S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6119
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2025
                                ___________
 
 Introduced  by M. of A. ZACCARO -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the cannabis law,  in  relation  to  authorizing  for  a
   private right of action for certain violations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The cannabis law is amended by adding a new  section  138-c
 to read as follows:
   §  138-C.  PRIVATE RIGHT OF ACTION. IN ADDITION TO THE RIGHT OF ACTION
 GRANTED TO THE OFFICE AND THE ATTORNEY GENERAL PURSUANT TO THIS ARTICLE,
 ANY PERSON WHO HAS BEEN INJURED BY REASON OF A VIOLATION OF  SUBDIVISION
 ONE  OF  SECTION  ONE  HUNDRED  TWENTY-FIVE OF THIS ARTICLE MAY BRING AN
 ACTION IN THEIR OWN NAME TO ENJOIN SUCH UNLAWFUL  ACT  OR  PRACTICE,  AN
 ACTION TO RECOVER  ACTUAL DAMAGES OR FIVE THOUSAND DOLLARS, WHICHEVER IS
 GREATER,  OR  BOTH  SUCH  ACTIONS.  THE  COURT  MAY,  IN ITS DISCRETION,
 INCREASE THE AWARD OF DAMAGES TO AN AMOUNT NOT TO EXCEED THREE TIMES THE
 ACTUAL DAMAGES UP TO TEN  THOUSAND  DOLLARS,  IF  THE  COURT  FINDS  THE
 DEFENDANT  WILLFULLY  OR  KNOWINGLY VIOLATED SUCH SECTION. THE COURT MAY
 AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01118-02-5