§ 136. Illicit cannabis. 1. "Illicit cannabis" means and includes any\ncannabis flower, concentrated cannabis and cannabis product on which any\ntax required to have been paid under any applicable state law, has not\nbeen paid. Illicit cannabis shall not include any cannabis lawfully\npossessed in accordance with this chapter or the penal law.\n 2. Any person holding a license, permit or registration under this\nchapter who shall knowingly possess or have under his or her control any\ncannabis known by the person to be illicit cannabis is guilty of a class\nB misdemeanor.\n 3. Any person holding a license, permit or registration pursuant to\nthis chapter who shall knowingly barter, exchange, give or sell, or\noffer to barter, exchange, give or sell any cannabis known by the person\nto be illicit cannabis is guilty of a misdemeanor.\n 4. Any person holding a license, permit or registration pursuant to\nthis chapter who shall knowingly possess or have under his or her\ncontrol or transport any cannabis known by the person to be illicit\ncannabis with intent to barter, exchange, give or sell such cannabis is\nguilty of a class B misdemeanor.\n 5. Any person who, being the owner, lessee or occupant of any room,\nshed, tenement, booth, building, float, vessel or part thereof who\nknowingly permits the same to be used for the cultivation, processing,\ndistribution, purchase, sale, warehousing or transportation of any\ncannabis, in violation of a possession limit in the penal law, known by\nthe person to be illicit cannabis, is guilty of a violation.\n
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