NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7612 Revised 7/27/2023
SPONSOR: Novakhov TITLE OF BILL:
An act prohibiting the public use of cannabis, unless approved by the
applicable local government
PURPOSE:
To prohibit the public use of cannabis.
SUMMARY OF PROVISIONS:
Section 1 includes the legislative intent.
Section 2 prohibits the use of cannabis in public places, unless these
have been designated for cannabis use by the local government.
Section 3 imposes a fine of $125 for violations of the provisions of
section 2.
Section 4 directs the Cannabis Control Board, in conjunction with local
governments, to promulgate rules and regulations needed to implement
these provisions.
Section 5 includes the effective date.
JUSTIFICATION:
The Marijuana Regulation and Taxation Act of 2019 (MRTA) was a complex
piece of legislation which legalized the sale, possession, and consump-
tion of adult-use cannabis for recreational purposes. Much like alcohol
prohibition in the early 1900s, cannabis prohibition has largely failed
to discourage cannabis use, and the law reflects society's evolving
perceptions of cannabis consumption by responsible and informed adults.
However, while well intentioned, the law did not address several practi-
cal challenges that have complicated our government's duty to balance
the freedom of individuals with the welfare of the general public.
The consumption of cannabis is comparable to alcohol in terms of indi-
vidual and social consequence, and much like alcohol, on-site consump-
tion of cannabis is legal in qualified establishments. Unlike alcohol,
however, there is no provision in-NYS Law prohibiting the public
consumption of cannabis, meaning an individual has no obligation to
limit their use of cannabis to the privacy of their own home or to a
regulated venue. These establishments expend significant resources to
comply with laws and regulations, and the widespread public consumption
of cannabis is a disservice to small business owners who have worked
hard to create a safe environment where adults can responsibly enjoy
cannabis. Besides hurting small businesses, public consumption and
intoxication, whether by cannabis or by alcohol, encourages a general
disregard for the norms and expectations of society and reflects poorly
upon those who choose to consume responsibly. In addition to the poten-
tial hazards of public intoxication, the odor of cannabis is considered
unpleasant by many people, and second-hand cannabis smoke can create or
exacerbate many of the same health issues as second-hand tobacco smoke.
Given that the public consumption of cannabis creates many of the same
issues as the public consumption of alcohol or tobacco, it's incumbent
upon New York State to protect public health and quality of life. This
bill would fulfill this responsibility by ensuring that consumption of
cannabis is restricted to private residences or lawful establishments,
levying a $125 fine for each such violation. The bill also maintains the
autonomy of municipalities by allowing them to pass local ordinances to
permit the public consumption of cannabis in certain locations by lawful
users. Ultimately, this legislation seeks to protect the health and
welfare of the general public, support responsible small businesses, and
respect the authority of local governments.
LEGISLATIVE HISTORY:
New Bill
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7612
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. NOVAKHOV -- read once and referred to the Commit-
tee on Economic Development
AN ACT prohibiting the public use of cannabis, unless approved by the
applicable local government
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature finds that cannabis has
2 been legalized for personal use in New York state. Smoking cannabis in
3 public places can be disruptive and harmful to non-smokers. Fines for
4 smoking tobacco in public places have been effective in reducing public
5 smoking rates and fines for smoking cannabis in public places can help
6 enforce public health and safety regulations while reducing the burden
7 on law enforcement agencies.
8 § 2. Notwithstanding any other provision of law to the contrary, smok-
9 ing or using cannabis in any public place, including but not limited to
10 streets, sidewalks, parks, and outdoor patios of restaurants and bars,
11 shall be prohibited, unless designated for cannabis use by the local
12 government.
13 § 3. Any person found to be in violation of the provisions of section
14 two of this act shall be subject to a fine of one hundred twenty-five
15 dollars, to be paid to the local government where the violation
16 occurred, within thirty days of receiving such violation.
17 § 4. The cannabis control board, in conjunction with local govern-
18 ments, shall establish regulations and guidelines for the implementation
19 and enforcement of this act, including but not limited to the definition
20 of a public place and the designation of areas for cannabis use.
21 § 5. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11419-01-3
