S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6094
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by  M. of A. J. A. GIGLIO, BARCLAY -- read once and referred
   to the Committee on Economic Development
 
 AN ACT to amend the cannabis law, in  relation  to  warnings  on  retail
   packaging  of adult-use cannabis products; and to amend the penal law,
   in relation to criminalizing certain violations of restrictions on the
   sale of adult-use cannabis
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 2, 3 and 7 of section 81 of the cannabis law
 are amended to read as follows:
   2. Such regulations shall include, but not be  limited  to,  requiring
 that:
   (a)  packaging  meets  OR  EXCEEDS requirements similar to the federal
 "poison prevention packaging act of 1970," 15 U.S.C. Sec 1471 et seq.;
   (b) prior to delivery or sale at a  retailer,  cannabis  and  cannabis
 products  shall  be  labeled  according  to  regulations and placed in a
 resealable, child-resistant package ACCOMPANIED BY CONSPICUOUS  WARNINGS
 IN  LARGE,  BOLD-FACE,  LEGIBLE,  UNOBSCURED, AND VISIBLE FONT CONTAINED
 EITHER ON THE RETAIL PACKAGING, OR IF A MARKETING  LAYER  IS  USED,  THE
 MARKETING  LAYER;  AND THE MAJORITY OF SAID PACKAGE SHALL DEPICT THAT IT
 IS A CANNABIS PRODUCT,  INCLUDING  UNCONVENTIONAL  METHODS  OF  ADMINIS-
 TRATION OR INGESTION OR EDIBLE CONSUMPTION OF CANNABIS PRODUCTS; and
   (c)  packages,  labels,  shapes  and  products shall not be made to be
 attractive to or target persons under the age of twenty-one.
   3. Such regulations shall include requiring labels  warning  consumers
 of  any  potential impact on human health resulting from the consumption
 of cannabis products that shall be affixed to those products when  sold,
 if  such  labels  are  deemed  warranted  by the board and may establish
 standardized and/or uniform  packaging  and  labeling  requirements  for
 adult-use  products.  ALL  LABELS SHALL BE REQUIRED TO WARN CONSUMERS TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10330-02-3
 A. 6094                             2
              

 
 KEEP SAID CANNABIS PRODUCTS OUT OF REACH OF CHILDREN AND THAT  THEY  ARE
 FOR USE BY PERSONS TWENTY-ONE YEARS OF AGE AND OLDER.
   7.  The packaging, sale, marketing, branding, advertising, labeling or
 possession by any licensee  of  any  cannabis  product  not  labeled  or
 offered  in conformity with rules and regulations promulgated in accord-
 ance with this section shall be  grounds  for  CRIMINAL  PROSECUTION  AS
 PROVIDED IN ARTICLE TWO HUNDRED TWENTY-TWO OF THE PENAL LAW, IN ADDITION
 TO  the  imposition  of  a  fine,  and/or  the suspension, revocation or
 cancellation of a license in accordance  with  the  provisions  of  this
 chapter.
   §  2.  Section  222.60 of the penal law, as added by chapter 92 of the
 laws of 2021, is amended to read as follows:
 § 222.60 Criminal sale of cannabis in the first degree.
   A person is guilty of criminal sale of cannabis in  the  first  degree
 when  he  or she knowingly and unlawfully sells more than five pounds of
 cannabis or more than two pounds of  concentrated  cannabis,  OR  ADVER-
 TISES,  DECEPTIVELY  ADVERTISES,  BRANDS,  MARKETS,  PACKAGES, DISPLAYS,
 LABELS, OFFERS FOR INGESTION OUTSIDE OF PACKAGING, OR ADMINISTERS CANNA-
 BIS PRODUCTS, INCLUDING  UNCONVENTIONAL  METHODS  OF  ADMINISTRATION  OR
 INGESTION  OR  EDIBLE CONSUMPTION OF CANNABIS PRODUCTS, IN CONTRAVENTION
 OF SECTION EIGHTY-ONE OF THE  CANNABIS  LAW  OR  RULES  AND  REGULATIONS
 PROMULGATED  BY  THE  NEW YORK STATE CANNABIS CONTROL BOARD OR OFFICE OF
 CANNABIS MANAGEMENT.
   Criminal sale of cannabis in the first degree is a class D felony.
   § 3. This act shall take effect immediately.