S T A T E O F N E W Y O R K
________________________________________________________________________
4618
2023-2024 Regular Sessions
I N A S S E M B L Y
February 17, 2023
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Codes
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.
LBD07443-01-3
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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
A. 4618 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.