§ 16 — Violations of cannabis laws or regulations; penalties and injunctions

§ 16. Violations of cannabis laws or regulations; penalties and\ninjunctions. 1. Any person who violates, disobeys or disregards any term\nor provision of this chapter or of any lawful notice, order or\nregulation pursuant thereto for which a civil penalty is not otherwise\nexpressly prescribed in this chapter by law, may be liable to the people\nof the state for a civil penalty of not to exceed five thousand dollars\nfor each such violation or subsequent violation. In assessing the civil\npenalty under this subdivision, the board or office, as may be\napplicable shall take into consideration the nature of such violation\nand shall assess a penalty that is proportionate to the violation.\n 2. The penalty provided for in subdivision one of this section may be\nrecovered by an action or proceeding in a court of competent\njurisdiction brought by the board or the office, as may be applicable,\nor by the attorney general at the request of the board or the office.\n 3. Such civil penalty may be released or compromised by the board or\nthe office, as may be applicable, before the matter has been referred to\nthe attorney general, and where such matter has been referred to the\nattorney general, any such penalty may be released or compromised and\nany action or proceeding commenced to recover the same may be settled\nand discontinued by the attorney general with the consent of the board.\n 4. It shall be the duty of the attorney general upon the request of\nthe board or office, as may be applicable, to bring an action or\nproceeding against any person who violates, disobeys or disregards any\nterm or provision of this chapter or of any lawful notice, order or\nregulation pursuant thereto for any relief authorized under this\nchapter, including equitable and/or injunctive relief and the recovery\nof civil penalties; provided, however, that the board or executive\ndirector shall furnish the attorney general with such material,\nevidentiary matter or proof as may be requested by the attorney general\nfor the prosecution of such an action or proceeding.\n 5. It is the purpose of this section to provide additional and\ncumulative remedies, and nothing herein contained shall abridge or alter\nrights of action or remedies now or hereafter existing, nor shall any\nprovision of this section, nor any action done by virtue of this\nsection, be construed as estopping the state, persons or municipalities\nin the exercising of their respective rights.\n 6. The board or the office, as may be applicable, shall forward any\nfinal findings of a violation under this chapter to any other statewide\nlicensing agency where such findings were entered against a business\nholding any other such license, for any such other licensing agency to\nreview the findings to determine if there has been a violation of any\nsuch license issued by such agency.\n 7. Any request for a temporary closing order or a temporary\nrestraining order to be issued without notice in connection with an\naction or proceeding brought pursuant to this section or section\nsixteen-a of this article or section one hundred thirty-eight-a of this\nchapter may be filed under temporary seal pending order of the court\ngranting or refusing a preliminary injunction and until further order of\nthe court, and the clerk shall provide a sealed index number upon\nrequest of the office or the attorney general. If temporary sealing\ncannot be implemented via the court's electronic filing system, such\naction or proceeding shall be permitted by the court to be filed through\nhard copy.\n