S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3281
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN, ZEBROWSKI, THIELE, SIMON, SEAWRIGHT,
   BUTTENSCHON,  CONRAD,  FAHY,  GUNTHER,  MAGNARELLI,  McMAHON,   STERN,
   STIRPE, WALLACE, WOERNER -- read once and referred to the Committee on
   Economic Development
 
 AN ACT to amend the cannabis law, in relation to establishing additional
   penalties for the unlawful sale of cannabis
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 132 of the cannabis law is amended by adding a  new
 subdivision 7 to read as follows:
   7.  (A)  IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL PENALTIES THAT MAY
 APPLY, ANY FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION, OR RETAILER,  AS
 DEFINED  IN  SECTION  THREE  OF THIS CHAPTER, DOING BUSINESS AS A RETAIL
 DISPENSARY WITHOUT A PROPER LICENSE OR WHILE UNDER SUSPENSION OR REVOCA-
 TION, OR IN VIOLATION OF AN  ORDER  DIRECTING  CESSATION  OF  UNLICENSED
 RETAIL  DISPENSING  ISSUED BY THE OFFICE OF CANNABIS MANAGEMENT PURSUANT
 TO ARTICLE FOUR OF THIS CHAPTER OR A LOCAL POLICE DEPARTMENT IS  SUBJECT
 TO  A CIVIL PENALTY OF NOT LESS THAN TWENTY-FIVE HUNDRED DOLLARS FOR THE
 FIRST VIOLATION, FIVE THOUSAND DOLLARS FOR A SECOND SUCH VIOLATION,  AND
 A  CLAIMING  AUTHORITY MAY DIRECT A CLAIMING AGENT TO LEVY UPON PROPERTY
 BY SEIZURE FOR A THIRD SUCH  VIOLATION  AND  ANY  SUBSEQUENT  VIOLATION.
 BEFORE SEIZURE, THE CLAIMING AUTHORITY SHALL GIVE THE FIRM, PARTNERSHIP,
 ASSOCIATION, CORPORATION, OR RETAILER TEN DAYS' NOTICE IN WRITING, TO BE
 SERVED  IN  A MANNER CONSISTENT WITH ARTICLE THREE OF THE CIVIL PRACTICE
 LAW AND RULES, OF A HEARING  FOR  THE  FIRM,  PARTNERSHIP,  ASSOCIATION,
 CORPORATION,  OR  RETAILER TO SHOW CAUSE WHY SUCH PROPERTY SHOULD NOT BE
 SEIZED. FOLLOWING SUCH HEARING, THE CLAIMING AUTHORITY  SHALL  RENDER  A
 DECISION  IN  WRITING AND FILE WITH THE OFFICE, AND A COPY THEREOF SHALL
 BE SERVED PERSONALLY OR BY MAIL TO THE FIRM,  PARTNERSHIP,  ASSOCIATION,
 CORPORATION,  OR RETAILER. THE DECISION SHALL BE SUBJECT TO REVIEW UNDER
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE  LAW  AND  RULES  INSTITUTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02092-01-3
              

 A. 3281                             2
 
 WITHIN THIRTY DAYS AFTER RECEIPT OF THE CLAIMING AUTHORITY'S DECISION BY
 THE  FIRM,  PARTNERSHIP, ASSOCIATION, CORPORATION, OR RETAILER.  FOR THE
 PURPOSES OF THIS SUBDIVISION, AN ENTITY IS "DOING BUSINESS AS  A  RETAIL
 DISPENSARY"  WHEN UNLICENSED ADULT USE CANNABIS IS SOLD OR OFFERED TO BE
 SOLD TO MULTIPLE PERSONS FROM THE SAME PREMISES ON MORE THAN ONE DAY AND
 AFTER NOTICE TO CEASE AND DESIST HAS BEEN GIVEN BY THE OFFICE OF  CANNA-
 BIS MANAGEMENT OR A LOCAL POLICE DEPARTMENT.
   (B)  FOR  PURPOSES  OF THIS SUBDIVISION, A "CLAIMING AUTHORITY" MAY BE
 EITHER THE OFFICE OF CANNABIS MANAGEMENT OR THE APPROPRIATE LOCAL COUNTY
 ATTORNEY OR CORPORATION COUNSEL UPON CONSENT OF THE OFFICE  OF  CANNABIS
 MANAGEMENT.  A  "CLAIMING AGENT" MEANS ALL PERSONS DESCRIBED IN SUBDIVI-
 SION THIRTY-FOUR OF SECTION 1.20 OF  THE  CRIMINAL  PROCEDURE  LAW,  AND
 SHERIFFS, UNDERSHERIFFS, AND DEPUTY SHERIFFS OF COUNTIES WITHIN THE CITY
 OF  NEW  YORK  ACTING  UPON  DIRECTION OF A CLAIMING AUTHORITY. PROPERTY
 SUBJECT TO SEIZURE INCLUDES CANNABIS KEPT OR MAINTAINED AT THE  LOCATION
 OF  RETAIL  DISPENSING  AND  ANY PROPERTY WHICH CONTRIBUTES DIRECTLY AND
 MATERIALLY TO UNLAWFUL RETAIL SALE OF CANNABIS. NOTHING IN THIS SUBDIVI-
 SION SHALL PREVENT THE IMMEDIATE SEIZURE OF ILLICIT CANNABIS  AS  OTHER-
 WISE AUTHORIZED BY LAW.
   § 2. This act shall take effect immediately.