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A00418 Summary:

BILL NOA00418
 
SAME ASSAME AS S00818
 
SPONSORLupardo
 
COSPNSR
 
MLTSPNSR
 
Amd §130-a, Cannabis L; amd §2, Chap of 2024 (as proposed in S.9679-A & A.10398-A)
 
Sets forth certain provisions for the sale of adult-use cannabis and adult-use cannabis products at cannabis showcase events; requires permittees to partner with cultivators in certain situations.
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A00418 Actions:

BILL NOA00418
 
01/08/2025referred to economic development
01/14/2025reported referred to ways and means
01/22/2025reported referred to rules
01/22/2025reported
01/22/2025rules report cal.35
01/22/2025ordered to third reading rules cal.35
03/11/2025substituted by s818
 S00818 AMEND= HINCHEY
 01/08/2025REFERRED TO RULES
 01/13/2025ORDERED TO THIRD READING CAL.92
 02/12/2025PASSED SENATE
 02/12/2025DELIVERED TO ASSEMBLY
 02/12/2025referred to ways and means
 03/11/2025substituted for a418
 03/11/2025ordered to third reading rules cal.35
 03/11/2025passed assembly
 03/11/2025returned to senate
 03/20/2025DELIVERED TO GOVERNOR
 03/20/2025SIGNED CHAP.112
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A00418 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A418
 
SPONSOR: Lupardo
  TITLE OF BILL: An act to amend the cannabis law, in relation to cannabis showcase event permits; and to amend a chapter of the laws of 2024 amending the canna- bis law relating to authorizing a cannabis showcase event permit, as proposed in legislative bills numbers S. 9679-A and A. 10398-A, in relation to the effectiveness thereof   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to make clarifying and technical changes to the cannabis showcase event permit program as provided for in Chapter 669 of the Laws of 2024.   SUMMARY OF SPECIFIC PROVISIONS: This bill would make clarifications to Chapter 669 of the Laws of 2024, which authorizes the Office of Cannabis Management (OCM) to issue tempo- rary showcase event permits. This bill would provide that locations for such events would be limited to stand-alone cannabis sale "pop-up" events, farmers' markets and public markets as defined in Agriculture and Markets law. This bill would require licensed retailers applying for a permit to demonstrate a partnership with at least a minimum of one licensed culti- vator and licensed processor as a condition to be considered for a cannabis showcase event permit. This bill would define showcase to mean the exhibiting or displaying at a cannabis showcase event permit by a permittee or an authorized licensee of adult-use cannabis and cannabis products and may include branded merchandise and educational materials. Further, this bill would ensure that only licensed retailers would be authorized to apply for an event permit and that each licensee at any location would be required to have their own event permit. The bill would also make clarifying technical changes related to the application process and requirements as determined in regulation by OCM. Finally, this bill would extend the effective date to 120 days.   JUSTIFICATION: As with the underlying Chapter 669 of the Laws of 2024, this bill seeks to create a cannabis showcase event permit patterned after the success- ful Cannabis Growers Showcase (CGS) program that aided cannabis cultiva- tors and retailers. Similar to the CGS program, the Cannabis Showcase Event permits will require licensed adult-use cannabis retailers to have a demonstrated partnership with licensed cultivators and licensed processor of cannabis. The showcase events will provide an opportunity to educate the consumers about their products and sell cannabis products and branded merchandise at farmers' markets, public markets, and stand- alone "pop-up" cannabis events. This bill and the underlying chapter, maintain the required separation of the two tiers of the cannabis market, only retailers who are licensed to sell cannabis products will be allowed apply for Showcase Event permits. The permit applicant will be required to identify license hold- ers from the supply tier who will participate in the event to "showcase" or provide education about their cannabis products. Other rules will limit the duration that a temporary cannabis event can operate, enforc- ing the "temporary" nature of the sale of cannabis at the approved event or location and preventing the permittee from presenting the event as a permanent location to the public and from gaining unfair market advan- tage by operating and/or advertising an event as if it were an addi- tional permanent licensed location. Permit fees have been added to cover the cost incurred by the OCM for resources required to review and proc- ess the application. Finally, to protect the health and safety of the public, inventory and sales reporting mandates will provide transparen- cy.   PRIOR LEGISLATIVE HISTORY: New legislation.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect the one hundred twentieth day.
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A00418 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           418
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Economic Development
 
        AN ACT to amend the cannabis law, in relation to cannabis showcase event
          permits; and to amend a chapter of  the  laws  of  2024  amending  the
          cannabis law relating to authorizing a cannabis showcase event permit,
          as  proposed in legislative bills numbers S. 9679-A and A. 10398-A, in
          relation to the effectiveness thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 130-a of the cannabis law, as added by a chapter of
     2  the  laws  of  2024  amending the cannabis law relating to authorizing a
     3  cannabis showcase event permit, as proposed in legislative bills numbers
     4  S. 9679-A and A. 10398-A, is amended to read as follows:
     5    § 130-a.  Cannabis  showcase  event  permit.  1.  When  used  in  this
     6  section[, "cannabis]:
     7    (a)  "Cannabis showcase event" shall mean an event where[:] a licensee
     8  authorized to conduct  retail  sales  of  adult-use  cannabis,  cannabis
     9  products,  and  cannabis merchandise engages in the sale and showcase of
    10  such products away from the licensed premises in [demonstrated] partner-
    11  ship with [a] at minimum one licensed New York state adult-use  cannabis
    12  cultivator  [or]  and  at  minimum one licensed New York state adult-use
    13  cannabis processor, at showcase events that are located  at  stand-alone
    14  cannabis  sale  "pop-up"  events, farmers' markets and public markets as
    15  defined in section two hundred sixty of the agriculture and markets  law
    16  or similar such locations, as authorized by the office.
    17    (b)  "Showcase"  shall mean the exhibiting or displaying at a cannabis
    18  showcase event by a permittee or an  authorized  licensee  of  adult-use
    19  cannabis  and  cannabis products and may include branded merchandise and
    20  educational materials.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02891-01-5

        A. 418                              2
 
     1    2. A licensee authorized under this chapter to conduct retail sales of
     2  adult-use cannabis may apply to the office for a cannabis showcase event
     3  permit and shall be required to demonstrate that they are in partnership
     4  with a licensed cultivator [or] and a  licensed  processor  pursuant  to
     5  subdivision  one of this section. An application for a cannabis showcase
     6  event permit shall identify [licensees] such  licensed  cultivators  and
     7  processors  who  are  authorized  under this chapter to showcase at such
     8  cannabis showcase event.
     9    3. A cannabis showcase event permit shall authorize: (a) the permitted
    10  licensee, authorized under this  chapter  to  conduct  retail  sales  of
    11  adult-use  cannabis,  adult-use cannabis products, and cannabis merchan-
    12  dise, and (b) the permitted licensee[,] and licensees who are authorized
    13  under this chapter to cultivate [and] or process adult-use cannabis,  to
    14  showcase  their  adult-use cannabis  and cannabis products, for a tempo-
    15  rary period of time, at a cannabis showcase event. The  permittee  shall
    16  offer  for  sale  the adult-use cannabis and adult-use cannabis products
    17  cultivated or processed by the licensees authorized  on  the  permit  to
    18  showcase at such cannabis showcase event, provided, however, the permit-
    19  tee  shall  not  be  limited  to selling the products of such authorized
    20  licensees.
    21    4. All adult-use cannabis and cannabis product  sales  at  a  cannabis
    22  showcase  event  shall  be executed by the permittee. No other licensee,
    23  person or entity shall be authorized to engage in cannabis  or  cannabis
    24  product sales at a cannabis showcase event.
    25    5.  A  separate  cannabis  showcase event permit shall be required for
    26  each showcase event at which a cannabis showcase event is being held.
    27    [5.] 6. A separate cannabis showcase event permit  shall  be  required
    28  for  each licensee authorized under this chapter to conduct retail sales
    29  of adult-use cannabis and cannabis products.
    30    7. In the event a cannabis  showcase  event  contains  more  than  one
    31  permittee, each permittee shall nevertheless be required to partner with
    32  at minimum one cultivator, pursuant to subdivision two of this section.
    33    8. Each permittee shall be limited to partnering with no more than one
    34  licensed  processor  for  each  licensed  cultivator authorized on their
    35  cannabis showcase event permit application.
    36    9. No cannabis showcase event permit shall  authorize  more  than  one
    37  cannabis  showcase event at one time. A licensee may participate in more
    38  than one cannabis showcase event so long as each cannabis showcase event
    39  has a corresponding separate cannabis showcase event permit.
    40    [6.] 10. Notwithstanding any other provision of this chapter, a canna-
    41  bis showcase event permit shall be valid for no more than fourteen days.
    42    [7.] 11. The board may set reasonable fees for cannabis showcase event
    43  permits. Such fees may be based on [the type of] cannabis showcase event
    44  permit [sought,] size, length, duration, or  any  other  factors  deemed
    45  reasonable  and  appropriate  by  the  board  to  achieve the policy and
    46  purpose of this chapter.
    47    [8.] 12. Permitted licensees shall comply with all reporting  require-
    48  ments,  including  required  sales reporting, and all other requirements
    49  set forth in regulations[, and any]. Any noncompliance by such permitted
    50  licensees or licensees  authorized  on  the  permit  to  showcase  shall
    51  subject  such [permitted] licensees to applicable fees, fines and penal-
    52  ties.
    53    [9.] 13. The board shall  promulgate  regulations  to  implement  this
    54  section.
    55    §  2. Section 2 of a chapter of the laws of 2024 amending the cannabis
    56  law relating  to  authorizing  a  cannabis  showcase  event  permit,  as

        A. 418                              3
 
     1  proposed  in  legislative  bills  numbers  S.  9679-A and A. 10398-A, is
     2  amended to read as follows:
     3    § 2. This act shall take effect [immediately] on the one hundred twen-
     4  tieth  day after it shall have become a law.  Effective immediately, the
     5  addition, amendment, and/or repeal of any rule or  regulation  necessary
     6  for  the implementation of this act on its effective date are authorized
     7  to be made and completed on or before such date.
     8    § 3. This act shall take effect immediately; provided,  however,  that
     9  section  one  of  this act shall take effect on the same date and in the
    10  same manner as a chapter of the laws of 2024 amending the  cannabis  law
    11  relating to authorizing a cannabis showcase event permit, as proposed in
    12  legislative bills numbers S. 9679-A and A. 10398-A, takes effect.
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