STATE OF NEW YORK ________________________________________________________________________ 2772 2023-2024 Regular Sessions IN SENATE January 24, 2023 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed 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: 1 Section 1. The opening paragraph of subdivision 4 of section 132 of 2 the cannabis law is amended to read as follows: 3 Any person under the age of twenty-one found to be in possession of 4 three ounces or less of cannabis or cannabis products who is not a 5 certified patient pursuant to article three of this chapter shall be in 6 violation of this chapter and shall be subject to the following penalty: 7 § 2. Paragraph (d) of subdivision 3 of section 222.05 of the penal 8 law, as added by chapter 92 of the laws of 2021, is amended to read as 9 follows: 10 (d) the possession of multiple containers of cannabis or concentrated 11 cannabis without evidence of [~~concentrated cannabis~~] possession in more 12 than the amounts authorized in this article; 13 § 3. The first undesignated paragraph of section 222.25 of the penal 14 law, as added by chapter 92 of the laws of 2021, is amended to read as 15 follows: 16 A person is guilty of unlawful possession of cannabis when he or she 17 knowingly and unlawfully possesses one or more preparations, compounds, 18 mixtures or substances containing cannabis and [~~such cannabis weighs~~] 19 said preparations, compounds, mixtures or substances are of an aggregate 20 weight of more than three ounces or concentrated cannabis and such 21 concentrated cannabis [~~weighs~~] has an aggregate weight of more than 22 twenty-four grams. 23 § 4. Subdivisions 1 and 2 of section 222.30 of the penal law, as added 24 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

S. 2772 2 1 1. one or more preparations, compounds, mixtures or substances 2 containing cannabis and [~~such cannabis weighs~~] said preparations, 3 compounds, mixtures or substances are of an aggregate weight of more 4 than sixteen ounces; or 5 2. concentrated cannabis and such concentrated cannabis [~~weighs~~] has 6 an aggregate weight of more than five ounces. 7 § 5. Subdivisions 1 and 2 of section 222.35 of the penal law, as added 8 by chapter 92 of the laws of 2021, are amended to read as follows: 9 1. one or more preparations, compounds, mixtures or substances 10 containing cannabis and [~~such cannabis weighs~~] said preparations, 11 compounds, mixtures or substances are of an aggregate weight of more 12 than five pounds; or 13 2. concentrated cannabis and such concentrated cannabis [~~weighs~~] has 14 an aggregate weight of more than two pounds. 15 § 6. Subdivisions 1 and 2 of section 222.40 of the penal law, as added 16 by chapter 92 of the laws of 2021, are amended to read as follows: 17 1. one or more preparations, compounds, mixtures or substances 18 containing cannabis and [~~such cannabis weighs~~] said preparations, 19 compounds, mixtures or substances are of an aggregate weight of more 20 than ten pounds; or 21 2. concentrated cannabis and such concentrated cannabis [~~weighs~~] has 22 an aggregate weight of more than four pounds. 23 § 7. Subdivisions 1 and 2 of section 222.50 of the penal law, as added 24 by chapter 92 of the laws of 2021, are amended to read as follows: 25 1. he or she knowingly and unlawfully sells one or more preparations, 26 compounds, mixtures or substances containing cannabis and said prepara- 27 tions, compounds, mixtures or substances are of an aggregate weight of 28 more than three ounces [~~of cannabis~~] or concentrated cannabis with an 29 aggregate weight of more than twenty-four grams [~~of concentrated canna-~~ 30 ~~bis~~]; or 31 2. being twenty-one years of age or older, he or she knowingly and 32 unlawfully sells or gives, or causes to be given or sold, cannabis or 33 concentrated cannabis to [a] another person and that person is less than 34 twenty-one years of age; except that in any prosecution under this 35 subdivision, it is a defense that the defendant was less than three 36 years older than the person under the age of twenty-one at the time of 37 the offense. This subdivision shall not apply to designated caregivers, 38 practitioners, employees of a registered organization or employees of a 39 designated caregiver facility acting in compliance with article three of 40 the cannabis law. 41 § 8. Subdivisions 1 and 2 of section 222.55 of the penal law, as added 42 by chapter 92 of the laws of 2021, are amended to read as follows: 43 1. he or she knowingly and unlawfully sells one or more preparations, 44 compounds, mixtures or substances containing cannabis and said prepara- 45 tions, compounds, mixtures or substances are of an aggregate weight of 46 more than sixteen ounces [~~of cannabis~~] or concentrated cannabis with an 47 aggregate weight of more than five ounces [~~of concentrated cannabis~~]; or 48 2. being twenty-one years of age or older, he or she knowingly and 49 unlawfully sells or gives, or causes to be given or sold, one or more 50 preparations, compounds, mixtures or substances containing cannabis and 51 said preparations, compounds, mixtures or substances are of an aggregate 52 weight of more than three ounces [~~of cannabis~~] or concentrated cannabis 53 with an aggregate weight of more than twenty-four grams [~~of concentrated~~ 54 ~~cannabis~~] to [a] another person and that person is less than eighteen 55 years of age. This subdivision shall not apply to designated caregivers, 56 practitioners, employees of a registered organization or employees of a

S. 2772 3 1 designated caregiver facility acting in compliance with article three of 2 the cannabis law. 3 § 9. The first undesignated paragraph of section 222.60 of the penal 4 law, as added by chapter 92 of the laws of 2021, is amended to read as 5 follows: 6 A person is guilty of criminal sale of cannabis in the first degree 7 when he or she knowingly and unlawfully sells one or more preparations, 8 compounds, mixtures or substances containing cannabis and said prepara- 9 tions, compounds, mixtures or substances are of an aggregate weight of 10 more than five pounds [~~of cannabis~~] or concentrated cannabis with an 11 aggregate weight of more than two pounds [~~of concentrated cannabis~~]. 12 § 10. The first undesignated paragraph of section 222.65 of the penal 13 law, as added by chapter 92 of the laws of 2021, is amended to read as 14 follows: 15 A person is guilty of aggravated criminal sale of cannabis when he or 16 she knowingly and unlawfully sells one or more preparations, compounds, 17 mixtures or substances containing cannabis [~~or concentrated cannabis~~ 18 ~~weighing~~] and said preparations, compounds, mixtures or substances are 19 of an aggregate weight of one hundred pounds or more or concentrated 20 cannabis with an aggregate weight of one hundred pounds or more. 21 § 11. Subparagraph (ii) of paragraph (b) of subdivision 2 of section 22 440.46-a of the criminal procedure law, as added by chapter 92 of the 23 laws of 2021, is amended to read as follows: 24 (ii) If the petition meets the criteria in subparagraph [~~(i)~~] (ii) of 25 paragraph (a) of this subdivision, the court after affording the parties 26 an opportunity to be heard and present evidence, may substitute, unless 27 it is not in the interests of justice to do so, a conviction for an 28 appropriate lesser offense under article two hundred twenty-two of the 29 penal law. 30 § 12. This act shall take effect immediately and shall be deemed to 31 have been in full force and effect on and after March 31, 2021.

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