREHOLDERS HOLDING TEN PERCENT
OR MORE OF ANY CLASS OF ITS SHARES).
(III) IF THE APPLICANT IS A PARTNERSHIP, ITS NAME, ITS MAIN BUSINESS
ADDRESS (AND IF SUCH MAIN BUSINESS ADDRESS IS NOT WITHIN THE STATE, THE
ADDRESS OF ITS MAIN PLACE OF BUSINESS WITHIN THE STATE), OTHER NAMES BY
WHICH IT HAS BEEN KNOWN OR HAS CONDUCTED BUSINESS AT ANY TIME, ITS TELE-
PHONE NUMBER, ITS FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND THE NAMES,
AGES, CITIZENSHIP, AND PERMANENT HOME ADDRESSES OF EACH OF ITS PARTNERS.
(B) A STATEMENT IDENTIFYING THE STREET AND NUMBER OF THE PREMISES TO
BE LICENSED, IF THE PREMISES HAS A STREET AND NUMBER, AND OTHERWISE SUCH
DESCRIPTION AS WILL REASONABLY INDICATE THE TOWN, CITY OR VILLAGE THERE-
OF; PHOTOGRAPHS, DRAWINGS OR OTHER ITEMS RELATED TO THE APPEARANCE OF
THE INTERIOR OR EXTERIOR OF SUCH PREMISES, AND A FLOOR PLAN OF THE INTE-
RIOR, SHALL BE REQUIRED. THE APPLICANT SHALL ALSO STATE THE NATURE OF
HIS OR HER INTEREST IN THE PREMISES; AND THE NAME OF ANY OTHER PERSON
INTERESTED AS A PARTNER, JOINT VENTURER, INVESTOR OR LENDER WITH THE
APPLICANT EITHER IN THE PREMISES OR IN THE BUSINESS TO BE LICENSED.
(C) A DESCRIPTION OF ANY OTHER MARIHUANA LICENSE OR PERMIT UNDER THIS
ARTICLE, WITHIN THE PAST TEN YEARS, THE APPLICANT (INCLUDING ANY OFFI-
CERS, DIRECTORS, SHAREHOLDERS OR PARTNERS LISTED IN THE STATEMENT OF
IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION OR THE SPOUSE OF ANY
SUCH PERSON) OR THE APPLICANT'S SPOUSE HELD OR APPLIED FOR.
(D) A DESCRIPTION OF THE APPLICANT'S PLAN TO ENSURE DIVERSITY AMONG
THE APPLICANT'S EMPLOYEES, INCLUDING STRATEGIES FOR ENSURING:
(I) GENDER DIVERSITY;
(II) RACIAL AND ETHNIC DIVERSITY THAT REFLECTS THE DEMOGRAPHICS WITHIN
THE TOWN, CITY OR VILLAGE IN WHICH THE APPLICANT'S PROPOSED BUSINESS
WILL BE LOCATED; AND
(III) THAT PERSONS WITH PRIOR CRIMINAL CONVICTIONS ARE NOT BARRED FROM
EMPLOYMENT.
(E) FOR AN APPLICANT WITH MORE THAN TWENTY-FIVE EMPLOYEES, A STATEMENT
THAT THE APPLICANT HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH A BONA-
FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES. THE MAINTENANCE OF
SUCH A LABOR PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION OF
CERTIFICATION.
(F) A STATEMENT THAT THE LOCATION AND LAYOUT OF THE PREMISES TO BE
LICENSED DOES NOT VIOLATE ANY REQUIREMENT OF THIS CHAPTER RELATING TO
LOCATION AND LAYOUT OF LICENSED PREMISES, WITH A COPY OF THE CERTIFICATE
OF OCCUPANCY FOR THE PREMISES.
S. 3040--C 39
(G) A STATEMENT THAT THE APPLICANT HAS CONTROL OF THE PREMISES TO BE
LICENSED BY OWNERSHIP OF A FEE INTEREST OR VIA A LEASEHOLD, MANAGEMENT
AGREEMENT, OR OTHER AGREEMENT GIVING THE APPLICANT CONTROL OVER THE
PREMISES, WITH A TERM AT LEAST AS LONG AS THE LICENSE FOR WHICH THE
APPLICATION IS BEING MADE, OR BY A BINDING CONTRACT TO ACQUIRE THE SAME
AND A STATEMENT OF IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION FOR
THE LESSOR OF ANY LEASEHOLD, MANAGER OF ANY MANAGEMENT AGREEMENT, OR
OTHER AGREEMENT GIVING THE APPLICANT CONTROL OVER THE PREMISES, WITH A
COPY OF THE LEASE, CONTRACT, MANAGEMENT AGREEMENT, OR OTHER AGREEMENT
GIVING THE APPLICANT CONTROL OVER THE FOOD AND BEVERAGE AT THE PREMISES,
OR DEED EVIDENCING FEE OWNERSHIP OF THE PREMISES.
(H) A FINANCIAL STATEMENT ADEQUATE TO SHOW ALL PERSONS WHO, DIRECTLY
OR INDIRECTLY HAVE AN ECONOMIC INTEREST IN THE ESTABLISHMENT OR ACQUISI-
TION OF THE BUSINESS FOR WHICH THE LICENSE OR PERMIT APPLICATION IS
BEING MADE, TO IDENTIFY THE SOURCES OF FUNDS TO BE APPLIED IN SUCH
ESTABLISHMENT OR ACQUISITION, AND TO DESCRIBE THE TERMS AND CONDITIONS
GOVERNING SUCH ESTABLISHMENT WITH COPIES OF SUCH FINANCIAL DOCUMENTS AS
THE BUREAU MAY REASONABLY REQUIRE.
(I) THE FINGERPRINTS OF THE APPLICANTS. FINGERPRINTS SUBMITTED BY THE
APPLICANTS SHALL BE TRANSMITTED TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND MAY BE SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION FOR
STATE AND NATIONAL CRIMINAL HISTORY RECORD CHECKS.
2. ALL LICENSE OR PERMIT APPLICATIONS SHALL BE SIGNED BY THE APPLICANT
(IF AN INDIVIDUAL), BY A MANAGING PARTNER (IF A LIMITED LIABILITY CORPO-
RATION), BY AN OFFICER (IF A CORPORATION), OR BY ALL PARTNERS (IF A
PARTNERSHIP). EACH PERSON SIGNING SUCH APPLICATION SHALL VERIFY IT OR
AFFIRM IT AS TRUE UNDER THE PENALTIES OF PERJURY.
3. ALL LICENSE OR PERMIT APPLICATIONS SHALL BE ACCOMPANIED BY A CHECK,
DRAFT OR OTHER FORMS OF PAYMENT AS THE BUREAU MAY REQUIRE OR AUTHORIZE
IN THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE OR PERMIT.
4. IF THERE BE ANY CHANGE, AFTER THE FILING OF THE APPLICATION OR THE
GRANTING OF A LICENSE, IN ANY OF THE FACTS REQUIRED TO BE SET FORTH IN
SUCH APPLICATION, A SUPPLEMENTAL STATEMENT GIVING NOTICE OF SUCH CHANGE,
COST AND SOURCE OF MONEY INVOLVED IN THE CHANGE, DULY VERIFIED, SHALL BE
FILED WITH THE BUREAU WITHIN TEN DAYS AFTER SUCH CHANGE. FAILURE TO DO
SO SHALL, IF WILLFUL AND DELIBERATE, BE CAUSE FOR REVOCATION OF THE
LICENSE.
5. IN GIVING ANY NOTICE, OR TAKING ANY ACTION IN REFERENCE TO A LICEN-
SEE OF A LICENSED PREMISES, THE BUREAU MAY RELY UPON THE INFORMATION
FURNISHED IN SUCH APPLICATION AND IN ANY SUPPLEMENTAL STATEMENT
CONNECTED THEREWITH, AND SUCH INFORMATION MAY BE PRESUMED TO BE CORRECT,
AND SHALL BE BINDING UPON A LICENSEE OR LICENSED PREMISES AS IF CORRECT.
ALL INFORMATION REQUIRED TO BE FURNISHED IN SUCH APPLICATION OR SUPPLE-
MENTAL STATEMENTS SHALL BE DEEMED MATERIAL IN ANY PROSECUTION FOR PERJU-
RY, ANY PROCEEDING TO REVOKE, CANCEL OR SUSPEND ANY LICENSE, AND IN THE
BUREAU'S DETERMINATION TO APPROVE OR DENY THE LICENSE.
6. THE BUREAU MAY IN ITS DISCRETION WAIVE THE SUBMISSION OF ANY CATE-
GORY OF INFORMATION DESCRIBED IN THIS SECTION FOR ANY CATEGORY OF
LICENSE OR PERMIT, PROVIDED THAT IT SHALL NOT BE, EXCEPT FOR PARAGRAPHS
(A) AND (D) OF SUBDIVISION ONE OF THIS SECTION, PERMITTED TO WAIVE THE
REQUIREMENT FOR SUBMISSION OF ANY SUCH CATEGORY OF INFORMATION SOLELY
FOR AN INDIVIDUAL APPLICANT OR APPLICANTS.
§ 185. NOTIFICATION TO TOWNS, CITIES OR VILLAGES. 1. NOT LESS THAN
THIRTY DAYS BEFORE FILING ANY OF THE FOLLOWING APPLICATIONS, AN APPLI-
CANT SHALL NOTIFY THE TOWN, CITY OR VILLAGE IN WHICH THE PREMISES IS
LOCATED OF SUCH APPLICANT'S INTENT TO FILE SUCH AN APPLICATION FOR A:
S. 3040--C 40
(A) MARIHUANA PRODUCER LICENSE;
(B) MARIHUANA PROCESSOR LICENSE;
(C) MARIHUANA MICROBUSINESS LICENSE;
(D) MARIHUANA RETAILER LICENSE;
(E) MARIHUANA RETAILER LICENSE FOR ON-SITE CONSUMPTION;
(F) MARIHUANA DELIVERY LICENSE;
(G) MARIHUANA TESTING LICENSE; AND/OR
(H) ANY OTHER TYPE OF LICENSES ALLOWED BY THE BUREAU.
2. SUCH NOTIFICATION SHALL BE MADE TO THE CLERK OF THE VILLAGE, TOWN
OR CITY, AS THE CASE MAY BE, WHEREIN THE PREMISES IS LOCATED. FOR
PURPOSES OF THIS SECTION:
(A) NOTIFICATION NEED ONLY BE GIVEN TO THE CLERK OF A VILLAGE WHEN THE
PREMISES IS LOCATED WITHIN THE BOUNDARIES OF THE TOWN, CITY OR VILLAGE;
AND
(B) IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSUANT
TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH JURIS-
DICTION OVER THE AREA IN WHICH THE PREMISES IS LOCATED SHALL BE CONSID-
ERED THE APPROPRIATE PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.
3. FOR PURPOSES OF THIS SECTION, "SUBSTANTIAL CORPORATE CHANGE" SHALL
MEAN:
(A) FOR A CORPORATION, A CHANGE OF EIGHTY PERCENT OR MORE OF THE OFFI-
CERS AND/OR DIRECTORS, OR A TRANSFER OF EIGHTY PERCENT OR MORE OF STOCK
OF SUCH CORPORATION, OR AN EXISTING STOCKHOLDER OBTAINING EIGHTY PERCENT
OR MORE OF THE STOCK OF SUCH CORPORATION;
(B) FOR A LIMITED LIABILITY COMPANY, A CHANGE OF EIGHTY PERCENT OR
MORE OF THE MANAGING MEMBERS OF THE COMPANY, OR A TRANSFER OF EIGHTY
PERCENT OR MORE OF OWNERSHIP INTEREST IN SAID COMPANY, OR AN EXISTING
MEMBER OBTAINING A CUMULATIVE OF EIGHTY PERCENT OR MORE OF THE OWNERSHIP
INTEREST IN SAID COMPANY; AND
(C) FOR A PARTNERSHIP, A CHANGE OF EIGHTY PERCENT OR MORE OF THE PART-
NERS, OR A TRANSFER OF EIGHTY PERCENT OR MORE OF OWNERSHIP INTEREST IN
SAID PARTNERSHIP, OR AN EXISTING PARTNER OBTAINING A CUMULATIVE OF
EIGHTY PERCENT OR MORE OF THE OWNERSHIP INTEREST IN SAID COMPANY.
4. SUCH NOTIFICATION SHALL BE MADE IN SUCH FORM AS SHALL BE PRESCRIBED
BY THE RULES OF THE BUREAU.
5. A TOWN, CITY OR VILLAGE MAY EXPRESS AN OPINION FOR OR AGAINST THE
GRANTING OF SUCH APPLICATION. ANY SUCH OPINION SHALL BE DEEMED PART OF
THE RECORD UPON WHICH THE BUREAU MAKES ITS DETERMINATION TO GRANT OR
DENY THE APPLICATION.
6. SUCH NOTIFICATION SHALL BE MADE BY: CERTIFIED MAIL, RETURN RECEIPT
REQUESTED; OVERNIGHT DELIVERY SERVICE WITH PROOF OF MAILING; OR PERSONAL
SERVICE UPON THE OFFICES OF THE CLERK OR COMMUNITY BOARD.
7. THE BUREAU SHALL REQUIRE SUCH NOTIFICATION TO BE ON A STANDARDIZED
FORM THAT CAN BE OBTAINED ON THE INTERNET OR FROM THE BUREAU AND SUCH
NOTIFICATION TO INCLUDE:
(A) THE TRADE NAME OR "DOING BUSINESS AS" NAME, IF ANY, OF THE ESTAB-
LISHMENT;
(B) THE FULL NAME OF THE APPLICANT;
(C) THE STREET ADDRESS OF THE ESTABLISHMENT, INCLUDING THE FLOOR
LOCATION OR ROOM NUMBER, IF APPLICABLE;
(D) THE MAILING ADDRESS OF THE ESTABLISHMENT, IF DIFFERENT THAN THE
STREET ADDRESS;
(E) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE ATTORNEY OR REPRE-
SENTATIVE OF THE APPLICANT, IF ANY;
(F) A STATEMENT INDICATING WHETHER THE APPLICATION IS FOR:
(I) A NEW ESTABLISHMENT;
S. 3040--C 41
(II) A TRANSFER OF AN EXISTING LICENSED BUSINESS;
(III) A RENEWAL OF AN EXISTING LICENSE; OR
(IV) AN ALTERATION OF AN EXISTING LICENSED PREMISES;
(G) IF THE ESTABLISHMENT IS A TRANSFER OR PREVIOUSLY LICENSED PREM-
ISES, THE NAME OF THE OLD ESTABLISHMENT AND SUCH ESTABLISHMENT'S LICENSE
SERIAL NUMBER;
(H) IN THE CASE OF A RENEWAL OR ALTERATION APPLICATION, THE LICENSE
SERIAL NUMBER OF THE APPLICANT; AND
(I) THE TYPE OF LICENSE.
§ 186. LICENSES, PUBLICATION, GENERAL PROVISIONS. 1. THE VARIOUS TYPES
OF LICENSES ISSUED PURSUANT TO THIS ARTICLE SHALL BE DISTINCTIVE IN
COLOR AND DESIGN SO AS TO BE READILY DISTINGUISHABLE FROM EACH OTHER.
2. NO LICENSE SHALL BE TRANSFERABLE OR ASSIGNABLE EXCEPT THAT NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, THE LICENSE OF A SOLE PROPRIETOR
CONVERTING TO CORPORATE FORM, WHERE SUCH PROPRIETOR BECOMES THE SOLE
STOCKHOLDER AND ONLY OFFICER AND DIRECTOR OF SUCH NEW CORPORATION, MAY
BE TRANSFERRED TO THE SUBJECT CORPORATION IF ALL REQUIREMENTS OF THIS
CHAPTER REMAIN THE SAME WITH RESPECT TO SUCH LICENSE AS TRANSFERRED AND,
FURTHER, THE LICENSEE SHALL TRANSMIT TO THE BUREAU, WITHIN TEN DAYS OF
THE TRANSFER OF LICENSE ALLOWABLE UNDER THIS SUBDIVISION, ON A FORM
PRESCRIBED BY THE BUREAU, NOTIFICATION OF THE TRANSFER OF SUCH LICENSE.
3. NO LICENSE SHALL BE PLEDGED OR DEPOSITED AS COLLATERAL SECURITY FOR
ANY LOAN OR UPON ANY OTHER CONDITION; AND ANY SUCH PLEDGE OR DEPOSIT,
AND ANY CONTRACT PROVIDING THEREFOR, SHALL BE VOID.
4. LICENSES ISSUED UNDER THIS ARTICLE SHALL CONTAIN, IN ADDITION TO
ANY FURTHER INFORMATION OR MATERIAL TO BE PRESCRIBED BY THE RULES OF THE
BUREAU, THE FOLLOWING INFORMATION: (A) NAME OF PERSON TO WHOM LICENSE IS
ISSUED; (B) KIND OF LICENSE AND WHAT KIND OF TRAFFIC IN MARIHUANA IS
THEREBY PERMITTED; (C) DESCRIPTION BY STREET AND NUMBER, OR OTHERWISE,
OF LICENSED PREMISES; AND (D) A STATEMENT IN SUBSTANCE THAT SUCH LICENSE
SHALL NOT BE DEEMED A PROPERTY OR VESTED RIGHT, AND THAT IT MAY BE
REVOKED AT ANY TIME PURSUANT TO LAW.
5. THERE SHALL BE PRINTED AND FURNISHED BY THE BUREAU TO EACH LICENSEE
A STATEMENT OF THE CAUSES FOR WHICH LICENSES MAY BE REVOKED. SUCH STATE-
MENT SHALL BE PREPARED BY THE BUREAU AND DELIVERED TO THE LICENSEE WITH
HIS OR HER LICENSE OR AS SOON THEREAFTER AS MAY BE PRACTICABLE. ANY
AMENDMENTS THERETO SHALL ALSO BE SENT BY THE BUREAU TO ALL LICENSEES AS
SOON AS MAY BE PRACTICABLE AFTER SUCH AMENDMENTS. FAILURE TO SEND SUCH
STATEMENTS OR CHANGES THEREIN, OR FAILURE TO RECEIVE THE SAME, OR ANY
MISSTATEMENT OR ERROR CONTAINED IN SUCH STATEMENTS OR AMENDMENTS SHALL,
HOWEVER, NOT BE AN EXCUSE OR JUSTIFICATION FOR ANY VIOLATION OF LAW, OR
PREVENT, OR REMIT, OR DECREASE ANY PENALTY OR FORFEITURE THEREFOR.
6. BEFORE COMMENCING OR DOING ANY BUSINESS FOR THE TIME FOR WHICH A
LICENSE HAS BEEN ISSUED SAID LICENSE SHALL BE ENCLOSED IN A SUITABLE
WOOD OR METAL FRAME HAVING A CLEAR GLASS SPACE AND A SUBSTANTIAL WOOD OR
METAL BACK SO THAT THE WHOLE OF SAID LICENSE MAY BE SEEN THEREIN, AND
SHALL BE POSTED UP AND AT ALL TIMES DISPLAYED IN A CONSPICUOUS PLACE IN
THE ROOM WHERE SUCH BUSINESS IS CARRIED ON, SO THAT ALL PERSONS VISITING
SUCH PLACE MAY READILY SEE THE SAME. IT SHALL BE UNLAWFUL FOR ANY PERSON
HOLDING A LICENSE TO POST SUCH LICENSE OR TO PERMIT SUCH LICENSE TO BE
POSTED UPON PREMISES OTHER THAN THE PREMISES LICENSED, OR UPON PREMISES
WHERE TRAFFIC IN MARIHUANA IS BEING CARRIED ON BY ANY PERSON OTHER THAN
THE LICENSEE, OR KNOWINGLY TO DEFACE, DESTROY OR ALTER ANY SUCH LICENSE
IN ANY RESPECT. WHENEVER A LICENSE SHALL BE LOST OR DESTROYED WITHOUT
FAULT ON THE PART OF THE LICENSEE OR HIS OR HER AGENTS OR EMPLOYEES, A
DUPLICATE LICENSE IN LIEU THEREOF MAY BE ISSUED BY THE BUREAU IN ITS
S. 3040--C 42
DISCRETION AND IN ACCORDANCE WITH SUCH RULES AND REGULATIONS AND THE
PAYMENT OF SUCH FEES, NOT EXCEEDING FIVE DOLLARS, AS IT MAY PRESCRIBE.
§ 187. REVOCATION OF LICENSES FOR CAUSE. 1. ANY LICENSE OR PERMIT
ISSUED PURSUANT TO THIS ARTICLE MAY BE REVOKED, CANCELLED, SUSPENDED
AND/OR SUBJECTED TO THE IMPOSITION OF A CIVIL PENALTY FOR CAUSE, AND
MUST BE REVOKED FOR THE FOLLOWING CAUSES:
(A) CONVICTION OF THE LICENSEE, PERMITTEE OR HIS OR HER AGENT OR
EMPLOYEE FOR SELLING ANY ILLEGAL MARIHUANA OR MARIHUANA PRODUCTS ON THE
PREMISES LICENSED.
(B) FOR TRANSFERRING, ASSIGNING OR HYPOTHECATING A LICENSE OR PERMIT.
2. NOTWITHSTANDING THE ISSUANCE OF A LICENSE OR PERMIT BY WAY OF
RENEWAL, THE BUREAU MAY REVOKE, CANCEL OR SUSPEND SUCH LICENSE OR PERMIT
AND/OR MAY IMPOSE A CIVIL PENALTY AGAINST ANY HOLDER OF SUCH LICENSE OR
PERMIT, AS PRESCRIBED BY THIS SECTION AND SECTION ONE HUNDRED NINETEEN
OF THIS CHAPTER, FOR CAUSES OR VIOLATIONS OCCURRING DURING THE LICENSE
PERIOD IMMEDIATELY PRECEDING THE ISSUANCE OF SUCH LICENSE OR PERMIT, AND
MAY RECOVER, AS PROVIDED IN SECTION ONE HUNDRED TWELVE OF THIS CHAPTER,
THE PENAL SUM OF THE BOND ON FILE DURING SAID PERIOD.
3. AS USED IN THIS SECTION, THE TERM "FOR CAUSE" SHALL ALSO INCLUDE
THE EXISTENCE OF A SUSTAINED AND CONTINUING PATTERN OF NOISE, DISTURB-
ANCE, MISCONDUCT, OR DISORDER ON OR ABOUT THE LICENSED PREMISES, RELATED
TO THE OPERATION OF THE PREMISES OR THE CONDUCT OF ITS PATRONS, WHICH
ADVERSELY AFFECTS THE HEALTH, WELFARE OR SAFETY OF THE INHABITANTS OF
THE AREA IN WHICH SUCH LICENSED PREMISES ARE LOCATED.
4. THE EXISTENCE OF A SUSTAINED AND CONTINUING PATTERN OF NOISE,
DISTURBANCE, MISCONDUCT, OR DISORDER ON OR ABOUT THE LICENSED PREMISES,
RELATED TO THE OPERATION OF THE PREMISES OR THE CONDUCT OF ITS PATRONS,
WILL BE PRESUMED UPON THE SIXTH INCIDENT REPORTED TO THE BUREAU BY A LAW
ENFORCEMENT AGENCY OF NOISE OR DISTURBANCE OR MISCONDUCT OR DISORDER ON
OR ABOUT THE LICENSED PREMISES OR RELATED TO THE OPERATION OF THE PREM-
ISES OR THE CONDUCT OF ITS PATRONS, IN ANY SIXTY DAY PERIOD, ABSENT
CLEAR AND CONVINCING EVIDENCE OF EITHER FRAUDULENT INTENT ON THE PART OF
ANY COMPLAINANT OR A FACTUAL ERROR WITH RESPECT TO THE CONTENT OF ANY
REPORT CONCERNING SUCH COMPLAINT RELIED UPON BY THE BUREAU.
§ 188. PROCEDURE FOR REVOCATION OR CANCELLATION. 1. ANY LICENSE OR
PERMIT ISSUED BY THE BUREAU PURSUANT TO THIS ARTICLE MAY BE REVOKED,
CANCELLED OR SUSPENDED AND/OR BE SUBJECTED TO THE IMPOSITION OF A MONE-
TARY PENALTY IN THE MANNER PRESCRIBED BY THIS SECTION.
2. THE BUREAU MAY ON ITS OWN INITIATIVE OR ON COMPLAINT OF ANY PERSON
INSTITUTE PROCEEDINGS TO REVOKE, CANCEL OR SUSPEND ANY RETAIL LICENSE
AND MAY IMPOSE A CIVIL PENALTY AGAINST THE LICENSEE AFTER A HEARING AT
WHICH THE LICENSEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH HEAR-
ING SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE
PRESCRIBED BY THE RULES OF THE BUREAU.
§ 189. DECISIONS OF THE BUREAU OF MARIHUANA POLICY AND REVIEW BY THE
COURTS. PROVISIONS OF SECTIONS ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-
ONE AND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER SHALL APPLY TO MARIHUANA
LICENSES ISSUED UNDER THIS ARTICLE.
§ 190. MINORITY AND WOMEN-OWNED BUSINESSES AND INCUBATOR PROGRAM. THE
BUREAU SHALL:
1. IMPLEMENT A SOCIAL EQUITY PLAN AND ACTIVELY PROMOTE RACIAL, ETHNIC,
AND GENDER DIVERSITY WHEN ISSUING LICENSES FOR MARIHUANA RELATED ACTIV-
ITIES, INCLUDING BY PRIORITIZING CONSIDERATION OF APPLICATIONS BY APPLI-
CANTS WHO QUALIFY AS A MINORITY AND WOMEN-OWNED BUSINESS. SUCH QUALI-
FICATIONS SHALL BE DETERMINED BY THE BUREAU.
S. 3040--C 43
2. THE BUREAU SHALL CREATE A SOCIAL EQUITY PLAN TO PROMOTE DIVERSITY
IN OWNERSHIP AND EMPLOYMENT IN THE MARIHUANA INDUSTRY AND ENSURE INCLU-
SION OF: (A) MINORITY-OWNED BUSINESSES; (B) WOMEN-OWNED BUSINESSES; AND
(C) MINORITY AND WOMEN-OWNED BUSINESSES, AS DEFINED IN SUBDIVISION FIVE
OF THIS SECTION.
3. THE SOCIAL EQUITY PLAN SHALL CONSIDER ADDITIONAL CRITERIA IN ITS
LICENSING DETERMINATIONS. UNDER THE SOCIAL EQUITY PLAN, EXTRA WEIGHT
SHALL BE GIVEN TO APPLICATIONS THAT DEMONSTRATE THAT AN APPLICANT:
(A) IS A MEMBER OF A COMMUNITY GROUP THAT HAS BEEN DISPROPORTIONATELY
IMPACTED BY THE ENFORCEMENT OF MARIHUANA PROHIBITION;
(B) HAS AN INCOME LOWER THAN EIGHTY PERCENT OF THE MEDIAN INCOME OF
THE COUNTY IN WHICH THE APPLICANT RESIDES; AND
(C) WAS CONVICTED OF A MARIHUANA-RELATED OFFENSE PRIOR TO THE EFFEC-
TIVE DATE OF THIS BILL.
4. THE BUREAU SHALL ALSO CREATE AN INCUBATOR PROGRAM TO PROVIDE DIRECT
SUPPORT TO SOCIAL EQUITY APPLICANTS AFTER THEY HAVE BEEN GRANTED
LICENSES. THE PROGRAM SHALL PROVIDE DIRECT SUPPORT IN THE FORM OF COUN-
SELING SERVICES, EDUCATION, SMALL BUSINESS COACHING, AND COMPLIANCE
ASSISTANCE.
5. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL
APPLY:
(A) "MINORITY-OWNED BUSINESS" SHALL MEAN A BUSINESS ENTERPRISE,
INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY COMPANY
OR CORPORATION THAT IS:
(I) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE MINORITY GROUP
MEMBERS;
(II) AN ENTERPRISE IN WHICH SUCH MINORITY OWNERSHIP IS REAL, SUBSTAN-
TIAL AND CONTINUING;
(III) AN ENTERPRISE IN WHICH SUCH MINORITY OWNERSHIP HAS AND EXERCISES
THE AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS
OF THE ENTERPRISE;
(IV) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE AND INDE-
PENDENTLY OWNED AND OPERATED;
(V) AN ENTERPRISE THAT IS A SMALL BUSINESS.
(B) "MINORITY GROUP MEMBER" SHALL MEAN A UNITED STATES CITIZEN OR
PERMANENT RESIDENT ALIEN WHO IS AND CAN DEMONSTRATE MEMBERSHIP IN ONE OF
THE FOLLOWING GROUPS:
(I) BLACK PERSONS HAVING ORIGINS IN ANY OF THE BLACK AFRICAN RACIAL
GROUPS;
(II) HISPANIC PERSONS OF MEXICAN, PUERTO RICAN, DOMINICAN, CUBAN,
CENTRAL OR SOUTH AMERICAN OF EITHER INDIAN OR HISPANIC ORIGIN, REGARD-
LESS OF RACE;
(III) NATIVE AMERICAN OR ALASKAN NATIVE PERSONS HAVING ORIGINS IN ANY
OF THE ORIGINAL PEOPLES OF NORTH AMERICA;
(IV) ASIAN AND PACIFIC ISLANDER PERSONS HAVING ORIGINS IN ANY OF THE
FAR EAST COUNTRIES, SOUTH EAST ASIA, THE INDIAN SUBCONTINENT OR THE
PACIFIC ISLANDS.
(C) "WOMEN-OWNED BUSINESS" SHALL MEAN A BUSINESS ENTERPRISE, INCLUDING
A SOLE PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY COMPANY OR CORPO-
RATION THAT IS:
(I) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE UNITED STATES
CITIZENS OR PERMANENT RESIDENT ALIENS WHO ARE WOMEN;
(II) AN ENTERPRISE IN WHICH THE OWNERSHIP INTEREST OF SUCH WOMEN IS
REAL, SUBSTANTIAL AND CONTINUING;
S. 3040--C 44
(III) AN ENTERPRISE IN WHICH SUCH WOMEN OWNERSHIP HAS AND EXERCISES
THE AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS
OF THE ENTERPRISE;
(IV) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE AND INDE-
PENDENTLY OWNED AND OPERATED;
(V) AN ENTERPRISE THAT IS A SMALL BUSINESS PURSUANT TO SUBDIVISION
TWENTY OF THIS SECTION.
(D) A FIRM OWNED BY A MINORITY GROUP MEMBER WHO IS ALSO A WOMAN MAY BE
DEFINED AS A MINORITY-OWNED BUSINESS, A WOMEN-OWNED BUSINESS, OR BOTH.
6. THE BUREAU SHALL ACTIVELY PROMOTE APPLICANTS THAT FOSTER RACIAL,
ETHNIC, AND GENDER DIVERSITY IN THEIR WORKFORCE.
7. LICENSES ISSUED TO MINORITY AND WOMEN-OWNED BUSINESSES OR UNDER THE
SOCIAL EQUITY PLAN SHALL NOT BE TRANSFERABLE EXCEPT TO QUALIFIED MINORI-
TY AND WOMEN-OWNED BUSINESSES OR SOCIAL EQUITY APPLICANTS.
8. THE BUREAU SHALL COLLECT DEMOGRAPHIC DATA ON OWNERS AND EMPLOYEES
IN THE MARIHUANA INDUSTRY AND SHALL ANNUALLY PUBLISH SUCH DATA.
§ 191. DISPOSITION OF MONEYS RECEIVED FOR LICENSE FEES. THE BUREAU
SHALL ESTABLISH A SCALE OF APPLICATION, LICENSING, AND RENEWAL FEES,
BASED UPON THE COST OF ENFORCING THIS ARTICLE AND THE SIZE OF THE MARI-
HUANA BUSINESS BEING LICENSED, AS FOLLOWS:
1. EACH LICENSING AUTHORITY SHALL CHARGE EACH LICENSEE A LICENSURE AND
RENEWAL FEE, AS APPLICABLE. THE LICENSURE AND RENEWAL FEE SHALL BE
CALCULATED TO COVER THE COSTS OF ADMINISTERING THIS ARTICLE. THE LICEN-
SURE FEE MAY VARY DEPENDING UPON THE VARYING COSTS ASSOCIATED WITH
ADMINISTERING THE VARIOUS REGULATORY REQUIREMENTS OF THIS ARTICLE AS
THEY RELATE TO THE NATURE AND SCOPE OF THE DIFFERENT LICENSURE ACTIV-
ITIES, BUT SHALL NOT EXCEED THE REASONABLE REGULATORY COSTS TO THE
LICENSING AUTHORITY.
2. THE TOTAL FEES ASSESSED PURSUANT TO THIS ARTICLE SHALL BE SET AT AN
AMOUNT THAT WILL FAIRLY AND PROPORTIONATELY GENERATE SUFFICIENT TOTAL
REVENUE TO FULLY COVER THE TOTAL COSTS OF ADMINISTERING THIS ARTICLE.
3. ALL LICENSE FEES SHALL BE SET ON A SCALED BASIS BY THE BUREAU,
DEPENDENT ON THE SIZE OF THE BUSINESS.
4. THE BUREAU SHALL DEPOSIT ALL FEES COLLECTED IN THE NEW YORK STATE
MARIHUANA REVENUE FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-FF OF
THE STATE FINANCE LAW.
§ 192. PERSONS FORBIDDEN TO TRAFFIC IN MARIHUANA. 1. THE FOLLOWING
PERSONS ARE FORBIDDEN TO TRAFFIC IN MARIHUANA:
(A) A PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
(B) A PERSON WHO IS NOT A CITIZEN OF THE UNITED STATES OR AN ALIEN
LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES.
(C) A CO-PARTNERSHIP OR A CORPORATION, UNLESS EACH MEMBER OF THE PART-
NERSHIP, OR EACH OF THE PRINCIPAL OFFICERS AND DIRECTORS OF THE CORPO-
RATION, IS A CITIZEN OF THE UNITED STATES OR AN ALIEN LAWFULLY ADMITTED
FOR PERMANENT RESIDENCE IN THE UNITED STATES, NOT LESS THAN TWENTY-ONE
YEARS OF AGE.
(D) (I) A PERSON WHO SHALL HAVE HAD ANY LICENSE ISSUED UNDER THIS
CHAPTER REVOKED FOR CAUSE, UNTIL THE EXPIRATION OF TWO YEARS FROM THE
DATE OF SUCH REVOCATION.
(II) A PERSON NOT LICENSED UNDER THE PROVISIONS OF THIS CHAPTER, WHO
HAS BEEN CONVICTED OF A VIOLATION OF THIS CHAPTER, UNTIL THE EXPIRATION
OF TWO YEARS FROM THE DATE OF SUCH CONVICTION.
(E) A CORPORATION OR CO-PARTNERSHIP, IF ANY OFFICER AND DIRECTOR OR
ANY PARTNER, WHILE NOT LICENSED UNDER THE PROVISIONS OF THIS CHAPTER,
HAS BEEN CONVICTED OF A VIOLATION OF THIS CHAPTER, OR HAS HAD A LICENSE
S. 3040--C 45
ISSUED UNDER THIS CHAPTER REVOKED FOR CAUSE, UNTIL THE EXPIRATION OF TWO
YEARS FROM THE DATE OF SUCH CONVICTION OR REVOCATION.
2. AN APPLICANT SHALL NOT BE DENIED A LICENSE UNDER THIS ARTICLE BASED
SOLELY ON A CONVICTION FOR A VIOLATION OF ARTICLE TWO HUNDRED TWENTY OR
SECTION 240.36 OF THE PENAL LAW, PRIOR TO THE DATE ARTICLE TWO HUNDRED
TWENTY-ONE OF THE PENAL LAW TOOK EFFECT, OR A CONVICTION FOR A VIOLATION
OF ARTICLE TWO HUNDRED TWENTY-ONE OF THE PENAL LAW AFTER THE EFFECTIVE
DATE OF THIS ARTICLE.
§ 193. SURRENDER OF LICENSE; NOTICE TO POLICE OFFICIALS. WITHIN THREE
DAYS AFTER A LICENSE SHALL HAVE BEEN REVOKED PURSUANT TO THIS ARTICLE,
NOTICE THEREOF SHALL BE GIVEN TO THE LICENSEE BY MAILING SUCH NOTICE
ADDRESSED TO HIM AT THE PREMISES LICENSED. NOTICE SHALL ALSO BE MAILED
TO THE OWNER OF THE PREMISES LICENSED. THE HOLDER OF SUCH LICENSE SHALL
THEREUPON SURRENDER SAME TO THE BUREAU. THE MAILING THEREOF BY THE
LICENSEE TO THE BUREAU BY REGISTERED MAIL OR INSURED PARCEL POST SHALL
BE DEEMED SUFFICIENT COMPLIANCE WITH THIS SECTION. THE BUREAU, IMME-
DIATELY UPON GIVING NOTICE OF REVOCATION, SHALL SERVE A WRITTEN NOTICE
THEREOF UPON THE COMMISSIONER OF POLICE, CHIEF OF POLICE OR CHIEF POLICE
OFFICER OF THE CITY OR VILLAGE IN WHICH THE PREMISES FOR WHICH THE
REVOKED LICENSE WAS ISSUED IS SITUATED, OR UPON THE SHERIFF OF THE COUN-
TY OR A CONSTABLE OF THE TOWN IN CASE THE LICENSE WAS ISSUED FOR PREM-
ISES SITUATED IN A TOWN AND NOT WITHIN ANY CITY OR VILLAGE. SUCH NOTICE
SHALL INCLUDE A STATEMENT OF THE NUMBER OF SUCH LICENSE, THE NAME AND
PLACE OF RESIDENCE OF THE HOLDER THEREOF, THE LOCATION OF THE LICENSED
PREMISES, AND THE DATE WHEN SUCH LICENSE WAS REVOKED. IN CASE SUCH
LICENSE BE NOT FORTHWITH SURRENDERED, THE BUREAU SHALL ISSUE A WRITTEN
DEMAND FOR THE SURRENDER OF SUCH LICENSE AND DELIVER SAID DEMAND TO THE
SHERIFF OF THE COUNTY IN WHICH THE LICENSED PREMISES ARE LOCATED, OR TO
ANY REPRESENTATIVE OF THE BUREAU, AND SAID SHERIFF OR REPRESENTATIVE
SHALL IMMEDIATELY TAKE POSSESSION OF SUCH LICENSE AND RETURN THE SAME TO
THE BUREAU.
§ 194. PROTECTIONS FOR THE USE OF MARIHUANA. INDIVIDUALS AND LICENSED
ENTITIES SHALL NOT BE SUBJECT TO ARREST, PROSECUTION, OR PENALTY IN ANY
MANNER, OR DENIED ANY RIGHT OR PRIVILEGE, INCLUDING BUT NOT LIMITED TO
CIVIL LIABILITY OR DISCIPLINARY ACTION BY A BUSINESS OR OCCUPATIONAL OR
PROFESSIONAL LICENSING BOARD OR BUREAU, SOLELY FOR CONDUCT PERMITTED
UNDER THIS ARTICLE. FOR THE AVOIDANCE OF DOUBT, THE APPELLATE DIVISION
OF THE SUPREME COURT OF THE STATE OF NEW YORK, AND ANY DISCIPLINARY OR
CHARACTER AND FITNESS COMMITTEES ESTABLISHED BY THEM ARE OCCUPATIONAL
AND PROFESSIONAL LICENSING BOARDS WITHIN THE MEANING OF THIS SECTION.
STATE OR LOCAL LAW ENFORCEMENT AGENCIES SHALL NOT COOPERATE WITH OR
PROVIDE ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY AGENCY
THEREOF IN ENFORCING THE FEDERAL CONTROLLED SUBSTANCES ACT, 21, U.S.C.
ET SEQ., SOLELY FOR ACTIONS CONSISTENT WITH THIS CHAPTER, EXCEPT AS
PURSUANT TO A VALID COURT ORDER.
§ 195. DISCRIMINATION PROTECTIONS FOR THE USE OF MARIHUANA OR MEDICAL
MARIHUANA. 1. NO SCHOOL OR LANDLORD MAY REFUSE TO ENROLL OR LEASE TO AND
MAY NOT OTHERWISE PENALIZE A PERSON SOLELY FOR CONDUCT ALLOWED UNDER
SECTIONS 221.05 AND 221.05-A OF THE PENAL LAW OR TITLE FIVE-A OF ARTICLE
THIRTY-THREE OF THE PUBLIC HEALTH LAW, EXCEPT AS EXEMPTED:
(A) IF FAILING TO DO SO WOULD CAUSE THE SCHOOL OR LANDLORD TO LOSE A
MONETARY OR LICENSING RELATED BENEFIT UNDER FEDERAL LAW OR REGULATIONS;
(B) IF THE INSTITUTION HAS ADOPTED A CODE OF CONDUCT PROHIBITING MARI-
HUANA USE ON THE BASIS OF RELIGIOUS BELIEF;
S. 3040--C 46
(C) IF A PROPERTY IS REGISTERED WITH THE NEW YORK SMOKE-FREE HOUSING
REGISTRY, IT IS NOT REQUIRED TO PERMIT THE SMOKING OF MARIHUANA PRODUCTS
ON ITS PREMISES.
2. FOR THE PURPOSES OF MEDICAL CARE, INCLUDING ORGAN TRANSPLANTS, A
REGISTERED QUALIFYING PATIENT'S AUTHORIZED USE OF MEDICAL MARIHUANA MUST
BE CONSIDERED THE EQUIVALENT OF THE USE OF ANY OTHER MEDICATION UNDER
THE DIRECTION OF A PRACTITIONER AND DOES NOT CONSTITUTE THE USE OF AN
ILLICIT SUBSTANCE OR OTHERWISE DISQUALIFY A REGISTERED QUALIFYING
PATIENT FROM MEDICAL CARE.
3. NO PERSON MAY BE DENIED CUSTODY OF OR VISITATION OR PARENTING TIME
WITH A MINOR, AND THERE IS NO PRESUMPTION OF NEGLECT OR CHILD ENDANGER-
MENT FOR CONDUCT ALLOWED UNDER SECTIONS 221.05 AND 221.05-A OF THE PENAL
LAW, UNLESS THE PERSON'S BEHAVIOR CREATES AN UNREASONABLE DANGER TO THE
SAFETY OF THE MINOR AS ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE. FOR
THE PURPOSES OF THIS SECTION, AN "UNREASONABLE DANGER" DETERMINATION
CANNOT BE BASED SOLELY ON WHETHER, WHEN, AND HOW OFTEN A PERSON USES
MARIHUANA WITHOUT SEPARATE EVIDENCE OF HARM.
§ 196. EMPLOYMENT PROTECTIONS. 1. UNLESS AN EMPLOYER ESTABLISHES BY A
PREPONDERANCE OF THE EVIDENCE THAT THE LAWFUL USE OF MARIHUANA HAS
IMPAIRED THE EMPLOYEE'S ABILITY TO PERFORM THE EMPLOYEE'S JOB RESPONSI-
BILITIES, IT SHALL BE UNLAWFUL TO TAKE ANY ADVERSE EMPLOYMENT ACTION
AGAINST AN EMPLOYEE BASED ON EITHER:
(A) CONDUCT ALLOWED UNDER SECTIONS 221.05 AND 221.05-A OF THE PENAL
LAW; OR
(B) THE EMPLOYEE'S POSITIVE DRUG TEST FOR MARIHUANA COMPONENTS OR
METABOLITES.
2. FOR THE PURPOSES OF THIS SECTION, AN EMPLOYER MAY CONSIDER AN
EMPLOYEE'S ABILITY TO PERFORM THE EMPLOYEE'S JOB RESPONSIBILITIES TO BE
IMPAIRED WHEN THE EMPLOYEE MANIFESTS SPECIFIC ARTICULABLE SYMPTOMS WHILE
WORKING THAT DECREASE OR LESSEN THE EMPLOYEE'S PERFORMANCE OF THE DUTIES
OR TASKS OF THE EMPLOYEE'S JOB POSITION.
3. NOTHING IN THIS SECTION SHALL RESTRICT AN EMPLOYER'S ABILITY TO
PROHIBIT OR TAKE ADVERSE EMPLOYMENT ACTION FOR THE POSSESSION OR USE OF
INTOXICATING SUBSTANCES DURING WORK HOURS, OR REQUIRE AN EMPLOYER TO
COMMIT ANY ACT THAT WOULD CAUSE THE EMPLOYER TO BE IN VIOLATION OF
FEDERAL LAW, OR THAT WOULD RESULT IN THE LOSS OF A FEDERAL CONTRACT OR
FEDERAL FUNDING.
4. AS USED IN THIS SECTION, "ADVERSE EMPLOYMENT ACTION" MEANS REFUSING
TO HIRE OR EMPLOY, BARRING OR DISCHARGING FROM EMPLOYMENT, REQUIRING A
PERSON TO RETIRE FROM EMPLOYMENT, OR DISCRIMINATING AGAINST IN COMPEN-
SATION OR IN TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT.
§ 197. PROTECTIONS FOR PERSONS UNDER STATE SUPERVISION. A PERSON
CURRENTLY UNDER PAROLE, PROBATION OR OTHER STATE SUPERVISION, OR
RELEASED ON BAIL AWAITING TRIAL MAY NOT BE PUNISHED OR OTHERWISE PENAL-
IZED FOR CONDUCT ALLOWED UNDER SECTIONS 221.05 AND 221.05-A OF THE PENAL
LAW.
§ 198. PROFESSIONAL AND MEDICAL RECORD KEEPING. ANY PROFESSIONAL
PROVIDING SERVICES IN CONNECTION WITH A LICENSED OR POTENTIALLY LICENSED
BUSINESS UNDER THIS CHAPTER, OR IN CONNECTION WITH OTHER CONDUCT PERMIT-
TED UNDER THIS CHAPTER, AND ANY MEDICAL PROFESSIONAL PROVIDING MEDICAL
CARE TO A PATIENT, MAY AGREE WITH THEIR CLIENT OR PATIENT TO MAINTAIN NO
RECORD, OR ANY REDUCED LEVEL OF RECORD KEEPING THAT PROFESSIONAL AND
CLIENT OR PATIENT MAY AGREE. IN CASE OF SUCH AGREEMENT, THE PROFES-
SIONAL'S ONLY OBLIGATION SHALL BE TO KEEP SUCH RECORDS AS AGREED, AND TO
KEEP A RECORD OF THE AGREEMENT. SUCH REDUCED RECORD KEEPING IS CONDUCT
S. 3040--C 47
PERMITTED UNDER THIS CHAPTER, AND SHALL ATTRACT THE PROTECTIONS OF
SECTION ONE HUNDRED NINETY-FOUR OF THIS ARTICLE.
§ 32. The state finance law is amended by adding three new sections
99-ff, 99-gg and 99-hh to read as follows:
§ 99-FF. NEW YORK STATE MARIHUANA REVENUE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"NEW YORK STATE MARIHUANA REVENUE FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF ARTICLE EIGH-
TEEN-A OF THE TAX LAW AND ALL OTHER MONEYS APPROPRIATED THERETO FROM ANY
OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.
3. THE MONEYS IN SUCH FUND SHALL BE EXPENDED FOR THE FOLLOWING
PURPOSES:
(A) REASONABLE COSTS INCURRED BY THE DEPARTMENT OF TAXATION AND
FINANCE FOR ADMINISTERING AND COLLECTING THE TAXES IMPOSED BY THIS PART;
PROVIDED, HOWEVER, SUCH COSTS SHALL NOT EXCEED FOUR PERCENT OF TAX
REVENUES RECEIVED.
(B) REASONABLE COSTS INCURRED BY THE BUREAU OF MARIHUANA POLICY FOR
IMPLEMENTING, ADMINISTERING, AND ENFORCING THE MARIHUANA REGULATION AND
TAXATION ACT TO THE EXTENT THOSE COSTS ARE NOT REIMBURSED PURSUANT TO
SECTIONS ONE HUNDRED EIGHTY-NINE AND ONE HUNDRED NINETY OF ARTICLE ELEV-
EN OF THE ALCOHOLIC BEVERAGE CONTROL LAW. THIS PARAGRAPH SHALL REMAIN
OPERATIVE THROUGH THE TWO THOUSAND TWENTY-THREE -- TWO THOUSAND TWENTY-
FOUR FISCAL YEAR.
(C) BEGINNING WITH THE TWO THOUSAND TWENTY -- TWO THOUSAND TWENTY-ONE
FISCAL YEAR AND CONTINUING THROUGH THE TWO THOUSAND TWENTY-TWO -- TWO
THOUSAND TWENTY-THREE FISCAL YEAR, THE COMMISSIONER OF TAXATION AND
FINANCE SHALL ANNUALLY DISBURSE ONE MILLION DOLLARS TO THE MARIHUANA
MICROBUSINESS AND MARIHUANA LICENSE REVOLVING LOAN FUND ESTABLISHED
PURSUANT TO SECTION NINETY-NINE-II OF THE STATE FINANCE LAW.
(D) BEGINNING WITH THE TWO THOUSAND TWENTY -- TWO THOUSAND TWENTY-ONE
FISCAL YEAR AND CONTINUING THROUGH THE TWO THOUSAND TWENTY-NINE -- TWO
THOUSAND THIRTY FISCAL YEAR, THE COMMISSIONER OF TAXATION AND FINANCE
SHALL ANNUALLY DISBURSE THE FOLLOWING SUMS FOR THE PURPOSES OF DATA
COLLECTION AND REPORTING:
(1) SEVEN HUNDRED FIFTY THOUSAND DOLLARS TO THE BUREAU OF MARIHUANA
POLICY TO TRACK AND REPORT DATA RELATED TO THE LICENSING OF MARIHUANA
BUSINESSES, INCLUDING THE GEOGRAPHIC LOCATION, STRUCTURE, AND FUNCTION
OF LICENSED MARIHUANA BUSINESSES, AND DEMOGRAPHIC DATA, INCLUDING RACE,
ETHNICITY, AND GENDER, OF LICENSE HOLDERS. THE BUREAU OF MARIHUANA POLI-
CY SHALL PUBLISH REPORTS ON ITS FINDINGS ANNUALLY AND SHALL MAKE THE
REPORTS AVAILABLE TO THE PUBLIC.
(2) SEVEN HUNDRED FIFTY THOUSAND DOLLARS TO THE DEPARTMENT OF CRIMINAL
JUSTICE SERVICES TO TRACK AND REPORT DATA RELATED TO ANY INFRACTIONS,
VIOLATIONS, OR CRIMINAL CONVICTIONS THAT OCCUR UNDER ANY OF THE REMAIN-
ING MARIHUANA STATUTES. THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES
SHALL PUBLISH REPORTS ON ITS FINDINGS ANNUALLY AND SHALL MAKE THE
REPORTS AVAILABLE TO THE PUBLIC.
(3) ONE MILLION DOLLARS TO THE STATE UNIVERSITY OF NEW YORK TO
RESEARCH AND EVALUATE THE IMPLEMENTATION AND EFFECT OF THE MARIHUANA
REGULATION AND TAXATION ACT. NO MORE THAN FOUR PERCENT OF THESE MONIES
MAY BE USED FOR EXPENSES RELATED TO ADMINISTRATIVE COSTS OF CONDUCTING
S. 3040--C 48
SUCH RESEARCH, AND TO, IF APPROPRIATE, MAKE RECOMMENDATIONS TO THE
LEGISLATURE AND GOVERNOR REGARDING POSSIBLE AMENDMENTS TO THE MARIHUANA
REGULATION AND TAXATION ACT. THE RECIPIENTS OF THESE FUNDS SHALL PUBLISH
REPORTS ON THEIR FINDINGS AT A MINIMUM OF EVERY TWO YEARS AND SHALL MAKE
THE REPORTS AVAILABLE TO THE PUBLIC. THE RESEARCH FUNDED PURSUANT TO
THIS SUBDIVISION SHALL INCLUDE BUT NOT NECESSARILY BE LIMITED TO:
(A) THE IMPACTS ON PUBLIC HEALTH, INCLUDING HEALTH COSTS ASSOCIATED
WITH MARIHUANA USE, AS WELL AS WHETHER MARIHUANA USE IS ASSOCIATED WITH
AN INCREASE OR DECREASE IN USE OF ALCOHOL OR OTHER DRUGS;
(B) THE IMPACT OF TREATMENT FOR CANNABIS USE DISORDER AND THE EFFEC-
TIVENESS OF DIFFERENT TREATMENT PROGRAMS;
(C) PUBLIC SAFETY ISSUES RELATED TO MARIHUANA USE, INCLUDING STUDYING
THE EFFECTIVENESS OF THE PACKAGING AND LABELING REQUIREMENTS AND ADVER-
TISING AND MARKETING RESTRICTIONS CONTAINED IN THE ACT AT PREVENTING
UNDERAGE ACCESS TO AND USE OF MARIHUANA AND MARIHUANA PRODUCTS, AND
STUDYING THE HEALTH-RELATED EFFECTS AMONG USERS OF VARYING POTENCY
LEVELS OF MARIHUANA AND MARIHUANA PRODUCTS;
(D) MARIHUANA USE RATES, MALADAPTIVE USE RATES FOR ADULTS AND YOUTH,
AND DIAGNOSIS RATES OF MARIHUANA-RELATED SUBSTANCE USE DISORDERS;
(E) MARIHUANA MARKET PRICES, ILLICIT MARKET PRICES, TAX STRUCTURES AND
RATES, INCLUDING AN EVALUATION OF HOW TO BEST TAX MARIHUANA BASED ON
POTENCY, AND THE STRUCTURE AND FUNCTION OF LICENSED MARIHUANA BUSI-
NESSES;
(F) WHETHER ADDITIONAL PROTECTIONS ARE NEEDED TO PREVENT UNLAWFUL
MONOPOLIES OR ANTI-COMPETITIVE BEHAVIOR FROM OCCURRING IN THE NONMEDICAL
MARIHUANA INDUSTRY AND, IF SO, RECOMMENDATIONS AS TO THE MOST EFFECTIVE
MEASURES FOR PREVENTING SUCH BEHAVIOR;
(G) THE ECONOMIC IMPACTS IN THE PRIVATE AND PUBLIC SECTORS, INCLUDING
BUT NOT NECESSARILY LIMITED TO, JOB CREATION, WORKPLACE SAFETY, REVEN-
UES, TAXES GENERATED FOR STATE AND LOCAL BUDGETS, AND CRIMINAL JUSTICE
IMPACTS, INCLUDING, BUT NOT NECESSARILY LIMITED TO, IMPACTS ON LAW
ENFORCEMENT AND PUBLIC RESOURCES, SHORT AND LONG TERM CONSEQUENCES OF
INVOLVEMENT IN THE CRIMINAL JUSTICE SYSTEM, AND STATE AND LOCAL GOVERN-
MENT AGENCY ADMINISTRATIVE COSTS AND REVENUE;
(H) WHETHER THE REGULATORY AGENCIES TASKED WITH IMPLEMENTING AND
ENFORCING THE MARIHUANA REGULATION AND TAXATION ACT ARE DOING SO
CONSISTENT WITH THE PURPOSES OF THE ACT, AND WHETHER DIFFERENT AGENCIES
MIGHT DO SO MORE EFFECTIVELY; AND
(I) ANY ENVIRONMENTAL ISSUES RELATED TO MARIHUANA PRODUCTION AND THE
CRIMINAL PROHIBITION OF MARIHUANA PRODUCTION.
4. AFTER THE DISPERSAL OF MONEYS PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, THE REMAINING MONEYS IN THE FUND DEPOSITED DURING THE PRIOR
FISCAL YEAR SHALL BE DISBURSED INTO THE STATE LOTTERY FUND AND TWO ADDI-
TIONAL SUB-FUNDS CREATED WITHIN THE MARIHUANA REVENUE FUND KNOWN AS THE
DRUG TREATMENT AND PUBLIC EDUCATION FUND AND THE COMMUNITY GRANTS REIN-
VESTMENT FUND, AS FOLLOWS:
(A) TWENTY-FIVE PERCENT SHALL BE DEPOSITED IN THE STATE LOTTERY FUND
ESTABLISHED BY SECTION NINETY-TWO-C OF THIS ARTICLE; PROVIDED THAT SUCH
MONEYS SHALL BE DISTRIBUTED TO THE DEPARTMENT OF EDUCATION IN ACCORDANCE
WITH SUBDIVISIONS TWO AND FOUR OF SECTION NINETY-TWO-C OF THIS ARTICLE
AND SHALL NOT BE UTILIZED FOR THE PURPOSES OF SUBDIVISION THREE OF SUCH
SECTION. MONIES ALLOCATED BY THIS ARTICLE MAY ENHANCE, BUT SHALL NOT
SUPPLANT, EXISTING DEDICATED FUNDS TO THE DEPARTMENT OF EDUCATION;
(B) TWENTY-FIVE PERCENT SHALL BE DEPOSITED IN THE DRUG TREATMENT AND
PUBLIC EDUCATION FUND ESTABLISHED BY SECTION NINETY-NINE-GG OF THIS
ARTICLE; AND
S. 3040--C 49
(C) FIFTY PERCENT SHALL BE DEPOSITED IN THE COMMUNITY GRANTS REINVEST-
MENT FUND ESTABLISHED BY SECTION NINETY-NINE-HH OF THIS ARTICLE.
5. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
OF TAXATION AND FINANCE SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY
PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE
FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE
STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL DETAIL HOW THE
MONEYS OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND
SHALL INCLUDE:
(I) THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(II) RECIPIENTS OF AWARDS FROM THE FUND;
(III) THE AMOUNT AWARDED TO EACH RECIPIENT OF AN AWARD FROM THE FUND;
(IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
6. MONEYS SHALL BE PAYABLE DIRECTLY FROM THE MARIHUANA REVENUE FUND TO
THE DEPARTMENT.
§ 99-GG. NEW YORK STATE DRUG TREATMENT PUBLIC EDUCATION FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO
BE KNOWN AS THE "NEW YORK STATE DRUG TREATMENT PUBLIC EDUCATION FUND".
2. SUCH FUND SHALL CONSIST OF REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF SECTION NINETY-NINE-FF OF THIS ARTICLE AND ALL OTHER
MONEYS APPROPRIATED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO
LAW. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM
RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS
DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO
LAW.
3. THE MONEYS IN SUCH FUND SHALL BE EXPENDED TO THE COMMISSIONER OF
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE AND DISBURSED IN CONSULTA-
TION WITH THE COMMISSIONER OF HEALTH FOR THE FOLLOWING PURPOSES:
(A) TO DEVELOP AND IMPLEMENT A YOUTH-FOCUSED PUBLIC HEALTH EDUCATION
AND PREVENTION CAMPAIGN, INCLUDING SCHOOL-BASED PREVENTION, EARLY INTER-
VENTION, AND HEALTH CARE SERVICES AND PROGRAMS TO REDUCE THE RISK OF
MARIHUANA AND OTHER SUBSTANCE USE BY SCHOOL-AGED CHILDREN;
(B) TO DEVELOP AND IMPLEMENT A STATEWIDE PUBLIC HEALTH CAMPAIGN
FOCUSED ON THE HEALTH EFFECTS OF MARIHUANA AND LEGAL USE, INCLUDING AN
ONGOING EDUCATION AND PREVENTION CAMPAIGN THAT EDUCATES THE GENERAL
PUBLIC, INCLUDING PARENTS, CONSUMERS AND RETAILERS, ON THE LEGAL USE OF
MARIHUANA, THE IMPORTANCE OF PREVENTING YOUTH ACCESS, THE IMPORTANCE OF
SAFE STORAGE AND PREVENTING SECONDHAND MARIHUANA SMOKE EXPOSURE, INFOR-
MATION FOR PREGNANT OR BREASTFEEDING WOMEN, AND THE OVERCONSUMPTION OF
EDIBLES;
(C) TO PROVIDE SUBSTANCE USE DISORDER TREATMENT PROGRAMS FOR YOUTH AND
ADULTS, WITH AN EMPHASIS ON PROGRAMS THAT ARE CULTURALLY AND GENDER
COMPETENT, TRAUMA-INFORMED, EVIDENCE-BASED AND PROVIDE A CONTINUUM OF
CARE THAT INCLUDES SCREENING AND ASSESSMENT (SUBSTANCE USE DISORDER AS
WELL AS MENTAL HEALTH), EARLY INTERVENTION, ACTIVE TREATMENT, FAMILY
INVOLVEMENT, CASE MANAGEMENT, OVERDOSE PREVENTION, PREVENTION OF COMMU-
NICABLE DISEASES RELATED TO SUBSTANCE USE, RELAPSE MANAGEMENT FOR
SUBSTANCE USE AND OTHER CO-OCCURRING BEHAVIORAL HEALTH DISORDERS, VOCA-
TIONAL SERVICES, LITERACY SERVICES, PARENTING CLASSES, FAMILY THERAPY
S. 3040--C 50
AND COUNSELING SERVICES, MEDICATION-ASSISTED TREATMENTS, PSYCHIATRIC
MEDICATION AND PSYCHOTHERAPY; AND
(D) TO EVALUATE THE PROGRAMS BEING FUNDED TO DETERMINE THEIR EFFEC-
TIVENESS.
4. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL PROVIDE A
WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE
ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON ALCOHOLISM
AND DRUG ABUSE, CHAIR OF THE ASSEMBLY ALCOHOLISM AND DRUG ABUSE COMMIT-
TEE, THE STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL DETAIL HOW
THE MONEYS OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR,
AND SHALL INCLUDE:
(A) THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(B) RECIPIENTS OF AWARDS FROM THE FUND;
(C) THE AMOUNT AWARDED TO EACH RECIPIENT OF AN AWARD FROM THE FUND;
(D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
5. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF EDUCATION.
§ 99-HH. NEW YORK STATE COMMUNITY GRANTS REINVESTMENT FUND. 1. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS
THE "NEW YORK STATE COMMUNITY GRANTS REINVESTMENT FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF SECTION NINETY-NINE-FF OF THIS ARTICLE AND ALL OTHER
MONEYS APPROPRIATED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO
LAW. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM
RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS
DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO
LAW.
3. THE FUND SHALL BE GOVERNED AND ADMINISTERED BY AN EXECUTIVE STEER-
ING COMMITTEE OF THIRTEEN MEMBERS ESTABLISHED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES AND INCLUDING ADDITIONAL REPRESENTATIVES FROM THE
LABOR DEPARTMENT, AND THE HEALTH DEPARTMENT APPOINTED BY THE GOVERNOR
AND A REPRESENTATIVE OF THE EDUCATION DEPARTMENT APPOINTED BY THE BOARD
OF REGENTS. IN ADDITION, THE MAJORITY AND MINORITY LEADERS OF THE SENATE
AND ASSEMBLY SHALL EACH APPOINT ONE MEMBER TO THE STEERING COMMITTEE,
THE COMPTROLLER SHALL APPOINT THREE ADDITIONAL MEMBERS, AND THE ATTORNEY
GENERAL SHALL APPOINT TWO ADDITIONAL MEMBERS FROM RELEVANT LOCAL GOVERN-
MENT ENTITIES AND COMMUNITY-BASED ORGANIZATIONS. EVERY EFFORT SHOULD BE
MADE TO ENSURE A BALANCED AND DIVERSE COMMITTEE, WHICH SHALL HAVE EXPER-
TISE IN JOB PLACEMENT, HOMELESSNESS AND HOUSING, BEHAVIORAL HEALTH AND
SUBSTANCE USE DISORDER TREATMENT, AND EFFECTIVE REHABILITATIVE TREATMENT
FOR ADULTS AND JUVENILES, AND SHALL INCLUDE REPRESENTATIVES OF ORGANIZA-
TIONS SERVING COMMUNITIES IMPACTED BY PAST FEDERAL AND STATE DRUG POLI-
CIES.
4. THE MONEYS IN SUCH FUND SHALL BE EXPENDED BY THE EXECUTIVE STEERING
COMMITTEE TO QUALIFIED COMMUNITY-BASED NONPROFIT ORGANIZATIONS FOR THE
PURPOSE OF REINVESTING IN COMMUNITIES DISPROPORTIONATELY AFFECTED BY
PAST FEDERAL AND STATE DRUG POLICIES. THE GRANTS FROM THIS PROGRAM SHALL
S. 3040--C 51
BE USED TO SUPPORT JOB PLACEMENT, JOB SKILLS SERVICES, ADULT EDUCATION,
MENTAL HEALTH TREATMENT, SUBSTANCE USE DISORDER TREATMENT, SYSTEM NAVI-
GATION SERVICES, LEGAL SERVICES TO ADDRESS BARRIERS TO REENTRY, AND
LINKAGES TO MEDICAL CARE, WOMEN'S HEALTH SERVICES AND OTHER COMMUNITY-
BASED SUPPORTIVE SERVICES.
5. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROVIDE A WRITTEN
REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEM-
BLY, CHAIR OF THE SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON CHILDREN AND FAMI-
LIES, CHAIR OF THE ASSEMBLY CHILDREN AND FAMILIES COMMITTEE, CHAIR OF
THE SENATE COMMITTEE ON LABOR, CHAIR OF THE ASSEMBLY LABOR COMMITTEE,
CHAIR OF THE SENATE COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY HEALTH
COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON EDUCATION, CHAIR OF THE
ASSEMBLY EDUCATION COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC. SUCH
REPORT SHALL DETAIL HOW THE MONIES OF THE FUND WERE UTILIZED DURING THE
PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
(A) THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(B) RECIPIENTS OF AWARDS FROM THE FUND;
(C) THE AMOUNT AWARDED TO EACH RECIPIENT OF AN AWARD FROM THE FUND;
(D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
6. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF EDUCATION.
§ 33. The tax law is amended by adding a new article 18-A to read as
follows:
ARTICLE 18-A
PROVISIONS RELATING TO MARIHUANA
SECTION 446. DEFINITIONS.
447. TAXES IMPOSED.
447-A. LOCAL TAXES ON MARIHUANA BY A CITY OR TOWN.
447-B. ORDINARY AND NECESSARY EXPENSES DEDUCTIBLE FROM NET
INCOME.
448. SURETY BOND.
449. COLLECTION OF TAX.
§ 446. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "COMMERCIAL MARKET ACTIVITY" INCLUDES THE CULTIVATION, POSSESSION,
MANUFACTURE, DISTRIBUTION, PROCESSING, STORING, LABORATORY TESTING,
LABELING, TRANSPORTATION, DELIVERY OR SALE OF MARIHUANA AND MARIHUANA
PRODUCTS, AS PROVIDED FOR IN ARTICLE ELEVEN OF THE ALCOHOLIC BEVERAGE
CONTROL LAW, BUT SHALL NOT INCLUDE MEDICAL MARIHUANA ACTIVITIES PROVIDED
FOR IN TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
2. "CONCENTRATED CANNABIS" MEANS (A) THE SEPARATED RESIN, WHETHER
CRUDE OR PURIFIED, OBTAINED FROM A PLANT OF THE GENUS CANNABIS; OR (B) A
MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE WHICH
CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDROCANNABI-
NOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR DELTA-1
TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE NUMBERING
SYSTEM.
3. "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,
WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY
S. 3040--C 52
PART OF THE PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE,
MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT
INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS,
OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-
FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS
(EXCEPT THE RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE
STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES
NOT INCLUDE ALL PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING
OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-
BINOL (THC).
4. "MARIHUANA CONSUMER" MEANS A PERSON TWENTY-ONE YEARS OF AGE OR
OLDER WHO PURCHASED MARIHUANA OR MARIHUANA PRODUCTS FOR PERSONAL USE BY
PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.
5. "MARIHUANA FLOWERS" SHALL MEAN THE DRIED FLOWERS OF THE MARIHUANA
PLANT.
6. "MARIHUANA LEAVES" SHALL MEAN ALL PARTS OF THE MARIHUANA PLANT
OTHER THAN MARIHUANA FLOWERS THAT ARE SOLD OR CONSUMED.
7. "MARIHUANA PROCESSOR" MEANS A PERSON LICENSED BY THE BUREAU OF
MARIHUANA POLICY TO PURCHASE MARIHUANA AND CONCENTRATED CANNABIS FROM
MARIHUANA PRODUCERS, TO PROCESS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS, PACKAGE AND LABEL MARIHUANA, CONCENTRATED
CANNABIS AND MARIHUANA-INFUSED PRODUCTS FOR SALE IN RETAIL OUTLETS, AND
SELL MARIHUANA, CONCENTRATED CANNABIS AND MARIHUANA INFUSED PRODUCTS AT
WHOLESALE TO MARIHUANA RETAILERS.
8. "MARIHUANA PRODUCER" MEANS A PERSON LICENSED BY THE BUREAU OF MARI-
HUANA POLICY TO PRODUCE, PROCESS, AND SELL MARIHUANA AND CONCENTRATED
CANNABIS AT WHOLESALE TO MARIHUANA PROCESSORS, MARIHUANA RETAILERS, OR
OTHER MARIHUANA PRODUCERS, BUT NOT TO CONSUMERS.
9. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS.
10. "MARIHUANA-INFUSED PRODUCTS" MEANS PRODUCTS THAT CONTAIN MARIHUANA
OR CONCENTRATED CANNABIS AND ARE INTENDED FOR HUMAN USE OR CONSUMPTION,
SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS, OINTMENTS, AND TINCTURES.
11. "IMMATURE MARIHUANA PLANT" MEANS A MARIHUANA PLANT WITH NO OBSERV-
ABLE FLOWERS OR BUDS.
12. "MARIHUANA RETAILER" MEANS A PERSON LICENSED BY THE BUREAU OF
MARIHUANA POLICY TO PURCHASE MARIHUANA, CONCENTRATED CANNABIS, AND MARI-
HUANA-INFUSED PRODUCTS FROM MARIHUANA PRODUCERS AND MARIHUANA PROCESSORS
AND SELL MARIHUANA, MARIHUANA-INFUSED PRODUCTS, AND CONCENTRATED CANNA-
BIS IN A RETAIL OUTLET.
13. "MARIHUANA RETAILER FOR ON-PREMISES CONSUMPTION" MEANS A PERSON
LICENSED BY THE BUREAU OF MARIHUANA POLICY TO PURCHASE MARIHUANA,
CONCENTRATED CANNABIS, AND MARIHUANA INFUSED PRODUCTS FROM MARIHUANA
PRODUCERS, MARIHUANA RETAILERS AND MARIHUANA PROCESSORS AND SELL MARI-
HUANA PRODUCTS FOR A CUSTOMER TO CONSUME WHILE THE CUSTOMER IS WITHIN
THE FACILITY.
§ 447. TAXES IMPOSED. 1. (A) THERE IS HEREBY LEVIED AND IMPOSED A
CULTIVATION TAX UPON ALL HARVESTED MARIHUANA THAT ENTERS THE COMMERCIAL
MARKET UPON ALL PERSONS REQUIRED TO BE LICENSED TO CULTIVATE MARIHUANA
PURSUANT TO ARTICLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW. THE
TAX SHALL BE DUE AFTER THE MARIHUANA IS HARVESTED.
(I) MARIHUANA FLOWERS SHALL BE TAXED AT A RATE OF SIXTY-TWO CENTS PER
DRY-WEIGHT GRAM.
(II) MARIHUANA LEAVES SHALL BE TAXED AT A RATE OF TEN CENTS PER DRY-
WEIGHT GRAM.
S. 3040--C 53
(B) THERE IS HEREBY LEVIED AND IMPOSED A NURSERY TAX UPON ALL IMMATURE
PLANTS THAT ENTER THE COMMERCIAL MARKET UPON ALL PERSONS REQUIRED TO BE
LICENSED TO PRODUCE IMMATURE PLANTS PURSUANT TO ARTICLE ELEVEN OF THE
ALCOHOLIC BEVERAGE CONTROL LAW. IMMATURE PLANTS SHALL BE TAXED AT A RATE
OF ONE DOLLAR AND THIRTY-FIVE CENTS EACH.
(C) THERE IS HEREBY LEVIED AND IMPOSED A TAX UPON MARIHUANA SOLD OR
OTHERWISE TRANSFERRED BY A MARIHUANA PRODUCER TO A MARIHUANA PROCESSOR
OR MARIHUANA RETAILER AT A RATE EQUIVALENT TO THE RATE ESTABLISHED UNDER
ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
(D) A MARIHUANA EXCISE TAX IS HEREBY LEVIED AND IMPOSED UPON CUSTOMERS
OF NONMEDICAL MARIHUANA OR NONMEDICAL MARIHUANA PRODUCTS SOLD IN THIS
STATE AT THE RATE FIFTEEN PERCENT OF ANY SALE BY A RETAILER, MICROBUSI-
NESS, OR OTHER PERSON REQUIRED TO BE LICENSED PURSUANT TO ARTICLE ELEVEN
OF THE ALCOHOLIC BEVERAGE CONTROL LAW TO SELL MARIHUANA AND MARIHUANA
PRODUCTS DIRECTLY TO A CUSTOMER.
(E) THE DEPARTMENT SHALL ESTABLISH PROCEDURES FOR THE COLLECTION OF
ALL TAXES LEVIED.
(F) NO TAX ESTABLISHED BY THIS SECTION SHALL BE LEVIED UPON MEDICAL
MARIHUANA INTENDED FOR SALE TO A CERTIFIED PATIENT OR DESIGNATED CARE-
GIVER PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC
HEALTH LAW.
2. FOR REPORTING PERIODS BEGINNING LATER THAN ONE YEAR FOLLOWING THE
EFFECTIVE DATE OF THIS ARTICLE, THE RATES OF TAX UNDER SUBDIVISION ONE
OF THIS SECTION SHALL BE ADJUSTED FOR EACH BIENNIUM ACCORDING TO THE
COST-OF-LIVING ADJUSTMENT FOR THE CALENDAR YEAR.
3. THE DEPARTMENT SHALL REGULARLY REVIEW THE RATES OF THE TAX UNDER
SUBDIVISION ONE OF THIS SECTION AND MAKE RECOMMENDATIONS TO THE LEGISLA-
TURE REGARDING APPROPRIATE ADJUSTMENTS TO THE RATES THAT WILL FURTHER
THE PURPOSES OF:
(A) MAXIMIZING NET REVENUE;
(B) MINIMIZING THE ILLEGAL MARIHUANA INDUSTRY; AND
(C) DISCOURAGING THE USE OF MARIHUANA BY MINORS UNDER TWENTY-ONE YEARS
OF AGE.
§ 447-A. LOCAL TAXES ON MARIHUANA BY A CITY OR TOWN. ANY CITY OR TOWN
IN THIS STATE, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY
AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IMPOSING IN ANY
SUCH CITY OR TOWN A SALES TAX ON MARIHUANA RETAILERS AT A RATE OF NO
MORE THAN TWO PERCENT OF THE SALE PRICE OF MARIHUANA PRODUCTS SOLD TO A
MARIHUANA CONSUMER. ANY TAXES IMPOSED PURSUANT TO THE AUTHORITY OF THIS
SECTION SHALL BE ADMINISTERED AND COLLECTED BY THE DEPARTMENT IN THE
SAME MANNER AS THE TAXES IMPOSED UNDER SECTION FOUR HUNDRED FORTY-NINE
OF THIS ARTICLE. THE COMMISSIONER IS HEREBY EMPOWERED TO MAKE SUCH
PROVISIONS AS IT DEEMS NECESSARY FOR THE JOINT ADMINISTRATION AND
COLLECTION OF THE STATE AND LOCAL TAXES IMPOSED AND AUTHORIZED BY THIS
ARTICLE.
§ 447-B. ORDINARY AND NECESSARY EXPENSES DEDUCTIBLE FROM NET INCOME.
NOTWITHSTANDING ANY FEDERAL TAX LAW TO THE CONTRARY, IN COMPUTING NET
INCOME FOR BUSINESSES EXEMPTED FROM CRIMINAL PENALTIES UNDER ARTICLES
TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-ONE OF THE PENAL LAW AND ARTI-
CLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW, THERE SHALL BE ALLOWED
AS A DEDUCTION FROM STATE TAXES ALL THE ORDINARY AND NECESSARY EXPENSES
PAID OR INCURRED DURING THE TAXABLE YEAR IN CARRYING ON ANY TRADE OR
BUSINESS, INCLUDING BUT NOT LIMITED TO, REASONABLE ALLOWANCE FOR SALA-
RIES OR OTHER COMPENSATION FOR PERSONAL SERVICES ACTUALLY RENDERED.
§ 448. SURETY BOND. MARIHUANA RETAILER APPLICANTS ARE REQUIRED TO
SUBMIT A SURETY BOND WITH THE DEPARTMENT EQUAL TO TWO MONTHS OF THE
S. 3040--C 54
CULTIVATION FACILITY'S ANTICIPATED RETAIL MARIHUANA EXCISE TAX. THE
SURETY BOND MUST BE ISSUED BY A COMPANY AUTHORIZED TO DO BUSINESS IN THE
STATE. PROOF OF SURETY BOND IS REQUIRED FOR APPROVAL OF APPLICANT'S
RETAIL LICENSE.
§ 449. COLLECTION OF TAX. THIS TAX SHALL BE COLLECTED BY THE COMMIS-
SIONER WHO SHALL ESTABLISH A PROCEDURE FOR THE COLLECTION OF THIS TAX.
§ 34. Paragraphs (i), (j) and (k) of subdivision 3 of section 160.50
of the criminal procedure law, paragraphs (i) and (j) as added by chap-
ter 905 of the laws of 1977 and paragraph (k) as added by chapter 835 of
the laws of 1977 and as relettered by chapter 192 of the laws of 1980,
are amended to read as follows:
(i) prior to the filing of an accusatory instrument in a local crimi-
nal court against such person, the prosecutor elects not to prosecute
such person. In such event, the prosecutor shall serve a certification
of such disposition upon the division of criminal justice services and
upon the appropriate police department or law enforcement agency which,
upon receipt thereof, shall comply with the provisions of paragraphs
(a), (b), (c) and (d) of subdivision one of this section in the same
manner as is required thereunder with respect to an order of a court
entered pursuant to said subdivision one[.]; OR
(j) following the arrest of such person, the arresting police agency,
prior to the filing of an accusatory instrument in a local criminal
court but subsequent to the forwarding of a copy of the fingerprints of
such person to the division of criminal justice services, elects not to
proceed further. In such event, the head of the arresting police agency
shall serve a certification of such disposition upon the division of
criminal justice services which, upon receipt thereof, shall comply with
the provisions of paragraphs (a), (b), (c) and (d) of subdivision one of
this section in the same manner as is required thereunder with respect
to an order of a court entered pursuant to said subdivision one[.]; OR
(k) (i) The accusatory instrument alleged a violation of article two
hundred twenty or section 240.36 of the penal law, prior to the taking
effect of article two hundred twenty-one of the penal law, or BY THE
CONVICTION OF SUCH PERSON OF a violation of [article two hundred twen-
ty-one] SECTION 221.45 of the penal law ON OR AFTER THE EFFECTIVE DATE
OF THE CHAPTER OF THE LAWS OF TWO THOUSAND EIGHTEEN THAT AMENDED THIS
SUBDIVISION OR A VIOLATION OF SECTION 221.05, 221.10, 221.15, 221.20,
221.25, 221.30, 221.35, OR 221.40 OF THE PENAL LAW PRIOR TO THE EFFEC-
TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND EIGHTEEN THAT
AMENDED THIS SUBDIVISION; AND (ii) the sole controlled substance
involved is [marijuana; (iii) the conviction was only for a violation or
violations; and (iv) at least three years have passed since the offense
occurred] MARIHUANA. NO DEFENDANT SHALL BE REQUIRED OR PERMITTED TO
WAIVE ELIGIBILITY FOR SEALING PURSUANT TO THIS PARAGRAPH AS PART OF A
PLEA OF GUILTY, SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR A
VIOLATION OF SECTION 221.45 OF THE PENAL LAW. ANY SUCH WAIVER SHALL BE
DEEMED VOID AND WHOLLY UNENFORCEABLE.
§ 35. Subdivision 4 of section 160.50 of the criminal procedure law,
as amended by chapter 905 of the laws of 1977 and renumbered by chapter
142 of the laws of 1991, is amended to read as follows:
4. A person in whose favor a criminal action or proceeding was termi-
nated, as defined in [paragraph] PARAGRAPHS (a) through (h), (K) OR (L)
of subdivision [two] THREE of this section, prior to the effective date
of [this section, may upon motion apply to the court in which such
termination occurred, upon not less than twenty days notice to the
district attorney, for an order granting to such person the relief set
S. 3040--C 55
forth in subdivision one of this section, and such order shall be grant-
ed unless the district attorney demonstrates to the satisfaction of the
court that the interests of justice require otherwise. A person in whose
favor a criminal action or proceeding was terminated, as defined in
paragraph (i) or (j) of subdivision two of this section, prior to the
effective date of this section, may apply to the appropriate prosecutor
or police agency for a certification as described in said paragraph (i)
or (j) granting to such person the relief set forth therein, and such
certification shall be granted by such prosecutor or police agency.] THE
CHAPTER OF THE LAWS OF TWO THOUSAND EIGHTEEN THAT AMENDED THIS SUBDIVI-
SION, AND WHOSE RECORDS HAVE NOT BEEN SEALED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION, MAY APPLY TO HAVE THE RECORDS OF SUCH CRIMINAL ACTION
OR PROCEEDING SEALED AT THE CLERK'S OFFICE FOR THE COURT IN WHICH THE
CRIMINAL ACTION OR PROCEEDING WAS TERMINATED. APPLICATION MAY BE MADE BY
THE PERSON OR HIS OR HER ATTORNEY. UPON A DETERMINATION BY THE CLERK
THAT THE ACTION OR PROCEEDING WAS TERMINATED IN THE PERSON'S FAVOR AS
DEFINED IN SUBDIVISION THREE OF THIS SECTION, THE CLERK OF THE COURT
SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND THE HEADS OF ALL APPROPRIATE POLICE DEPARTMENTS AND
OTHER LAW ENFORCEMENT AGENCIES THAT THE ACTION HAS BEEN TERMINATED IN
FAVOR OF THE ACCUSED AND THAT THE RECORD OF SUCH ACTION OR PROCEEDINGS
SHALL BE SEALED. UPON RECEIPT OF NOTIFICATION OF SUCH TERMINATION AND
SEALING, ALL RECORDS RELATING TO THE CRIMINAL ACTION SHALL BE SEALED, AS
REQUIRED UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, AND ALL
PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS AND FINGERPRINTS
SHALL BE DESTROYED OR RETURNED AS SPECIFIED IN PARAGRAPHS (A) AND (B) OF
SUBDIVISION ONE OF THIS SECTION. THIS PARAGRAPH SHALL NOT APPLY TO CASES
IN WHICH THE COURT DECLINED TO SEAL FOR REASONS STATED ON THE RECORD,
PURSUANT TO SUBDIVISION ONE OF THIS SECTION. WHEN AN APPLICANT UNDER
THIS SUBDIVISION PRESENTS TO THE COURT CLERK FINGERPRINT RECORDS FROM
NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES OR A COURT DISPOSI-
TION WHICH INDICATE THAT A CRIMINAL ACTION OR PROCEEDING AGAINST THE
APPLICANT WAS DISMISSED BUT THE SUPPORTING COURT RECORDS CANNOT BE
LOCATED, HAVE BEEN DESTROYED, OR DO NOT INDICATE WHETHER THE DISMISSAL
WAS A "TERMINATION IN FAVOR OF" THE ACCUSED AS THAT TERM IS DEFINED IN
SUBDIVISION THREE OF THIS SECTION, THE CLERK OF THE COURT WHEREIN SUCH
CRIMINAL ACTION OR PROCEEDING WAS TERMINATED SHALL PROCEED AS IF THE
MATTER HAD BEEN SO TERMINATED.
§ 36. Subdivisions 1 and 2 of section 170.56 of the criminal procedure
law, subdivision 1 as amended by chapter 360 of the laws of 1977 and
subdivision 2 as added by chapter 1042 of the laws of 1971, are amended
to read as follows:
1. Upon or after arraignment in a local criminal court upon an infor-
mation, a prosecutor's information or a misdemeanor complaint, where the
sole remaining count or counts charge a violation or violations of
section [221.05, 221.10, 221.15, 221.35 or 221.40] 221.45 of the penal
law, OR UPON SUMMONS FOR A NUISANCE OFFENSE UNDER SECTION SIXTY-FIVE-C
OF THE ALCOHOLIC BEVERAGE CONTROL LAW and before the entry of a plea of
guilty thereto or commencement of a trial thereof, the court, upon
motion of a defendant, may order that all proceedings be suspended and
the action adjourned in contemplation of dismissal, or upon a finding
that adjournment would not be necessary or appropriate and the setting
forth in the record of the reasons for such findings, may dismiss in
furtherance of justice the accusatory instrument; provided, however,
that the court may not order such adjournment in contemplation of
dismissal or dismiss the accusatory instrument if: (a) the defendant has
S. 3040--C 56
previously been granted such adjournment in contemplation of dismissal,
or (b) the defendant has previously been granted a dismissal under this
section, or (c) the defendant has previously been convicted of any
offense involving controlled substances, or (d) the defendant has previ-
ously been convicted of a crime and the district attorney does not
consent or (e) the defendant has previously been adjudicated a youthful
offender on the basis of any act or acts involving controlled substances
and the district attorney does not consent. NOTWITHSTANDING THE LIMITA-
TIONS SET FORTH IN THIS SUBDIVISION, THE COURT MAY ORDER THAT ALL
PROCEEDINGS BE SUSPENDED AND THE ACTION ADJOURNED IN CONTEMPLATION OF
DISMISSAL BASED UPON A FINDING OF EXCEPTIONAL CIRCUMSTANCES. FOR
PURPOSES OF THIS SUBDIVISION, EXCEPTIONAL CIRCUMSTANCES EXIST WHEN,
REGARDLESS OF THE ULTIMATE DISPOSITION OF THE CASE, THE ENTRY OF A PLEA
OF GUILTY IS LIKELY TO RESULT IN SEVERE COLLATERAL CONSEQUENCES, INCLUD-
ING, BUT NOT LIMITED TO, THOSE THAT COULD LEAVE A NONCITIZEN INADMISSI-
BLE OR REMOVABLE FROM THE UNITED STATES.
2. Upon ordering the action adjourned in contemplation of dismissal,
the court must set and specify such conditions for the adjournment as
may be appropriate, and such conditions may include placing the defend-
ant under the supervision of any public or private agency. At any time
prior to dismissal the court may modify the conditions or extend or
reduce the term of the adjournment, except that the total period of
adjournment shall not exceed [twelve] SIX months. Upon violation of any
condition fixed by the court, the court may revoke its order and restore
the case to the calendar and the prosecution thereupon must proceed. If
the case is not so restored to the calendar during the period fixed by
the court, the accusatory instrument is, at the expiration of such peri-
od, deemed to have been dismissed in the furtherance of justice.
§ 37. Section 210.46 of the criminal procedure law, as amended by
chapter 360 of the laws of 1977, is amended to read as follows:
§ 210.46 Adjournment in contemplation of dismissal in marihuana cases
in a superior court.
Upon or after arraignment in a superior court upon an indictment where
the sole remaining count or counts charge a violation or violations of
section [221.05, 221.10, 221.15, 221.35 or 221.40] 221.45 of the penal
law and before the entry of a plea of guilty thereto or commencement of
a trial thereof, the court, upon motion of a defendant, may order that
all proceedings be suspended and the action adjourned in contemplation
of dismissal or may dismiss the indictment in furtherance of justice, in
accordance with the provisions of section 170.56 of this chapter.
§ 38. Paragraph (h) and subparagraph (ii) of paragraph (i) of subdivi-
sion 1 of section 440.10 of the criminal procedure law, paragraph (h) as
amended by chapter 332 of the laws of 2010 and subparagraph (ii) of
paragraph (i) as amended by chapter 368 of the laws of 2015, are amended
and a new paragraph (j) is added to read as follows:
(h) The judgment was obtained in violation of a right of the defendant
under the constitution of this state or of the United States; [or]
(ii) official documentation of the defendant's status as a victim of
trafficking, compelling prostitution or trafficking in persons at the
time of the offense from a federal, state or local government agency
shall create a presumption that the defendant's participation in the
offense was a result of having been a victim of sex trafficking, compel-
ling prostitution or trafficking in persons, but shall not be required
for granting a motion under this paragraph[.]; OR
(J) THE JUDGMENT OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH AND IS A CONVICTION FOR:
S. 3040--C 57
(I) AN OFFENSE AS DEFINED BY SECTION 221.05 OR 221.10 OF THE PENAL LAW
(CRIMINAL POSSESSION OF MARIHUANA IN THE FIFTH DEGREE), AS IN EFFECT
PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH, PROVIDED THAT THE ACCUSA-
TORY INSTRUMENT THAT UNDERLIES THE JUDGMENT DOES NOT INCLUDE AN ALLEGA-
TION THAT THE DEFENDANT POSSESSED MORE THAN TWENTY-FIVE GRAMS OF MARI-
HUANA; OR
(II) AN OFFENSE AS DEFINED BY FORMER SECTION 221.35 OF THE PENAL LAW
(CRIMINAL SALE OF MARIHUANA IN THE FIFTH DEGREE).
§ 39. Subdivision 6 of section 440.10 of the criminal procedure law,
as added by chapter 332 of the laws of 2010, is amended to read as
follows:
6. If the court grants a motion under paragraph (i) OR PARAGRAPH (J)
of subdivision one of this section, it must vacate the judgment and
dismiss the accusatory instrument, and may take such additional action
as is appropriate in the circumstances.
§ 40. The criminal procedure law is amended by adding a new section
440.46-a to read as follows:
§ 440.46-A MOTION FOR RESENTENCE; PERSONS CONVICTED OF CERTAIN MARIHUANA
OFFENSES.
1. A PERSON CURRENTLY SERVING A SENTENCE FOR A CONVICTION, WHETHER BY
TRIAL OR BY OPEN OR NEGOTIATED PLEA, WHO WOULD NOT HAVE BEEN GUILTY OF
AN OFFENSE OR WHO WOULD HAVE BEEN GUILTY OF A LESSER OFFENSE ON AND
AFTER THE EFFECTIVE DATE OF THIS SECTION HAD THIS SECTION BEEN IN EFFECT
AT THE TIME OF HIS OR HER CONVICTION MAY PETITION FOR A RECALL OR
DISMISSAL OF SENTENCE BEFORE THE TRIAL COURT THAT ENTERED THE JUDGMENT
OF CONVICTION IN HIS OR HER CASE TO REQUEST RESENTENCING OR DISMISSAL IN
ACCORDANCE WITH ARTICLE TWO HUNDRED TWENTY-ONE OF THE PENAL LAW.
2. UPON RECEIVING A MOTION UNDER SUBDIVISION ONE OF THIS SECTION THE
COURT SHALL PRESUME THE MOVANT SATISFIES THE CRITERIA IN SUBDIVISION ONE
OF THIS SECTION UNLESS THE PARTY OPPOSING THE MOTION PROVES BY CLEAR AND
CONVINCING EVIDENCE THAT THE MOVANT DOES NOT SATISFY THE CRITERIA. IF
THE MOVANT SATISFIES THE CRITERIA IN SUBDIVISION ONE OF THIS SECTION,
THE COURT SHALL GRANT THE MOTION TO VACATE THE SENTENCE OR TO RESENTENCE
BECAUSE IT IS LEGALLY INVALID. IN EXERCISING ITS DISCRETION, THE COURT
MAY CONSIDER, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING:
(A) THE MOVANT'S CRIMINAL CONVICTION HISTORY, INCLUDING THE TYPE OF
CRIMES COMMITTED, THE EXTENT OF INJURY TO VICTIMS, THE LENGTH OF PRIOR
PRISON COMMITMENTS, AND THE REMOTENESS OF THE CRIMES.
(B) THE MOVANT'S DISCIPLINARY RECORD AND RECORD OF REHABILITATION
WHILE INCARCERATED.
3. A PERSON WHO IS SERVING A SENTENCE AND RESENTENCED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION SHALL BE GIVEN CREDIT FOR ANY TIME
ALREADY SERVED AND SHALL BE SUBJECT TO SUPERVISION FOR ONE YEAR FOLLOW-
ING COMPLETION OF HIS OR HER TIME IN CUSTODY OR SHALL BE SUBJECT TO
WHATEVER SUPERVISION TIME HE OR SHE WOULD HAVE OTHERWISE BEEN SUBJECT TO
AFTER RELEASE, WHICHEVER IS SHORTER, UNLESS THE COURT, IN ITS
DISCRETION, AS PART OF ITS RESENTENCING ORDER, RELEASES THE PERSON FROM
SUPERVISION. SUCH PERSON IS SUBJECT TO PAROLE SUPERVISION UNDER SECTION
60.04 OF THE PENAL LAW OR POST-RELEASE SUPERVISION UNDER SECTION 70.45
OF THE PENAL LAW BY THE DESIGNATED AGENCY AND THE JURISDICTION OF THE
COURT IN THE COUNTY IN WHICH THE OFFENDER IS RELEASED OR RESIDES, OR IN
WHICH AN ALLEGED VIOLATION OF SUPERVISION HAS OCCURRED, FOR THE PURPOSE
OF HEARING PETITIONS TO REVOKE SUPERVISION AND IMPOSE A TERM OF CUSTODY.
4. UNDER NO CIRCUMSTANCES MAY RESENTENCING UNDER THIS SECTION RESULT
IN THE IMPOSITION OF A TERM LONGER THAN THE ORIGINAL SENTENCE, OR THE
S. 3040--C 58
REINSTATEMENT OF CHARGES DISMISSED PURSUANT TO A NEGOTIATED PLEA AGREE-
MENT.
5. A PERSON WHO HAS COMPLETED HIS OR HER SENTENCE FOR A CONVICTION
UNDER THE FORMER ARTICLE TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, WHETH-
ER BY TRIAL OR OPEN OR NEGOTIATED PLEA, WHO WOULD NOT HAVE BEEN GUILTY
OF AN OFFENSE OR WHO WOULD HAVE BEEN GUILTY OF A LESSER OFFENSE ON AND
AFTER THE EFFECTIVE DATE OF THIS SECTION HAD THIS SECTION BEEN IN EFFECT
AT THE TIME OF HIS OR HER CONVICTION, MAY FILE AN APPLICATION BEFORE THE
TRIAL COURT THAT ENTERED THE JUDGMENT OF CONVICTION IN HIS OR HER CASE
TO HAVE THE CONVICTION, IN ACCORDANCE WITH ARTICLE TWO HUNDRED TWENTY-
ONE OF THE PENAL LAW:
(A) DISMISSED BECAUSE THE PRIOR CONVICTION IS NOW LEGALLY INVALID AND
SEALED IN ACCORDANCE WITH SECTION 160.50 OF THIS CHAPTER;
(B) REDESIGNATED (OR "RECLASSIFIED") AS A VIOLATION AND SEALED IN
ACCORDANCE WITH SECTION 160.50 OF THIS CHAPTER; OR
(C) REDESIGNATED (RECLASSIFIED) AS A MISDEMEANOR.
6. THE COURT SHALL PRESUME THE PETITIONER SATISFIES THE CRITERIA IN
SUBDIVISION FIVE UNLESS THE PARTY OPPOSING THE APPLICATION PROVES BY
CLEAR AND CONVINCING EVIDENCE THAT THE PETITIONER DOES NOT SATISFY THE
CRITERIA IN SUBDIVISION FIVE. ONCE THE APPLICANT SATISFIES THE CRITERIA
IN SUBDIVISION FIVE, THE COURT SHALL REDESIGNATE (OR "RECLASSIFY") THE
CONVICTION AS A MISDEMEANOR, REDESIGNATE (RECLASSIFY) THE CONVICTION AS
A VIOLATION AND SEAL THE CONVICTION, OR DISMISS AND SEAL THE CONVICTION
AS LEGALLY INVALID UNDER THIS SECTION HAD THIS SECTION BEEN IN EFFECT AT
THE TIME OF HIS OR HER CONVICTION.
7. UNLESS REQUESTED BY THE APPLICANT, NO HEARING IS NECESSARY TO GRANT
OR DENY AN APPLICATION FILED UNDER SUBDIVISION FIVE OF THIS SECTION.
8. ANY FELONY CONVICTION THAT IS VACATED AND RESENTENCED UNDER SUBDI-
VISION TWO OR DESIGNATED AS A MISDEMEANOR OR VIOLATION UNDER SUBDIVISION
SIX OF THIS SECTION SHALL BE CONSIDERED A MISDEMEANOR OR VIOLATION FOR
ALL PURPOSES. ANY MISDEMEANOR CONVICTION THAT IS VACATED AND RESENTENCED
UNDER SUBDIVISION TWO OF THIS SECTION OR DESIGNATED AS A VIOLATION UNDER
SUBDIVISION SIX OF THIS SECTION SHALL BE CONSIDERED A VIOLATION FOR ALL
PURPOSES.
9. IF THE COURT THAT ORIGINALLY SENTENCED THE MOVANT IS NOT AVAILABLE,
THE PRESIDING JUDGE SHALL DESIGNATE ANOTHER JUDGE TO RULE ON THE PETI-
TION OR APPLICATION.
10. NOTHING IN THIS SECTION IS INTENDED TO DIMINISH OR ABROGATE ANY
RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THE PETITIONER OR APPLICANT.
11. NOTHING IN THIS AND RELATED SECTIONS IS INTENDED TO DIMINISH OR
ABROGATE THE FINALITY OF JUDGEMENTS IN ANY CASE NOT FALLING WITHIN THE
PURVIEW OF THIS SECTION.
12. THE PROVISIONS OF THIS SECTION SHALL APPLY EQUALLY TO JUVENILE
DELINQUENCY ADJUDICATIONS AND DISPOSITIONS UNDER SECTION FIVE HUNDRED
ONE-E OF THE EXECUTIVE LAW IF THE JUVENILE WOULD NOT HAVE BEEN GUILTY OF
AN OFFENSE OR WOULD HAVE BEEN GUILTY OF A LESSER OFFENSE UNDER THIS
SECTION HAD THIS SECTION BEEN IN EFFECT AT THE TIME OF HIS OR HER
CONVICTION.
13. THE OFFICE OF COURT ADMINISTRATION SHALL PROMULGATE AND MAKE
AVAILABLE ALL NECESSARY FORMS TO ENABLE THE FILING OF THE PETITIONS AND
APPLICATIONS PROVIDED IN THIS SECTION NO LATER THAN SIXTY DAYS FOLLOWING
THE EFFECTIVE DATE OF THIS SECTION.
§ 41. Paragraph (c) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 37 of the laws of 2014, is amended
to read as follows:
S. 3040--C 59
(c) Criminal possession of a controlled substance in the seventh
degree as defined in section 220.03 of the penal law, criminal
possession of a controlled substance in the fifth degree as defined in
section 220.06 of the penal law, criminal possession of a controlled
substance in the fourth degree as defined in section 220.09 of the penal
law, criminal possession of a controlled substance in the third degree
as defined in section 220.16 of the penal law, criminal possession of a
controlled substance in the second degree as defined in section 220.18
of the penal law, criminal possession of a controlled substance in the
first degree as defined in section 220.21 of the penal law, criminal
sale of a controlled substance in the fifth degree as defined in section
220.31 of the penal law, criminal sale of a controlled substance in the
fourth degree as defined in section 220.34 of the penal law, criminal
sale of a controlled substance in the third degree as defined in section
220.39 of the penal law, criminal sale of a controlled substance in the
second degree as defined in section 220.41 of the penal law, criminal
sale of a controlled substance in the first degree as defined in section
220.43 of the penal law, criminally possessing a hypodermic instrument
as defined in section 220.45 of the penal law, criminal sale of a
prescription for a controlled substance or a controlled substance by a
practitioner or pharmacist as defined in section 220.65 of the penal
law, criminal possession of methamphetamine manufacturing material in
the second degree as defined in section 220.70 of the penal law, crimi-
nal possession of methamphetamine manufacturing material in the first
degree as defined in section 220.71 of the penal law, criminal
possession of precursors of methamphetamine as defined in section 220.72
of the penal law, unlawful manufacture of methamphetamine in the third
degree as defined in section 220.73 of the penal law, unlawful manufac-
ture of methamphetamine in the second degree as defined in section
220.74 of the penal law, unlawful manufacture of methamphetamine in the
first degree as defined in section 220.75 of the penal law, unlawful
disposal of methamphetamine laboratory material as defined in section
220.76 of the penal law, operating as a major trafficker as defined in
section 220.77 of the penal law, [criminal possession of marihuana in
the first degree as defined in section 221.30 of the penal law, criminal
sale of marihuana in the first degree as defined in section 221.55 of
the penal law,] promoting gambling in the second degree as defined in
section 225.05 of the penal law, promoting gambling in the first degree
as defined in section 225.10 of the penal law, possession of gambling
records in the second degree as defined in section 225.15 of the penal
law, possession of gambling records in the first degree as defined in
section 225.20 of the penal law, and possession of a gambling device as
defined in section 225.30 of the penal law;
§ 42. Paragraphs (b) and (c) of subdivision 4-b and subdivisions 6 and
9 of section 1310 of the civil practice law and rules, paragraphs (b)
and (c) of subdivision 4-b as added by chapter 655 of the laws of 1990
and subdivisions 6 and 9 as added by chapter 669 of the laws of 1984,
are amended to read as follows:
(b) on three or more occasions, engaging in conduct constituting a
violation of any of the felonies defined in section 220.09, 220.16,
220.18, 220.21, 220.31, 220.34, 220.39, 220.41[,] OR 220.43 [or 221.55]
of the penal law, which violations do not constitute a single criminal
offense as defined in subdivision one of section 40.10 of the criminal
procedure law, or a single criminal transaction, as defined in paragraph
(a) of subdivision two of section 40.10 of the criminal procedure law,
and at least one of which resulted in a conviction of such offense, or
S. 3040--C 60
where the accusatory instrument charges one or more of such felonies,
conviction upon a plea of guilty to a felony for which such plea is
otherwise authorized by law; or
(c) a conviction of a person for a violation of section 220.09,
220.16, 220.34 or 220.39 of the penal law, [or a conviction of a crimi-
nal defendant for a violation of section 221.30 of the penal law,] or
where the accusatory instrument charges any such felony, conviction upon
a plea of guilty to a felony for which the plea is otherwise authorized
by law, together with evidence which: (i) provides substantial indicia
that the defendant used the real property to engage in a continual,
ongoing course of conduct involving the unlawful mixing, compounding,
manufacturing, warehousing, or packaging of controlled substances [or
where the conviction is for a violation of section 221.30 of the penal
law, marijuana,] as part of an illegal trade or business for gain; and
(ii) establishes, where the conviction is for possession of a controlled
substance [or where the conviction is for a violation of section 221.30
of the penal law, marijuana], that such possession was with the intent
to sell it.
[6. "Pre-conviction forfeiture crime" means only a felony defined in
article two hundred twenty or section 221.30 or 221.55 of the penal
law.]
9. "Criminal defendant" means a person who has criminal liability for
a crime defined in [subdivisions] SUBDIVISION five [and six hereof] OF
THIS SECTION. For purposes of this article, a person has criminal
liability when [(a)] he has been convicted of a post-conviction forfei-
ture crime[, or (b) the claiming authority proves by clear and convinc-
ing evidence that such person has committed an act in violation of arti-
cle two hundred twenty or section 221.30 or 221.55 of the penal law].
§ 43. Subdivision 13 of section 89-f of the general business law, as
added by chapter 336 of the laws of 1992, is amended to read as follows:
13. "Serious offense" shall mean any felony involving the offenses
enumerated in the closing paragraph of this subdivision; a criminal
solicitation of or a conspiracy to commit or an attempt to commit or a
criminal facilitation of a felony involving the offenses enumerated in
the closing paragraph of this subdivision, which criminal solicitation,
conspiracy, attempt or criminal facilitation itself constitutes a felony
or any offense in any other jurisdiction which if committed in this
state would constitute a felony; any offense in any other jurisdiction
which if committed in this state would constitute a felony provided that
for the purposes of this article, none of the following shall be consid-
ered criminal convictions or reported as such: (i) a conviction for
which an executive pardon has been issued pursuant to the executive law;
(ii) a conviction which has been vacated and replaced by a youthful
offender finding pursuant to article seven hundred twenty of the crimi-
nal procedure law, or the applicable provisions of law of any other
jurisdiction; or (iii) a conviction the records of which have been
sealed pursuant to the applicable provisions of the laws of this state
or of any other jurisdiction; and (iv) a conviction for which other
evidence of successful rehabilitation to remove the disability has been
issued.
Felonies involving: assault, aggravated assault and reckless endanger-
ment pursuant to article one hundred twenty; vehicular manslaughter,
manslaughter and murder pursuant to article one hundred twenty-five; sex
offenses pursuant to article one hundred thirty; unlawful imprisonment,
kidnapping or coercion pursuant to article one hundred thirty-five;
criminal trespass and burglary pursuant to article one hundred forty;
S. 3040--C 61
criminal mischief, criminal tampering and tampering with a consumer
product pursuant to article one hundred forty-five; arson pursuant to
article one hundred fifty; larceny and offenses involving theft pursuant
to article one hundred fifty-five; offenses involving computers pursuant
to article one hundred fifty-six; robbery pursuant to article one
hundred sixty; criminal possession of stolen property pursuant to arti-
cle one hundred sixty-five; forgery and related offenses pursuant to
article one hundred seventy; involving false written statements pursuant
to article one hundred seventy-five; commercial bribing and commercial
bribe receiving pursuant to article one hundred eighty; criminal imper-
sonation and scheme to defraud pursuant to article one hundred ninety;
bribery involving public servants and related offenses pursuant to arti-
cle two hundred; perjury and related offenses pursuant to article two
hundred ten; tampering with a witness, intimidating a victim or witness
and tampering with physical evidence pursuant to article two hundred
fifteen; criminal possession of a controlled substance pursuant to
sections 220.06, 220.09, 220.16, 220.18 and 220.21; criminal sale of a
controlled substance pursuant to sections 220.31, 220.34, 220.39,
220.41, 220.43 and 220.44; [criminal] UNLICENSED sale of [marijuana]
MARIHUANA IN THE FIRST DEGREE pursuant to [sections] SECTION 221.45[,
221.50 and 221.55]; riot in the first degree, aggravated harassment in
the first degree, criminal nuisance in the first degree and falsely
reporting an incident in the second or first degree pursuant to article
two hundred forty; and crimes against public safety pursuant to article
two hundred sixty-five of the penal law.
§ 44. Paragraph (f) of subdivision 2 of section 850 of the general
business law is REPEALED.
§ 45. Paragraph (h) of subdivision 2 of section 850 of the general
business law, as amended by chapter 812 of the laws of 1980, is amended
to read as follows:
(h) Objects, used or designed for the purpose of ingesting, inhaling,
or otherwise introducing [marihuana,] cocaine[, hashish, or hashish oil]
into the human body.
§ 46. Paragraph a of subdivision 4-a of section 165 of the state
finance law, as added by chapter 95 of the laws of 2000, is amended to
read as follows:
a. In order to advance specific economic goals, New York state
labelled wines, as defined in subdivision [twenty-a] TWENTY-J of section
three of the alcoholic beverage control law, shall have favored source
status for the purposes of procurement in accordance with the provisions
of this subdivision. Procurement of these New York state labelled wines
shall be exempt from the competitive procurement provisions of section
one hundred sixty-three of this article and other competitive procure-
ment statutes. Such exemption shall apply to New York state labelled
wines as defined in subdivision [twenty-a] TWENTY-J of section three of
the alcoholic beverage control law produced by a licensed winery as
defined in section seventy-six of the alcoholic beverage control law.
§ 47. Subdivision 7 of section 995 of the executive law, as amended by
chapter 19 of the laws of 2012, is amended to read as follows:
7. "Designated offender" means a person convicted of any felony
defined in any chapter of the laws of the state or any misdemeanor
defined in the penal law [except that where the person is convicted
under section 221.10 of the penal law, only a person convicted under
subdivision two of such section, or a person convicted under subdivision
one of such section who stands previously convicted of any crime as
defined in subdivision six of section 10.00 of the penal law].
S. 3040--C 62
§ 48. Paragraphs (b) and (c) of subdivision 7 of section 480.00 of the
penal law, paragraph (b) as amended by section 31 of part AAA of chapter
56 of the laws of 2009 and paragraph (c) as added by chapter 655 of the
laws of 1990, are amended to read as follows:
(b) three or more violations of any of the felonies defined in section
220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
220.43[,] OR 220.77[, or 221.55] of this chapter, which violations do
not constitute a single criminal offense as defined in subdivision one
of section 40.10 of the criminal procedure law, or a single criminal
transaction, as defined in paragraph (a) of subdivision two of section
40.10 of the criminal procedure law, and at least one of which resulted
in a conviction of such offense, or where the accusatory instrument
charges one or more of such felonies, conviction upon a plea of guilty
to a felony for which such plea is otherwise authorized by law; or
(c) a conviction of a person for a violation of section 220.09,
220.16, 220.34[,] OR 220.39[, or 221.30] of this chapter, or where the
accusatory instrument charges any such felony, conviction upon a plea of
guilty to a felony for which the plea is otherwise authorized by law,
together with evidence which: (i) provides substantial indicia that the
defendant used the real property to engage in a continual, ongoing
course of conduct involving the unlawful mixing, compounding, manufac-
turing, warehousing, or packaging of controlled substances [or where the
conviction is for a violation of section 221.30 of this chapter, mari-
juana] as part of an illegal trade or business for gain; and (ii) estab-
lishes, where the conviction is for possession of a controlled substance
[or where the conviction is for a violation of section 221.30 of this
chapter, marijuana], that such possession was with the intent to sell
it.
§ 49. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 368 of the laws of 2015, is
amended to read as follows:
(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16, 220.31, 220.34, 220.60, 220.65, [221.30, 221.50, 221.55,]
230.00, 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05,
235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of
section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
265.10, 265.12, 265.35 of the penal law or an attempt to commit any of
the aforesaid offenses under section 110.00 of the penal law, or any
similar offenses committed under a former section of the penal law, or
any offenses committed under a former section of the penal law which
would constitute violations of the aforesaid sections of the penal law,
or any offenses committed outside this state which would constitute
violations of the aforesaid sections of the penal law.
§ 50. The opening paragraph of paragraph (a) of subdivision 2 of
section 1194 of the vehicle and traffic law, as amended by chapter 196
of the laws of 1996, is amended to read as follows:
When authorized. Any person who operates a motor vehicle in this state
shall be deemed to have given consent to a chemical test of one or more
of the following: breath, blood, urine, or saliva, for the purpose of
determining the alcoholic and/or drug content, OTHER THAN MARIHUANA
S. 3040--C 63
CONTENT INCLUDING BUT NOT LIMITED TO TETRAHYDROCANNABINOL CONTENT, of
the blood provided that such test is administered by or at the direction
of a police officer with respect to a chemical test of breath, urine or
saliva or, with respect to a chemical test of blood, at the direction of
a police officer:
§ 51. Section 17 of the alcoholic beverage control law is amended by
adding a new subdivision 12 to read as follows:
12. TO DEVELOP AND ESTABLISH MINIMUM CRITERIA FOR ALCOHOL OR SUBSTANCE
USE DISORDER TRAINING AWARENESS PROGRAMS WHICH MAY BE GIVEN AND ADMINIS-
TERED BY SCHOOLS; OTHER ENTITIES INCLUDING TRADE ASSOCIATIONS WHOSE
MEMBERS ARE ENGAGED IN OR INVOLVED IN THE RETAIL SALE OF ALCOHOLIC
BEVERAGES; NATIONAL AND REGIONAL FRANCHISORS WHO HAVE GRANTED AT LEAST
FIVE FRANCHISES IN THE STATE WHICH ARE LICENSED TO SELL BEER AT RETAIL
FOR OFF-PREMISES CONSUMPTION; LICENSEES AUTHORIZED TO SELL ALCOHOLIC
BEVERAGES AT RETAIL FOR OFF-PREMISES CONSUMPTION OPERATING FIVE OR MORE
LICENSED PREMISES; AND PERSONS INTERESTED, WHETHER AS AN INDIVIDUAL
PROPRIETOR OR PARTNER OR OFFICER OR MEMBER OF A LIMITED LIABILITY COMPA-
NY, IN FIVE OR MORE LICENSEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT
RETAIL FOR OFF-PREMISES CONSUMPTION. THE AUTHORITY SHALL PROVIDE FOR THE
ISSUANCE OF CERTIFICATES OF APPROVAL TO ALL CERTIFIED ALCOHOL OR
SUBSTANCE USE DISORDER TRAINING AWARENESS PROGRAMS. CERTIFICATES OF
APPROVAL MAY BE REVOKED BY THE AUTHORITY FOR FAILURE TO ADHERE TO THE
AUTHORITY'S RULES AND REGULATIONS. SUCH RULES AND REGULATIONS SHALL
AFFORD THOSE WHO HAVE BEEN ISSUED A CERTIFICATE OF APPROVAL AN OPPORTU-
NITY FOR A HEARING PRIOR TO ANY DETERMINATION OF WHETHER SUCH CERTIF-
ICATE SHOULD BE REVOKED.
NO LICENSEE SHALL BE REQUIRED TO APPLY FOR ANY SUCH CERTIFICATE OR
RENEWAL CERTIFICATE AND THE LICENSEE MAY VOLUNTARILY SURRENDER SUCH A
CERTIFICATE OR RENEWAL CERTIFICATE AT ANY TIME. A FEE IN THE AMOUNT OF
NINE HUNDRED DOLLARS SHALL BE PAID TO THE AUTHORITY WITH EACH APPLICA-
TION FOR A CERTIFICATE OF APPROVAL OR RENEWAL CERTIFICATE. THE AUTHORI-
TY SHALL PROMPTLY REFUND SUCH FEE TO AN APPLICANT WHOSE APPLICATION WAS
DENIED. EACH CERTIFICATE OF APPROVAL AND RENEWAL THEREOF SHALL BE ISSUED
FOR A PERIOD OF THREE YEARS. TO EFFECTUATE THE PROVISIONS OF THIS SUBDI-
VISION, THE AUTHORITY IS EMPOWERED TO REQUIRE IN CONNECTION WITH AN
APPLICATION THE SUBMISSION OF SUCH INFORMATION AS THE AUTHORITY MAY
DIRECT; TO PRESCRIBE FORMS OF APPLICATIONS AND OF ALL REPORTS WHICH IT
DEEMS NECESSARY TO BE MADE BY ANY APPLICANT OR CERTIFICATE HOLDER; TO
CONDUCT INVESTIGATIONS; TO REQUIRE THE MAINTENANCE OF SUCH BOOKS AND
RECORDS AS THE AUTHORITY MAY DIRECT; AND TO REVOKE, CANCEL, OR SUSPEND
FOR CAUSE ANY CERTIFICATE PROVIDED FOR IN THIS SUBDIVISION. EACH ENTITY
AUTHORIZED TO GIVE AND ADMINISTER AN ALCOHOL OR SUBSTANCE USE DISORDER
TRAINING AWARENESS PROGRAM SHALL ISSUE CERTIFICATES OF COMPLETION TO ALL
LICENSEES AND EMPLOYEES WHO SUCCESSFULLY COMPLETE SUCH AN APPROVED ALCO-
HOL OR SUBSTANCE USE DISORDER TRAINING AWARENESS PROGRAM. SUCH ENTITY
SHALL REGULARLY TRANSMIT TO THE AUTHORITY THE NAMES, ADDRESSES AND DATES
OF ATTENDANCE OF ALL THE LICENSEES AND EMPLOYEES OF LICENSEES WHO
SUCCESSFULLY COMPLETE AN APPROVED ALCOHOL OR SUBSTANCE USE DISORDER
TRAINING AWARENESS PROGRAM. SUCH TRANSMITTAL SHALL BE IN A FORM AND
MANNER PRESCRIBED BY THE AUTHORITY. THE AUTHORITY SHALL ADOPT RULES AND
REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION, INCLUDING
THE MINIMUM REQUIREMENTS FOR THE CURRICULUM OF EACH SUCH TRAINING
PROGRAM AND THE REGULAR ONGOING TRAINING OF EMPLOYEES HOLDING CERTIF-
ICATES OF COMPLETION OR RENEWAL CERTIFICATES. SUCH RULES AND REGU-
LATIONS SHALL INCLUDE THE MINIMUM REQUIREMENTS FOR A SEPARATE CURRICULUM
FOR LICENSEES AND THEIR EMPLOYEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES
S. 3040--C 64
AT RETAIL FOR OFF-PREMISES CONSUMPTION, MINIMUM REQUIREMENTS FOR A SEPA-
RATE CURRICULUM FOR LICENSEES AND THEIR EMPLOYEES AUTHORIZED TO SELL
ALCOHOLIC BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION, AND THE FORM
OF A CERTIFICATE OF COMPLETION OR RENEWAL THEREOF TO BE ISSUED IN
RESPECT TO EACH SUCH TYPE OF PROGRAM. A CERTIFICATE OF COMPLETION OR
RENEWAL THEREOF ISSUED BY AN ENTITY AUTHORIZED TO GIVE AND ADMINISTER AN
ALCOHOL OR SUBSTANCE USE DISORDER TRAINING AWARENESS PROGRAM PURSUANT TO
THIS SUBDIVISION TO LICENSEES AND THEIR EMPLOYEES AUTHORIZED TO SELL
ALCOHOLIC BEVERAGES AT RETAIL FOR OFF-PREMISES CONSUMPTION SHALL NOT BE
INVALIDATED BY A CHANGE OF EMPLOYMENT TO ANOTHER SUCH LICENSEE. A
CERTIFICATE OF COMPLETION OR RENEWAL THEREOF ISSUED BY AN ENTITY AUTHOR-
IZED TO GIVE AND ADMINISTER AN ALCOHOL OR SUBSTANCE USE DISORDER TRAIN-
ING AWARENESS PROGRAM PURSUANT TO THIS SUBDIVISION TO LICENSEES AND
THEIR EMPLOYEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR
ON-PREMISES CONSUMPTION SHALL NOT BE INVALIDATED BY A CHANGE OF EMPLOY-
MENT TO ANOTHER SUCH LICENSEE. ATTENDANCE AT ANY COURSE ESTABLISHED
PURSUANT TO THIS SECTION SHALL BE IN PERSON, THROUGH DISTANCE LEARNING
METHODS, OR THROUGH AN INTERNET BASED ONLINE PROGRAM.
§ 52. Subdivision 12 of section 17 of the alcoholic beverage control
law, as amended by chapter 549 of the laws of 2001, the closing para-
graph as amended by chapter 435 of the laws of 2010, is amended to read
as follows:
12. To develop and establish minimum criteria for alcohol OR SUBSTANCE
USE DISORDER training awareness programs which may be given and adminis-
tered by schools; other entities including trade associations whose
members are engaged in or involved in the retail sale of alcoholic
beverages; national and regional franchisors who have granted at least
five franchises in the state which are licensed to sell beer at retail
for off-premises consumption; licensees authorized to sell alcoholic
beverages at retail for off-premises consumption operating five or more
licensed premises; and persons interested, whether as an individual
proprietor or partner or officer or member of a limited liability compa-
ny, in five or more licensees authorized to sell alcoholic beverages at
retail for off-premises consumption. The authority shall provide for the
issuance of certificates of approval to all certified alcohol OR
SUBSTANCE USE DISORDER training awareness programs. Certificates of
approval may be revoked by the authority for failure to adhere to the
authority's rules and regulations. Such rules and regulations shall
afford those who have been issued a certificate of approval an opportu-
nity for a hearing prior to any determination of whether such certif-
icate should be revoked.
No licensee shall be required to apply for any such certificate or
renewal certificate and the licensee may voluntarily surrender such a
certificate or renewal certificate at any time. A fee in the amount of
nine hundred dollars shall be paid to the authority with each applica-
tion for a certificate of approval or renewal certificate. The authority
shall promptly refund such fee to an applicant whose application was
denied. Each certificate of approval and renewal thereof shall be issued
for a period of three years. To effectuate the provisions of this subdi-
vision, the authority is empowered to require in connection with an
application the submission of such information as the authority may
direct; to prescribe forms of applications and of all reports which it
deems necessary to be made by any applicant or certificate holder; to
conduct investigations; to require the maintenance of such books and
records as the authority may direct; to revoke, cancel, or suspend for
cause any certificate provided for in this subdivision. Each entity
S. 3040--C 65
authorized to give and administer an alcohol OR SUBSTANCE USE DISORDER
training awareness program shall issue certificates of completion to all
licensees and employees who successfully complete such an approved alco-
hol OR SUBSTANCE USE DISORDER training awareness program. Such entity
shall regularly transmit to the authority the names, addresses and dates
of attendance of all the licensees and employees of licensees who
successfully complete an approved alcohol OR SUBSTANCE USE DISORDER
training awareness program. Such transmittal shall be in a form and
manner prescribed by the authority. The authority shall adopt rules and
regulations to effectuate the provisions of this subdivision, including
the minimum requirements for the curriculum of each such training
program and the regular ongoing training of employees holding certif-
icates of completion or renewal certificates. Such rules and regulations
shall include the minimum requirements for a separate curriculum for
licensees and their employees authorized to sell alcoholic beverages at
retail for off-premises consumption, minimum requirements for a separate
curriculum for licensees and their employees authorized to sell alcohol-
ic beverages at retail for on-premises consumption, and the form of a
certificate of completion or renewal thereof to be issued in respect to
each such type of program. A certificate of completion or renewal there-
of issued by an entity authorized to give and administer an alcohol OR
SUBSTANCE USE DISORDER training awareness program pursuant to this
subdivision to licensees and their employees authorized to sell alcohol-
ic beverages at retail for off-premises consumption shall not be invali-
dated by a change of employment to another such licensee. A certificate
of completion or renewal thereof issued by an entity authorized to give
and administer an alcohol OR SUBSTANCE USE DISORDER training awareness
program pursuant to this subdivision to licensees and their employees
authorized to sell alcoholic beverages at retail for on-premises
consumption shall not be invalidated by a change of employment to anoth-
er such licensee. Attendance at any course established pursuant to this
section shall be in person, through distance learning methods, or
through an internet based online program.
§ 53. Subdivision 10 of section 18 of the alcoholic beverage control
law, as amended by chapter 118 of the laws of 2012, is amended to read
as follows:
10. To develop and establish minimum criteria for alcohol OR SUBSTANCE
USE DISORDER training awareness programs which may be given and adminis-
tered by schools; other entities including trade associations whose
members are engaged in or involved in the retail sale of alcoholic
beverages; national and regional franchisors who have granted at least
five franchises in the state which are licensed to sell beer at retail
for off-premises consumption; licensees authorized to sell alcoholic
beverages at retail for off-premises consumption operating five or more
licensed premises; and persons interested, whether as an individual
proprietor or partner or officer or member of a limited liability compa-
ny, in five or more licensees authorized to sell alcoholic beverages at
retail for off-premises consumption. The authority shall provide for the
issuance of certificates of approval to all certified alcohol OR
SUBSTANCE USE DISORDER training awareness programs. Certificates of
approval may be revoked by the authority for failure to adhere to the
authority's rules and regulations. Such rules and regulations shall
afford those who have been issued a certificate of approval an opportu-
nity for a hearing prior to any determination of whether such certif-
icate should be revoked.
S. 3040--C 66
No licensee shall be required to apply for any such certificate or
renewal certificate and the licensee may voluntarily surrender such a
certificate or renewal certificate at any time. A fee in the amount of
nine hundred dollars shall be paid to the authority with each applica-
tion for a certificate of approval or renewal certificate. The authority
shall promptly refund such fee to an applicant whose application was
denied. Each certificate of approval and renewal thereof shall be issued
for a period of three years. To effectuate the provisions of this subdi-
vision, the authority is empowered to require in connection with an
application the submission of such information as the authority may
direct; to prescribe forms of applications and of all reports which it
deems necessary to be made by any applicant or certificate holder; to
conduct investigations; to require the maintenance of such books and
records as the authority may direct; to revoke, cancel, or suspend for
cause any certificate provided for in this subdivision. Each entity
authorized to give and administer an alcohol OR SUBSTANCE USE DISORDER
training awareness program shall issue certificates of completion to all
licensees and employees who successfully complete such an approved alco-
hol OR SUBSTANCE USE DISORDER training awareness program. Such entity
shall regularly transmit to the authority the names, addresses and dates
of attendance of all the licensees and employees of licensees who
successfully complete an approved alcohol OR SUBSTANCE USE DISORDER
training awareness program. Such transmittal shall be in a form and
manner prescribed by the authority. The authority shall adopt rules and
regulations to effectuate the provisions of this subdivision, including
the minimum requirements for the curriculum of each such training
program and the regular ongoing training of employees holding certif-
icates of completion or renewal certificates. Such rules and regulations
shall include the minimum requirements for a separate curriculum for
licensees and their employees authorized to sell alcoholic beverages at
retail for off-premises consumption, minimum requirements for a separate
curriculum for licensees and their employees authorized to sell alcohol-
ic beverages at retail for on-premises consumption, and the form of a
certificate of completion or renewal thereof to be issued in respect to
each such type of program. A certificate of completion or renewal there-
of issued by an entity authorized to give and administer an alcohol OR
SUBSTANCE USE DISORDER training awareness program pursuant to this
subdivision to licensees and their employees authorized to sell alcohol-
ic beverages at retail for off-premises consumption shall not be invali-
dated by a change of employment to another such licensee. A certificate
of completion or renewal thereof issued by an entity authorized to give
and administer an alcohol OR SUBSTANCE USE DISORDER training awareness
program pursuant to this subdivision to licensees and their employees
authorized to sell alcoholic beverages at retail for on-premises
consumption shall not be invalidated by a change of employment to anoth-
er such licensee. Attendance at any course established pursuant to this
section shall be in person, through distance learning methods, or
through an internet based online program.
§ 54. Section 18 of the alcoholic beverage control law, as added by
chapter 83 of the laws of 1995, is amended by adding a new subdivision
10 to read as follows:
10. TO DEVELOP AND ESTABLISH MINIMUM CRITERIA FOR ALCOHOL OR SUBSTANCE
USE DISORDER TRAINING AWARENESS PROGRAMS WHICH MAY BE GIVEN AND ADMINIS-
TERED BY SCHOOLS; OTHER ENTITIES INCLUDING TRADE ASSOCIATIONS WHOSE
MEMBERS ARE ENGAGED IN OR INVOLVED IN THE RETAIL SALE OF ALCOHOLIC
BEVERAGES; NATIONAL AND REGIONAL FRANCHISORS WHO HAVE GRANTED AT LEAST
S. 3040--C 67
FIVE FRANCHISES IN THE STATE WHICH ARE LICENSED TO SELL BEER AT RETAIL
FOR OFF-PREMISES CONSUMPTION; LICENSEES AUTHORIZED TO SELL ALCOHOLIC
BEVERAGES AT RETAIL FOR OFF-PREMISES CONSUMPTION OPERATING FIVE OR MORE
LICENSED PREMISES; AND PERSONS INTERESTED, WHETHER AS AN INDIVIDUAL
PROPRIETOR OR PARTNER OR OFFICER OR MEMBER OF A LIMITED LIABILITY COMPA-
NY, IN FIVE OR MORE LICENSEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT
RETAIL FOR OFF-PREMISES CONSUMPTION. THE AUTHORITY SHALL PROVIDE FOR THE
ISSUANCE OF CERTIFICATES OF APPROVAL TO ALL CERTIFIED ALCOHOL OR
SUBSTANCE USE DISORDER TRAINING AWARENESS PROGRAMS. CERTIFICATES OF
APPROVAL MAY BE REVOKED BY THE AUTHORITY FOR FAILURE TO ADHERE TO THE
AUTHORITY'S RULES AND REGULATIONS. SUCH RULES AND REGULATIONS SHALL
AFFORD THOSE WHO HAVE BEEN ISSUED A CERTIFICATE OF APPROVAL AN OPPORTU-
NITY FOR A HEARING PRIOR TO ANY DETERMINATION OF WHETHER SUCH CERTIF-
ICATE SHOULD BE REVOKED.
NO LICENSEE SHALL BE REQUIRED TO APPLY FOR ANY SUCH CERTIFICATE OR
RENEWAL CERTIFICATE AND THE LICENSEE MAY VOLUNTARILY SURRENDER SUCH A
CERTIFICATE OR RENEWAL CERTIFICATE AT ANY TIME. A FEE IN THE AMOUNT OF
NINE HUNDRED DOLLARS SHALL BE PAID TO THE AUTHORITY WITH EACH APPLICA-
TION FOR A CERTIFICATE OF APPROVAL OR RENEWAL CERTIFICATE. THE AUTHORITY
SHALL PROMPTLY REFUND SUCH FEE TO AN APPLICANT WHOSE APPLICATION WAS
DENIED. EACH CERTIFICATE OF APPROVAL AND RENEWAL THEREOF SHALL BE ISSUED
FOR A PERIOD OF THREE YEARS. TO EFFECTUATE THE PROVISIONS OF THIS SUBDI-
VISION, THE AUTHORITY IS EMPOWERED TO REQUIRE IN CONNECTION WITH AN
APPLICATION THE SUBMISSION OF SUCH INFORMATION AS THE AUTHORITY MAY
DIRECT; TO PRESCRIBE FORMS OF APPLICATIONS AND OF ALL REPORTS WHICH IT
DEEMS NECESSARY TO BE MADE BY ANY APPLICANT OR CERTIFICATE HOLDER; TO
CONDUCT INVESTIGATIONS; TO REQUIRE THE MAINTENANCE OF SUCH BOOKS AND
RECORDS AS THE AUTHORITY MAY DIRECT; TO REVOKE, CANCEL, OR SUSPEND FOR
CAUSE ANY CERTIFICATE PROVIDED FOR IN THIS SUBDIVISION. EACH ENTITY
AUTHORIZED TO GIVE AND ADMINISTER AN ALCOHOL OR SUBSTANCE USE DISORDER
TRAINING AWARENESS PROGRAM SHALL ISSUE CERTIFICATES OF COMPLETION TO ALL
LICENSEES AND EMPLOYEES WHO SUCCESSFULLY COMPLETE SUCH AN APPROVED ALCO-
HOL OR SUBSTANCE USE DISORDER TRAINING AWARENESS PROGRAM. SUCH ENTITY
SHALL REGULARLY TRANSMIT TO THE AUTHORITY THE NAMES, ADDRESSES AND DATES
OF ATTENDANCE OF ALL THE LICENSEES AND EMPLOYEES OF LICENSEES WHO
SUCCESSFULLY COMPLETE AN APPROVED ALCOHOL OR SUBSTANCE USE DISORDER
TRAINING AWARENESS PROGRAM. SUCH TRANSMITTAL SHALL BE IN A FORM AND
MANNER PRESCRIBED BY THE AUTHORITY. THE AUTHORITY SHALL ADOPT RULES AND
REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION, INCLUDING
THE MINIMUM REQUIREMENTS FOR THE CURRICULUM OF EACH SUCH TRAINING
PROGRAM AND THE REGULAR ONGOING TRAINING OF EMPLOYEES HOLDING CERTIF-
ICATES OF COMPLETION OR RENEWAL CERTIFICATES. SUCH RULES AND REGULATIONS
SHALL INCLUDE THE MINIMUM REQUIREMENTS FOR A SEPARATE CURRICULUM FOR
LICENSEES AND THEIR EMPLOYEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT
RETAIL FOR OFF-PREMISES CONSUMPTION, MINIMUM REQUIREMENTS FOR A SEPARATE
CURRICULUM FOR LICENSEES AND THEIR EMPLOYEES AUTHORIZED TO SELL ALCOHOL-
IC BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION, AND THE FORM OF A
CERTIFICATE OF COMPLETION OR RENEWAL THEREOF TO BE ISSUED IN RESPECT TO
EACH SUCH TYPE OF PROGRAM. A CERTIFICATE OF COMPLETION OR RENEWAL THERE-
OF ISSUED BY AN ENTITY AUTHORIZED TO GIVE AND ADMINISTER AN ALCOHOL OR
SUBSTANCE USE DISORDER TRAINING AWARENESS PROGRAM PURSUANT TO THIS
SUBDIVISION TO LICENSEES AND THEIR EMPLOYEES AUTHORIZED TO SELL ALCOHOL-
IC BEVERAGES AT RETAIL FOR OFF-PREMISES CONSUMPTION SHALL NOT BE INVALI-
DATED BY A CHANGE OF EMPLOYMENT TO ANOTHER SUCH LICENSEE. A CERTIFICATE
OF COMPLETION OR RENEWAL THEREOF ISSUED BY AN ENTITY AUTHORIZED TO GIVE
AND ADMINISTER AN ALCOHOL OR SUBSTANCE USE DISORDER TRAINING AWARENESS
S. 3040--C 68
PROGRAM PURSUANT TO THIS SUBDIVISION TO LICENSEES AND THEIR EMPLOYEES
AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR ON-PREMISES
CONSUMPTION SHALL NOT BE INVALIDATED BY A CHANGE OF EMPLOYMENT TO ANOTH-
ER SUCH LICENSEE. ATTENDANCE AT ANY COURSE ESTABLISHED PURSUANT TO THIS
SECTION SHALL BE IN PERSON, THROUGH DISTANCE LEARNING METHODS, OR
THROUGH AN INTERNET BASED ONLINE PROGRAM.
§ 55. Section 150.75 of the criminal procedure law is REPEALED.
§ 56. Subdivision (a) of section 712 of the family court act, as
amended by section 7 of part G of chapter 58 of the laws of 2010, is
amended to read as follows:
(a) "Person in need of supervision". A person less than eighteen years
of age who does not attend school in accordance with the provisions of
part one of article sixty-five of the education law or who is incorrigi-
ble, ungovernable or habitually disobedient and beyond the lawful
control of a parent or other person legally responsible for such child's
care, or other lawful authority, or who violates the provisions of
section [221.05 or] 230.00 of the penal law, or who appears to be a
sexually exploited child as defined in paragraph (a), (c) or (d) of
subdivision one of section four hundred forty-seven-a of the social
services law, but only if the child consents to the filing of a petition
under this article.
§ 57. The state finance law is amended by adding a new section 99-ii
to read as follows:
§ 99-II. MARIHUANA MICROBUSINESS AND MARIHUANA LICENSE REVOLVING LOAN
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMP-
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN
AS THE MARIHUANA MICROBUSINESS AND MARIHUANA LICENSE REVOLVING LOAN
FUND.
2. THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
ALL MONIES TRANSFERRED TO SUCH FUND PURSUANT TO LAW AND ALL MONIES
REQUIRED BY THE PROVISIONS OF THIS SECTION OR ANY OTHER LAW TO BE PAID
INTO OR CREDITED TO THIS FUND, INCLUDING ALL MONIES RECEIVED BY THE FUND
OR DONATED TO IT. MONIES IN THE FUND SHALL BE KEPT SEPARATE AND SHALL
NOT BE COMMINGLED WITH ANY OTHER MONIES OTHERWISE APPROPRIATED OR
RECEIVED EXCEPT AS HEREBY PROVIDED.
3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE AVAILABLE TO THE
BUREAU OF MARIHUANA POLICY FOR THE PURPOSE OF PROVIDING LOW INTEREST
LOANS TO INDIVIDUALS AND BUSINESSES INTERESTED IN ESTABLISHING A MARI-
HUANA MICROBUSINESS OR OTHERWISE OBTAINING A LICENSE AVAILABLE FROM THE
BUREAU OF MARIHUANA POLICY AND PARTICIPATING IN THE MARIHUANA INDUSTRY.
4. THE BUREAU OF MARIHUANA POLICY SHALL ESTABLISH THROUGH RULES AND
REGULATIONS GUIDELINES NECESSARY TO ADMINISTER THE FUND. GUIDELINES
SHALL INCLUDE, BUT NOT BE LIMITED TO: QUALIFICATIONS AND CONDITIONS FOR
ASSISTANCE; TERMS OF LOAN OR INSTALLMENT PAYMENTS AND FINANCE CHARGES ON
INSTALLMENT PAYMENTS AT RATES OF INTEREST WHICH, NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, ARE OF THE LOWEST RATE POSSIBLE TO MAINTAIN THE
FUND; PRIORITIZE LOANS TO PROMOTE RACIAL, ETHNIC, AND GENDER DIVERSITY
IN LICENSES FOR MARIHUANA RELATED ACTIVITIES; AND ANY OTHER TERMS AND
CONDITIONS THE BUREAU MAY REQUIRE AS NECESSARY TO PROPERLY EFFECTUATE
THE PROVISIONS OF THIS SECTION.
5. THE BUREAU OF MARIHUANA POLICY SHALL MAKE PUBLIC BY SEPTEMBER FIRST
OF EACH YEAR A REPORT INCLUDING, BUT NOT LIMITED TO: THE CURRENT GUIDE-
LINES OF THE FUND; A COMPLETE FINANCIAL STATEMENT INCLUDING, BUT NOT
LIMITED TO, MONIES ALLOCATED, COLLECTED, TRANSFERRED OR OTHERWISE PAID
OR CREDITED TO THE FUND; A PROJECTED SCHEDULE OF DISBURSEMENTS, RECEIPTS
S. 3040--C 69
AND NEEDS OF THE FUND FOR THE NEXT FISCAL YEAR; AND THE NAMES AND BUSI-
NESS ADDRESSES OF EACH CURRENT LOAN RECIPIENT.
6. NO MONIES SHALL BE PAYABLE FROM THIS FUND, EXCEPT ON THE AUDIT AND
WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED AND SUBMITTED BY THE
BUREAU OF MARIHUANA POLICY.
§ 58. Appropriation. The sum of five million dollars ($5,000,000) is
hereby appropriated to the New York State Liquor Authority out of any
moneys in the state treasury in the general fund to the credit of the
state purposes account, not otherwise appropriated, and made immediately
available, for the purpose of carrying out the provisions of this act.
Such moneys shall be payable on the audit and warrant of the comptroller
on vouchers certified or approved by the superintendent or the chairman
of the New York State Liquor Authority in the manner prescribed by law.
§ 59. Severability. If any provision or term of this act is for any
reason declared unconstitutional or invalid or ineffective by any court
of competent jurisdiction, such decision shall not affect the validity
of the effectiveness of the remaining portions of this act or any part
thereof.
§ 60. This act shall take effect immediately; provided, however, that
the amendments to section 17 of the alcoholic beverage control law made
by section fifty-one of this act shall not affect the expiration and
reversion of such section and shall expire and be deemed repealed there-
with, when upon such date the provisions of section fifty-two of this
act shall take effect; provided further, however, that the amendments to
section 18 of the alcoholic beverage control law made by section fifty-
three of this act shall not affect the expiration and reversion of such
section and shall expire and be deemed repealed therewith, when upon
such date the provisions of section fifty-four of this act shall take
effect.
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