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Old 02-07-2019, 06:09 AM #41
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It's not the same old thing. Yes civil forfeiture has happened in the past but it's not spelled out in existing law as a penalty for weed crimes like it will be in the future if the budget is approved.

California set the precedent for threatening landlords with forfeiture as a way to eliminate illegal dispensaries and NY is wants to make it law. The year in jail and fine will be minor if you lose all your possessions when you get a weed bust in the future in NY.
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Old 02-07-2019, 07:56 PM #42
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Quote:
Originally Posted by Chunkypigs View Post
It's not the same old thing. Yes civil forfeiture has happened in the past but it's not spelled out in existing law as a penalty for weed crimes like it will be in the future if the budget is approved.

California set the precedent for threatening landlords with forfeiture as a way to eliminate illegal dispensaries and NY is wants to make it law. The year in jail and fine will be minor if you lose all your possessions when you get a weed bust in the future in NY.
OK, you do have a point
as i understand it only a felony enables the state to initiate forfeiture
of course i could be wrong, but that's how it's worked in the past
the year in jail you're referring to is about the misdemeanor levels
normally misdemeanor does not go the route of forfeiture


here's the section you're referring to, lets talk it through
NOTE - this is the only section which mentions forfeiture in a negative way, i.e. we take all your stuff
it describes conditions for issuing an injunction, typically injunctions are not part of a bust situation

§ 139. Injunction for unlawful manufacturing, sale or consumption of
26 cannabis. 1. If any person shall engage or participate or be about to
27 engage or participate in the cultivation, production, distribution,
28 traffic, or sale of cannabis products, medical cannabis or hemp cannabis
29 in this state without obtaining the appropriate registration, license,
30 or permit therefor, or shall traffic in cannabis products, medical
31 cannabis or hemp cannabis contrary to any provision of this chapter, or
32 otherwise unlawfully, or shall traffic in illegal cannabis products,
33 medical cannabis or hemp cannabis, or, operating a place for profit or
34 pecuniary gain, with a capacity for the assemblage of twenty or more
35 persons, shall permit a person or persons to come to such place of
36 assembly for the purpose of consuming cannabis products without having
37 the appropriate license or permit therefor, the office may present a
38 verified petition or complaint to a justice of the supreme court at a
39 special term of the supreme court of the judicial district in which such
40 city, village or town is situated, for an order enjoining such person
41 engaging or participating in such activity or from carrying on such
42 business. Such petition or complaint shall state the facts upon which
43 such application is based. Upon the presentation of the petition or
44 complaint, the justice or court may grant an order temporarily restrain-
45 ing any person from continuing to engage in conduct as specified in the
46 petition or complaint, and shall grant an order requiring such person to
47 appear before such justice or court at or before a special term of the
48 supreme court in such judicial district on the day specified therein,
49 not more than ten days after the granting thereof, to show cause why
50 such person should not be permanently enjoined from engaging or partic-
51 ipating in such activity or from carrying on such business, or why such
52 person should not be enjoined from carrying on such business contrary to
53 the provisions of this chapter. A copy of such petition or complaint and
54 order shall be served upon the person, in the manner directed by such
55 order, not less than three days before the return day thereof. On the
56 day specified in such order, the justice or court before whom the same S. 1509 159 A. 2009
1 is returnable shall hear the proofs of the parties and may, if deemed
2 necessary or proper, take testimony in relation to the allegations of
3 the petition or complaint. If the justice or court is satisfied that
4 such person is about to engage or participate in the unlawful traffic in
5 cannabis, medical cannabis or hemp cannabis or has unlawfully culti-
6 vated, processed, or sold cannabis products, medical cannabis or hemp
7 cannabis without having obtained a registration or license or contrary
8 to the provisions of this chapter, or has trafficked in illegal canna-
9 bis, or, is operating or is about to operate such place for profit or
10 pecuniary gain, with such capacity, and has permitted or is about to
11 permit a person or persons to come to such place of assembly for the
12 purpose of consuming cannabis products without having such appropriate
13 license, an order shall be granted enjoining such person from thereafter
14 engaging or participating in or carrying on such activity or business.
15 If, after the entry of such an order in the county clerk's office of the
16 county in which the principal place of business of the corporation or
17 partnership is located, or in which the individual so enjoined resides
18 or conducts such business, and the service of a copy thereof upon such
19 person, or such substituted service as the court may direct, such
20 person, partnership or corporation shall, in violation of such order,
21 cultivate, process, distribute or sell cannabis products, medical canna-
22 bis or hemp cannabis, or illegal cannabis products, medical cannabis or
23 hemp cannabis, or permit a person or persons to come to such place of
24 assembly for the purpose of consuming cannabis products, such activity
25 shall be deemed a contempt of court and be punishable in the manner
26 provided by the judiciary law, and, in addition to any such punishment,
27 the justice or court before whom or which the petition or complaint is
28 heard, may, in his or its discretion, order the seizure and forfeiture
29 of any cannabis products and any fixtures, equipment and supplies used
30 in the operation or promotion of such illegal activity and such property
31 shall be subject to forfeiture pursuant to law. Costs upon the applica-
32 tion for such injunction may be awarded in favor of and against the
33 parties thereto in such sums as in the discretion of the justice or
34 court before whom or which the petition or complaint is heard may seem
35 proper.
36 2. The owner, lessor and lessee of a building, erection or place where
37 cannabis products, medical cannabis or hemp cannabis is unlawfully
38 cultivated, processed, distributed, sold, consumed or permitted to be
39 unlawfully cultivated, processed, distributed, sold or consumed may be
40 made a respondent or defendant in the proceeding or action.
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Old 02-09-2019, 02:45 PM #43
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the bottom, bottom,bottom line is the state wants the $$$... nothing else matters...
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Old 02-09-2019, 03:10 PM #44
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the bottom, bottom,bottom line is the state wants the $$$... nothing else matters...
that summarizes it nicely
at the moment it's still a work in progress
and from what i've been able to glean, Cuomo's plan is not a slam dunk, at least not yet
the penalties for growing are nearly a carbon copy of existing law
there are plenty in the assembly/senate who will not like that
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Old 02-14-2019, 11:54 PM #45
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been a little while since much mention of the bill's progress
which from what i can see isn't progressing
Cuomo tried to bum rush this sales only piece of crap
didn't seem to work, the senate/assembly want to discuss it
thumbs up for that and hoping for better
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Old 02-15-2019, 05:31 AM #46
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It's not a bill, it's part of the budget that will get voted on in April.
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Old 02-15-2019, 03:34 PM #47
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It's not a bill, it's part of the budget that will get voted on in April.
call it legislation then, but will it stay in the budget?
i don't see much support for it, and the feedback out there implies it won't stay in the budget
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