Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the legalization of adult recreational cannabis use.

Highlights:

• Defines "cannabinoid hemp processor license" as a license granted by the office to process, extract, pack or manufacture cannabinoid hemp or hemp extract into products, whether in intermediate or final form, used for human consumption (Sec. 3-4).

• Alleges it is intent of this act is to regulate, control, and tax marijuana, heretofore known as cannabis, generate significant new revenue, make substantial investments in communities and people most impacted by cannabis criminalization to address the collateral consequences of such criminalization, prevent access to cannabis by those under the age of twenty-one years, reduce the illegal drug market and reduce violent crime, reduce participation of otherwise law-abiding citizens in the illicit market, end the racially disparate impact of existing cannabis laws (Sec. 2).

• Establishes the power and duty of the Cannabis Control Board to limit, or not to limit, the number of registrations, licenses and permits of each class to be issued within the state or any political subdivision (Sec. 10-2).

• Establishes the power and duty of the Cannabis Control Board to inspect or provide authorization for the inspection at any time of any premises where medical cannabis, adult-use cannabis or cannabinoid hemp and hemp extract is cultivated, processed, stored, distributed or sold (Sec. 10-8).

• Establishes the power to advise the office of cannabis management and/or urban development corporation in making low-interest or zero-interest loans to qualified social and economic equity applicants as provided for in this chapter (Sec. 10-14).

• Establishes the board has the authority to promulgate regulations governing the appropriate use and licensure of the manufacturing of cannabinoids, or other compounds contained within the cannabis plant, through any method other than planting, growing, cloning, harvesting, or other traditional means of plant agriculture (Sec. 13-6).

• Requires the development and implementation of a comprehensive public health monitoring, surveillance and education campaign regarding the legalization of adult-use cannabis and the impact of cannabis use on public health and safety. The public health and education campaign will also include general education to the public about the cannabis law (Sec. 19).

• Prohibits providing a medical marijuana patient certification except in the following instances (Sec. 30):

• The patient has a condition, which is specified in the patient's health care record;

• The practitioner has training or experience and is qualified to treat the condition;

• The patient is under the practitioner's continuing care for the condition; and

• In the practitioner's professional opinion and review of past treatments, the patient is likely to receive therapeutic or palliative benefit from the primary or adjunctive treatment with medical use of cannabis for the condition.

• Requires a practitioner to complete, at a minimum, a 2-hour course as determined by the board in regulation prior to certification (Sec. 30-10).

• Requires medical cannabis dispensed to a certified patient or designated caregiver by a registered organization shall conform to any recommendation or limitation by the practitioner as to the form or forms of medical cannabis or dosage for the certified patient (Sec. 34-5.c).

• Specifies the state will automatically vacate, dismiss and expunge conviction for marijuana possession and the office of court administration will immediately notify the state division of criminal justice services, state department of corrections and community supervision and the appropriate local correctional facility which will immediately effectuate the appropriate relief (Sec. 440.46-a-1).

• Establishes no finding or determination of reasonable cause to believe a crime has been committed shall be based solely on evidence of the following facts and circumstances, either individually or in combination with each other (Sec. 222.00-3):

• The odor of cannabis;

• The odor of burnt cannabis;

• The possession of or the suspicion of possession of cannabis or concentrated cannabis in the amounts authorized in this article;

• The possession of multiple containers of cannabis without evidence of concentrated cannabis in the amounts authorized in this article;

• The presence of cash or currency in proximity to cannabis or concentrated cannabis; or

• The planting, cultivating, harvesting, drying, processing or possessing cultivated cannabis.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the legalization of adult recreational cannabis use.

Highlights:

• Defines "cannabinoid hemp processor license" as a license granted by the office to process, extract, pack or manufacture cannabinoid hemp or hemp extract into products, whether in intermediate or final form, used for human consumption (Sec. 3-4).

• Alleges it is intent of this act is to regulate, control, and tax marijuana, heretofore known as cannabis, generate significant new revenue, make substantial investments in communities and people most impacted by cannabis criminalization to address the collateral consequences of such criminalization, prevent access to cannabis by those under the age of twenty-one years, reduce the illegal drug market and reduce violent crime, reduce participation of otherwise law-abiding citizens in the illicit market, end the racially disparate impact of existing cannabis laws (Sec. 2).

• Establishes the power and duty of the Cannabis Control Board to limit, or not to limit, the number of registrations, licenses and permits of each class to be issued within the state or any political subdivision (Sec. 10-2).

• Establishes the power and duty of the Cannabis Control Board to inspect or provide authorization for the inspection at any time of any premises where medical cannabis, adult-use cannabis or cannabinoid hemp and hemp extract is cultivated, processed, stored, distributed or sold (Sec. 10-8).

• Establishes the power to advise the office of cannabis management and/or urban development corporation in making low-interest or zero-interest loans to qualified social and economic equity applicants as provided for in this chapter (Sec. 10-14).

• Establishes the board has the authority to promulgate regulations governing the appropriate use and licensure of the manufacturing of cannabinoids, or other compounds contained within the cannabis plant, through any method other than planting, growing, cloning, harvesting, or other traditional means of plant agriculture (Sec. 13-6).

• Requires the development and implementation of a comprehensive public health monitoring, surveillance and education campaign regarding the legalization of adult-use cannabis and the impact of cannabis use on public health and safety. The public health and education campaign will also include general education to the public about the cannabis law (Sec. 19).

• Prohibits providing a medical marijuana patient certification except in the following instances (Sec. 30):

• The patient has a condition, which is specified in the patient's health care record;

• The practitioner has training or experience and is qualified to treat the condition;

• The patient is under the practitioner's continuing care for the condition; and

• In the practitioner's professional opinion and review of past treatments, the patient is likely to receive therapeutic or palliative benefit from the primary or adjunctive treatment with medical use of cannabis for the condition.

• Requires a practitioner to complete, at a minimum, a 2-hour course as determined by the board in regulation prior to certification (Sec. 30-10).

• Requires medical cannabis dispensed to a certified patient or designated caregiver by a registered organization shall conform to any recommendation or limitation by the practitioner as to the form or forms of medical cannabis or dosage for the certified patient (Sec. 34-5.c).

• Specifies the state will automatically vacate, dismiss and expunge conviction for marijuana possession and the office of court administration will immediately notify the state division of criminal justice services, state department of corrections and community supervision and the appropriate local correctional facility which will immediately effectuate the appropriate relief (Sec. 440.46-a-1).

• Establishes no finding or determination of reasonable cause to believe a crime has been committed shall be based solely on evidence of the following facts and circumstances, either individually or in combination with each other (Sec. 222.00-3):

• The odor of cannabis;

• The odor of burnt cannabis;

• The possession of or the suspicion of possession of cannabis or concentrated cannabis in the amounts authorized in this article;

• The possession of multiple containers of cannabis without evidence of concentrated cannabis in the amounts authorized in this article;

• The presence of cash or currency in proximity to cannabis or concentrated cannabis; or

• The planting, cultivating, harvesting, drying, processing or possessing cultivated cannabis.

Full Bill Text