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New York · Through 2026-09-11

N.Y. Cannabis Law § 136: Illicit cannabis

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Where this section sits in the code
  1. Cannabis Law
  2. Article 6. General Provisions

§ 136. Illicit cannabis. 1. "Illicit cannabis" means and includes any

cannabis flower, concentrated cannabis and cannabis product on which any

tax required to have been paid under any applicable state law, has not

been paid. Illicit cannabis shall not include any cannabis lawfully

possessed in accordance with this chapter or the penal law.

2. Any person holding a license, permit or registration under this

chapter who shall knowingly possess or have under his or her control any

cannabis known by the person to be illicit cannabis is guilty of a class

B misdemeanor.

3. Any person holding a license, permit or registration pursuant to

this chapter who shall knowingly barter, exchange, give or sell, or

offer to barter, exchange, give or sell any cannabis known by the person

to be illicit cannabis is guilty of a misdemeanor.

4. Any person holding a license, permit or registration pursuant to

this chapter who shall knowingly possess or have under his or her

control or transport any cannabis known by the person to be illicit

cannabis with intent to barter, exchange, give or sell such cannabis is

guilty of a class B misdemeanor.

5. Any person who, being the owner, lessee or occupant of any room,

shed, tenement, booth, building, float, vessel or part thereof who

knowingly permits the same to be used for the cultivation, processing,

distribution, purchase, sale, warehousing or transportation of any

cannabis, in violation of a possession limit in the penal law, known by

the person to be illicit cannabis, is guilty of a violation.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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