§ 132. Penalties for violation of this chapter. 1.(a) Any person who\ncultivates for sale, offers to sell, or sells cannabis, cannabis\nproducts, medical cannabis, or any product marketed or labeled as such,\nwithout having an appropriate registration, license or permit therefor,\nincluding a person whose registration, license, or permit has been\nrevoked, surrendered or cancelled, where such person is engaging in\nactivity for which a license would be required under this chapter, may\nbe subject to a civil penalty of not more than ten thousand dollars for\neach day during which such violation continues and an additional civil\npenalty in an amount of no more than five times the revenue from such\nprohibited sales or, in an amount of no more than three times the\nprojected revenue for any such product found in the possession of such\nperson based on the retail list price of such products; provided,\nhowever, that any such person who engages in such activity from a\nresidence or other real property not otherwise held out as open to the\npublic or otherwise being utilized in a business or commercial manner or\nany private vehicle on or about same such property, and the quantity of\nsuch product on such premises or vehicle does not exceed the limits of\npersonal use under article two hundred twenty-two of the penal law, may\nbe subject to a civil penalty of no more than five thousand dollars.\n Provided, further, that where such person has been ordered to cease\nsuch conduct pursuant to subdivision one of section one hundred\nthirty-eight-a of this article, such person may be assessed a civil\npenalty of no more than twenty thousand dollars per day for each day\nduring which such violation continues after receiving such order in\naddition to the additional civil penalties set forth above; provided,\nhowever, that any such person who engages in such activity from a\nresidence or other real property not otherwise held out as open to the\npublic or otherwise being utilized in a business or commercial manner or\nany private vehicle on or about same such property, and the quantity of\nsuch product on such premises or vehicle does not exceed the limits of\npersonal use under article two hundred twenty-two of the penal law, may\nbe subject to a civil penalty of no more than ten thousand dollars.\n (b) If a person engaging in the conduct described in paragraph (a) of\nthis subdivision or subdivision one-a of this section refuses to permit\nthe office or the board from performing a regulatory inspection, such\nperson may be assessed a civil penalty of up to eight thousand dollars\nfor a first refusal and up to fifteen thousand dollars for a second or\nsubsequent refusal within three years of a prior refusal. If the office\nor board is not permitted access for a regulatory inspection pursuant to\nsection ten or section eleven of this chapter, as applicable, by such\nperson, the attorney general, upon the request of the office or the\nboard, shall be authorized to apply, without notice to such person, to\nthe supreme court in the county in which the place of business is\nlocated for an order granting the office or board access to such place\nof business. The court may grant such an order if it determines, based\non evidence presented by the attorney general, that there is reasonable\ncause to believe that such place of business is a place of business\nwhich does not possess a valid registration, license, or permit issued\nby the office or board.\n (c) In assessing the civil penalties under this subdivision or\nsubdivision one-a of this section, the board or office shall take into\nconsideration the nature of such violation and shall assess a penalty\nthat is proportionate to the violation; provided, however, that an\naffidavit from a representative of the office, the office of the\nattorney general, or a local government, or a local police officer\nconfirming the presence of conduct described in this subdivision or\nsubdivision one-a of
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