§ 496-C — Additional penalties

§ 496-c. Additional penalties. (a) In addition to any other civil or\ncriminal penalties that may apply, any person knowingly in possession of\nor knowingly having control over any type of illicit cannabis, as\ndefined in section four hundred ninety-two of this article, after notice\nand an opportunity for a hearing, shall be liable for a civil penalty in\nan amount up to two times the amount of tax otherwise required to be\npaid for such product for a first violation, and for a second or\nsubsequent violation within three years following a prior violation may\nbe liable for a civil penalty in an amount up to three times the amount\nof tax otherwise required to be paid for such product.\n (b) In addition to any other penalty authorized by this chapter or any\nother law:\n (1) Any person who knowingly possesses for sale, as such term is\ndefined in section four hundred ninety-two of this article, more than\nfive pounds but less than twelve pounds of illicit cannabis or more than\none pound but less than four pounds of illicit concentrated cannabis or\nillicit cannabis edible product, after notice and an opportunity for a\nhearing, may be liable for a civil penalty of up to twenty-five thousand\ndollars for a first violation and may be liable for a civil penalty of\nup to fifty thousand dollars for a second or subsequent violation within\nthree years following a prior violation.\n (2) Any person who knowingly possesses for sale, as such term is\ndefined in section four hundred ninety-two of this article, over twelve\nor more pounds of illicit cannabis or four or more pounds of illicit\nconcentrated cannabis or illicit cannabis edible product, after notice\nand an opportunity for a hearing, may be liable for a civil penalty of\nup to seventy-five thousand dollars for a first violation and may be\nliable for a civil penalty of up to one hundred thousand dollars for a\nsecond or subsequent violation within three years following a prior\nviolation.\n (3) In addition to any penalty imposed pursuant to paragraphs one or\ntwo of this subdivision, any person who knowingly possesses for sale, as\nsuch term is defined in section four hundred ninety-two of this article,\nmore than five pounds of illicit cannabis, or more than one pound of\nillicit concentrated cannabis or illicit cannabis edible product, in a\ncommercial location, after notice and an opportunity for a hearing, may\nbe subject to an additional civil penalty of up to fifty thousand\ndollars for a first violation and may be liable for a civil penalty of\nup to one hundred thousand dollars for a second or subsequent violation\nwithin three years following a prior violation. For purposes of this\nparagraph, "commercial location" means real property or a vehicle held\nout as open to the public or otherwise being used to conduct wholesale\nor retail transactions, including a storage area in or adjacent to such\nproperty or vehicle. Such term shall not include a residence or a\npersonally-owned vehicle located at such residence.\n (c) Any distributor on whom tax is imposed under this article that\nknowingly sells any adult-use cannabis product to any person who sells\nat retail adult-use cannabis products who is not registered under\nsection four hundred ninety-four of this article, or whose registration\nhas been suspended or revoked, may, after notice and an opportunity for\na hearing, be liable for a civil penalty of up to fifty thousand dollars\nfor a first violation and up to one hundred thousand dollars for a\nsecond or subsequent violation within three years following a prior\nviolation.\n (d) No enforcement action taken under this section shall be construed\nto limit any other criminal or civil liability of anyone in possession\nof illicit cannabis.\n (e) The penalties imposed by this section shall not apply to natural\npersons lawfully in possession of adult-use cannabis or concentrated\ncannabis for personal use as provided in article two hundred twenty-two\nof the penal law.\n