NY State Senate Bill 2021-S7266

Archive: Last Bill Status - In Senate Committee Codes 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jun 28, 2021	referred to rules

2021-S7266 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Cannabis Law
Laws Affected:: Amd §132, Cannabis L; amd §§222.05, 222.25, 222.30, 222.35, 222.40, 222.50, 222.55, 222.60 & 222.65, Pen L; amd §440.46-a, CP L
Versions Introduced in 2023-2024 Legislative Session:: S2772

2021-S7266 (ACTIVE) - Summary

Relates to unlawful possession and sale of cannabis; provides for a civil penalty for possession of three ounces or less of cannabis or cannabis products by persons under the age of twenty-one; provides for criminal penalties for the possession and sale of preparations, compounds, mixtures or substances containing cannabis and concentrated cannabis of certain aggregate weights.

2021-S7266 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7266

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the cannabis law, the penal law, and the criminal proce-
dure law, in relation to unlawful possession and sale of cannabis

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill makes technical corrections to subdivision 4 of
section 132 of the cannabis law regarding possession of cannabis by a
minor

Section two of the bill makes a technical correction to subdivision 3 or
section 222.05 of the penal law regarding reasonable evidence to believe
a crime was committed related to personal use of cannabis

Sections three though ten of the bill make technical corrections the
penal law provisions regarding unlawful or criminal possession or sale
of cannabis

Section eleven of the bill makes a technical correction to a cross
reference in subdivision two of section 440.46-a of the criminal proce-
dure law

 
JUSTIFICATION:

This legislation makes technical corrections to S854a, the Marihuana
Regulation and Taxation Act. The legislation is necessary to clarify
that cannabis law penalties for minors possessing cannabis apply only in
cases of possession below the legal limit for cannabis possession, and
that possession of amounts above the, legal limit are subject to penal
law provisions regarding possession. It corrects language regarding
possession of multiple containers of cannabis not being evidence of a
crime if amount of cannabis is within the legal limit.  It also clari-
fies provisions that weight amounts for unlawful or criminal possession
or sale of cannabis are in the aggregate.  Finally, it corrects a cross-
reference in the criminal procedure law regarding motions to resentence
in certain marihuana related offenses.

 
PRIOR LEGISLATIVE HISTORY:

none

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after March 31, 2021.

2021-S7266 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7266
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 28, 2021
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the cannabis law, the penal law, and the criminal proce-
   dure law, in relation to unlawful possession and sale of cannabis
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening paragraph of subdivision 4 of section 132 of
 the cannabis law is amended to read as follows:
   Any person under the age of twenty-one found to be  in  possession  of
 THREE  OUNCES  OR  LESS  OF  cannabis  or cannabis products who is not a
 certified patient pursuant to article three of this chapter shall be  in
 violation of this chapter and shall be subject to the following penalty:
   §  2.  Paragraph  (d)  of subdivision 3 of section 222.05 of the penal
 law, as added by chapter 92 of the laws of 2021, is amended to  read  as
 follows:
   (d)  the possession of multiple containers of cannabis OR CONCENTRATED
 CANNABIS without evidence of [concentrated cannabis] POSSESSION in  MORE
 THAN the amounts authorized in this article;
   §  3.  The first undesignated paragraph of section 222.25 of the penal
 law, as added by chapter 92 of the laws of 2021, is amended to  read  as
 follows:
   A  person  is guilty of unlawful possession of cannabis when he or she
 knowingly and unlawfully possesses ONE OR MORE PREPARATIONS,  COMPOUNDS,
 MIXTURES  OR  SUBSTANCES  CONTAINING cannabis and [such cannabis weighs]
 SAID PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE
 WEIGHT OF more than three  ounces  or  concentrated  cannabis  and  such
 concentrated  cannabis  [weighs]  HAS  AN  AGGREGATE WEIGHT OF more than
 twenty-four grams.
   § 4. Subdivisions 1 and 2 of section 222.30 of the penal law, as added
 by chapter 92 of the laws of 2021, are amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11775-01-1

 S. 7266                             2
 
   1.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  cannabis  and  [such  cannabis  weighs]  SAID  PREPARATIONS,
 COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN  AGGREGATE  WEIGHT  OF  more
 than sixteen ounces; or
   2.  concentrated  cannabis and such concentrated cannabis [weighs] HAS
 AN AGGREGATE WEIGHT OF more than five ounces.
   § 5. Subdivisions 1 and 2 of section 222.35 of the penal law, as added
 by chapter 92 of the laws of 2021, are amended to read as follows:
   1.   ONE OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  cannabis  and  [such  cannabis  weighs]  SAID  PREPARATIONS,
 COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN  AGGREGATE  WEIGHT  OF  more
 than five pounds; or
   2.  concentrated  cannabis and such concentrated cannabis [weighs] HAS
 AN AGGREGATE WEIGHT OF more than two pounds.
   § 6. Subdivisions 1 and 2 of section 222.40 of the penal law, as added
 by chapter 92 of the laws of 2021, are amended to read as follows:
   1.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  cannabis  and  [such  cannabis  weighs]  SAID  PREPARATIONS,
 COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN  AGGREGATE  WEIGHT  OF  more
 than ten pounds; or
   2.  concentrated  cannabis and such concentrated cannabis [weighs] HAS
 AN AGGREGATE WEIGHT OF  more than four pounds.
   § 7. Subdivisions 1 and 2 of section 222.50 of the penal law, as added
 by chapter 92 of the laws of 2021, are amended to read as follows:
   1. he or she knowingly and unlawfully sells ONE OR more  PREPARATIONS,
 COMPOUNDS,  MIXTURES OR SUBSTANCES CONTAINING CANNABIS AND SAID PREPARA-
 TIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE  WEIGHT  OF
 MORE  than  three  ounces [of cannabis] or CONCENTRATED CANNABIS WITH AN
 AGGREGATE WEIGHT OF more than twenty-four grams [of concentrated  canna-
 bis]; or
   2.  being  twenty-one  years  of age or older, he or she knowingly and
 unlawfully sells or gives, or causes to be given or  sold,  cannabis  or
 concentrated cannabis to [a] ANOTHER person AND THAT PERSON IS less than
 twenty-one  years  of  age;  except  that  in any prosecution under this
 subdivision, it is a defense that the  defendant  was  less  than  three
 years  older  than the person under the age of twenty-one at the time of
 the offense. This subdivision shall not apply to designated  caregivers,
 practitioners,  employees of a registered organization or employees of a
 designated caregiver facility acting in compliance with article three of
 the cannabis law.
   § 8. Subdivisions 1 and 2 of section 222.55 of the penal law, as added
 by chapter 92 of the laws of 2021, are amended to read as follows:
   1. he or she knowingly and unlawfully sells ONE OR more  PREPARATIONS,
 COMPOUNDS,  MIXTURES OR SUBSTANCES CONTAINING CANNABIS AND SAID PREPARA-
 TIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE  WEIGHT  OF
 MORE  than sixteen ounces [of cannabis] or CONCENTRATED CANNABIS WITH AN
 AGGREGATE WEIGHT OF more than five ounces [of concentrated cannabis]; or
   2. being twenty-one years of age or older, he  or  she  knowingly  and
 unlawfully  sells  or  gives, or causes to be given or sold, ONE OR more
 PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES CONTAINING CANNABIS  AND
 SAID PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE
 WEIGHT  OF MORE than three ounces [of cannabis] or CONCENTRATED CANNABIS
 WITH AN AGGREGATE WEIGHT OF more than twenty-four grams [of concentrated
 cannabis] to [a] ANOTHER person AND THAT PERSON IS  less  than  eighteen
 years of age. This subdivision shall not apply to designated caregivers,
 practitioners,  employees of a registered organization or employees of a

 S. 7266                             3
 
 designated caregiver facility acting in compliance with article three of
 the cannabis law.
   §  9.  The first undesignated paragraph of section 222.60 of the penal
 law, as added by chapter 92 of the laws of 2021, is amended to  read  as
 follows:
   A  person  is  guilty of criminal sale of cannabis in the first degree
 when he or she knowingly and unlawfully sells ONE OR more  PREPARATIONS,
 COMPOUNDS,  MIXTURES OR SUBSTANCES CONTAINING CANNABIS AND SAID PREPARA-
 TIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE  WEIGHT  OF
 MORE  than  five  pounds  [of cannabis] or CONCENTRATED CANNABIS WITH AN
 AGGREGATE WEIGHT OF more than two pounds [of concentrated cannabis].
   § 10. The first undesignated paragraph of section 222.65 of the  penal
 law,  as  added by chapter 92 of the laws of 2021, is amended to read as
 follows:
   A person is guilty of aggravated criminal sale of cannabis when he  or
 she  knowingly and unlawfully sells ONE OR MORE PREPARATIONS, COMPOUNDS,
 MIXTURES OR SUBSTANCES CONTAINING  cannabis  [or  concentrated  cannabis
 weighing]  AND  SAID PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE
 OF AN AGGREGATE WEIGHT OF one hundred pounds  or  more  OR  CONCENTRATED
 CANNABIS WITH AN AGGREGATE WEIGHT OF ONE HUNDRED POUNDS OR MORE.
   §  11.  Subparagraph (ii) of paragraph (b) of subdivision 2 of section
 440.46-a of the criminal procedure law, as added by chapter  92  of  the
 laws of 2021, is amended to read as follows:
   (ii)  If the petition meets the criteria in subparagraph [(i)] (II) of
 paragraph (a) of this subdivision, the court after affording the parties
 an opportunity to be heard and present evidence, may substitute,  unless
 it  is  not  in  the  interests of justice to do so, a conviction for an
 appropriate lesser offense under article two hundred twenty-two  of  the
 penal law.
   §  12.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 31, 2021.

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Senate Bill S7266

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S7266 (ACTIVE) - Details

2021-S7266 (ACTIVE) - Summary

2021-S7266 (ACTIVE) - Sponsor Memo

2021-S7266 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7266

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S7266 (ACTIVE) - Details

2021-S7266 (ACTIVE) - Summary

2021-S7266 (ACTIVE) - Sponsor Memo

2021-S7266 (ACTIVE) - Bill Text download pdf

Comments