§ 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.