A01234 Summary:
BILL NO | A01234 |
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SAME AS | SAME AS S01752 |
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SPONSOR | Lupardo |
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COSPNSR | Stirpe, Dickens, Simon, Woerner, Fahy, Gibbs, Jacobson, Buttenschon, Jean-Pierre, Jackson, McDonald, Gonzalez-Rojas, Hyndman, Hunter, Glick, Tague, Kelles, Novakhov, Maher, Raga |
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MLTSPNSR | Gunther |
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Amd §301, Ag & Mkts L | |
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Expands the definition of crops, livestock and livestock products to include cannabis. |
A01234 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A1234 SPONSOR: Lupardo
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to expand- ing the definition of crops, livestock and livestock products to include cannabis   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to clearly define cannabis as an agricultural product and make it eligible to receive an agricultural assessment along with other protections afforded in the Agricultural Districts law.   SUMMARY OF PROVISIONS: Section 1: Subdivision 2 of section 301 of the Agriculture and Markets law is amended by adding a new paragraph (m). Section 2: Established the effective date.   JUSTIFICATION: Now that New York State has legalized the adult use of cannabis, the interest from farmers to grow this crop has increased. In order to develop a locally grown product, we must be sure that we are supporting our state farmers who choose to participate in this new sector of agri- culture. Cannabis should be treated as an agricultural crop and it needs to be clearly stated in the law in order to avoid any confusion for local assessors and be eligible to receive an agricultural assessment. Farming is difficult enough in New York State, but for farmers taking the risk of planting a whole new crop, they should not have to face the possibility of having to argue with their local assessor about whether cannabis is a crop. Cannabis should be consider an agricultural crop and treated as such, and in the same manner as grapes grown for wine production, hops and malting barley along with grains used by distil- lers. Additionally, farmers who convert land from growing an agricultural product currently receiving an agricultural assessment to cannabis could lose their agricultural assessment on that portion of land converted to growing cannabis, resulting in an unforeseen real property tax increase and possible penalty for conversion. For the state to reach its goal of having an adult cannabis program that achieves its social equity goals, which includes distressed farmers, we must not penalize farmers who choose to grow cannabis.   PRIOR LEGISLATIVE HISTORY: Formerly A-9087 of 2022, did in the Agriculture Committee.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: This legislation will allow cannabis plantings to be eligible for an agricultural assessment in the same manner as other agricultural plant- ings, which would make them eligible for an agricultural assessment. The legislation will also allow land previously receiving an agricultural assessment to continue to receive an agricultural assessment even if a portion of the land is converted into growing cannabis.   EFFECTIVE DATE: This act shall take effect immediately.