New York § 496-C - 496-CAdditional penalties

§ 496-C. 496-CAdditional penalties

§ 496-c. Additional penalties. (a) In addition to any other civil or criminal penalties that may apply, any person knowingly in possession of or knowingly having control over any type of illicit cannabis, as defined in section four hundred ninety-two of this article, after notice and an opportunity for a hearing, shall be liable for a civil penalty in an amount up to two times the amount of tax otherwise required to be paid for such product for a first violation, and for a second or subsequent violation within three years following a prior violation may be liable for a civil penalty in an amount up to three times the amount of tax otherwise required to be paid for such product. (b) In addition to any other penalty authorized by this chapter or any other law: (1) Any person who knowingly possesses for sale, as such term is defined in section four hundred ninety-two of this article, more than five pounds but less than twelve pounds of illicit cannabis or more than one pound but less than four pounds of illicit concentrated cannabis or illicit cannabis edible product, after notice and an opportunity for a hearing, may be liable for a civil penalty of up to twenty-five thousand dollars for a first violation and may be liable for a civil penalty of up to fifty thousand dollars for a second or subsequent violation within three years following a prior violation. (2) Any person who knowingly possesses for sale, as such term is defined in section four hundred ninety-two of this article, over twelve or more pounds of illicit cannabis or four or more pounds of illicit concentrated cannabis or illicit cannabis edible product, after notice and an opportunity for a hearing, may be liable for a civil penalty of up to seventy-five thousand dollars for a first violation and may be liable for a civil penalty of up to one hundred thousand dollars for a second or subsequent violation within three years following a prior violation. (3) In addition to any penalty imposed pursuant to paragraphs one or two of this subdivision, any person who knowingly possesses for sale, as such term is defined in section four hundred ninety-two of this article, more than five pounds of illicit cannabis, or more than one pound of illicit concentrated cannabis or illicit cannabis edible product, in a commercial location, after notice and an opportunity for a hearing, may be subject to an additional civil penalty of up to fifty thousand dollars for a first violation and may be liable for a civil penalty of up to one hundred thousand dollars for a second or subsequent violation within three years following a prior violation. For purposes of this paragraph, "commercial location" means real property or a vehicle held out as open to the public or otherwise being used to conduct wholesale or retail transactions, including a storage area in or adjacent to such property or vehicle. Such term shall not include a residence or a personally-owned vehicle located at such residence. (c) Any distributor on whom tax is imposed under this article that knowingly sells any adult-use cannabis product to any person who sells at retail adult-use cannabis products who is not registered under section four hundred ninety-four of this article, or whose registration has been suspended or revoked, may, after notice and an opportunity for a hearing, be liable for a civil penalty of up to fifty thousand dollars for a first violation and up to one hundred thousand dollars for a second or subsequent violation within three years following a prior violation. (d) No enforcement action taken under this section shall be construed to limit any other criminal or civil liability of anyone in possession of illicit cannabis. (e) The penalties imposed by this section shall not apply to natural persons lawfully in possession of adult-use cannabis or concentrated cannabis for personal use as provided in article two hundred twenty-two of the penal law.