N.Y.
Cannabis Law Section 16
Violations of cannabis laws or regulations
- penalties and injunctions
1.
Any person who violates, disobeys or disregards any term or provision of this chapter or of any lawful notice, order or regulation pursuant thereto for which a civil penalty is not otherwise expressly prescribed in this chapter by law, may be liable to the people of the state for a civil penalty of not to exceed five thousand dollars for each such violation or subsequent violation. In assessing the civil penalty under this subdivision, the board or office, as may be applicable shall take into consideration the nature of such violation and shall assess a penalty that is proportionate to the violation.2.
The penalty provided for in subdivision one of this section may be recovered by an action or proceeding in a court of competent jurisdiction brought by the board or the office, as may be applicable, or by the attorney general at the request of the board or the office.3.
Such civil penalty may be released or compromised by the board or the office, as may be applicable, before the matter has been referred to the attorney general, and where such matter has been referred to the attorney general, any such penalty may be released or compromised and any action or proceeding commenced to recover the same may be settled and discontinued by the attorney general with the consent of the board.4.
It shall be the duty of the attorney general upon the request of the board or office, as may be applicable, to bring an action or proceeding against any person who violates, disobeys or disregards any term or provision of this chapter or of any lawful notice, order or regulation pursuant thereto for any relief authorized under this chapter, including equitable and/or injunctive relief and the recovery of civil penalties; provided, however, that the board or executive director shall furnish the attorney general with such material, evidentiary matter or proof as may be requested by the attorney general for the prosecution of such an action or proceeding.5.
It is the purpose of this section to provide additional and cumulative remedies, and nothing herein contained shall abridge or alter rights of action or remedies now or hereafter existing, nor shall any provision of this section, nor any action done by virtue of this section, be construed as estopping the state, persons or municipalities in the exercising of their respective rights.6.
The board or the office, as may be applicable, shall forward any final findings of a violation under this chapter to any other statewide licensing agency where such findings were entered against a business holding any other such license, for any such other licensing agency to review the findings to determine if there has been a violation of any such license issued by such agency.7.
Any request for a temporary closing order or a temporary restraining order to be issued without notice in connection with an action or proceeding brought pursuant to this section or section sixteen-a of this article or § 138-A (Action for unlawful business practices relating to cannabis)section one hundred thirty-eight-a of this chapter may be filed under temporary seal pending order of the court granting or refusing a preliminary injunction and until further order of the court, and the clerk shall provide a sealed index number upon request of the office or the attorney general. If temporary sealing cannot be implemented via the court’s electronic filing system, such action or proceeding shall be permitted by the court to be filed through hard copy.
Source:
Section 16 — Violations of cannabis laws or regulations; penalties and injunctions, https://www.nysenate.gov/legislation/laws/CAN/16 (updated Apr. 26, 2024; accessed Oct. 26, 2024).
