Bill Text: NY S03248 | 2025-2026 | General Assembly | Amended


Bill Title: Authorizes private civil actions for certain violations of the cannabis law relating to licensure.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-28 - PRINT NUMBER 3248A [S03248 Detail]

Download: New_York-2025-S03248-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3248--A

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 24, 2025
                                       ___________

        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to  the  Committee  on  Finance  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the  cannabis  law, in relation to authorizing for a
          private right of action for certain violations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The cannabis law is amended by adding a new section 138-c
     2  to read as follows:
     3    § 138-c. Private right of action. In addition to the right  of  action
     4  granted to the office and the attorney general pursuant to this article,
     5  any  person who has been injured by reason of a violation of subdivision
     6  one of section one hundred twenty-five of  this  article  may  bring  an
     7  action  in  their  own  name to enjoin such unlawful act or practice, an
     8  action to recover  actual damages or five thousand dollars, whichever is
     9  greater, or both  such  actions.  The  court  may,  in  its  discretion,
    10  increase the award of damages to an amount not to exceed three times the
    11  actual  damages  up  to  ten  thousand  dollars,  if the court finds the
    12  defendant willfully or knowingly violated such section.  The  court  may
    13  award reasonable attorney's fees to a prevailing plaintiff.
    14    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01118-03-5
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