§ 136. Illicit cannabis. 1. "Illicit cannabis" means and includes any
cannabis flower, concentrated cannabis and cannabis product on which any
tax required to have been paid under any applicable state law, has not
been paid. Illicit cannabis shall not include any cannabis lawfully
possessed in accordance with this chapter or the penal law.

2. Any person holding a license, permit or registration under this
chapter who shall knowingly possess or have under his or her control any
cannabis known by the person to be illicit cannabis is guilty of a class
B misdemeanor.

3. Any person holding a license, permit or registration pursuant to
this chapter who shall knowingly barter, exchange, give or sell, or
offer to barter, exchange, give or sell any cannabis known by the person
to be illicit cannabis is guilty of a misdemeanor.

4. Any person holding a license, permit or registration pursuant to
this chapter who shall knowingly possess or have under his or her
control or transport any cannabis known by the person to be illicit
cannabis with intent to barter, exchange, give or sell such cannabis is
guilty of a class B misdemeanor.

5. Any person who, being the owner, lessee or occupant of any room,
shed, tenement, booth, building, float, vessel or part thereof who
knowingly permits the same to be used for the cultivation, processing,
distribution, purchase, sale, warehousing or transportation of any
cannabis, in violation of a possession limit in the penal law, known by
the person to be illicit cannabis, is guilty of a violation.