NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10140
SPONSOR: Zinerman TITLE OF BILL:
An act to amend the cannabis law, in relation to the location of adult-
use retail dispensaries near schools and houses of worship; and to
repeal certain provisions of such law relating thereto
PURPOSE OF THE BILL:
To amend the Cannabis Law to clarify licensing restrictions for premises
in proximity to schools and places of worship, and how current licensees
and formerly submitted applications should be evaluated for compliance
with the same.
SUMMARY OF PROVISIONS:
Section 1 amends section 72 of the Cannabis Law to repeal current subdi-
vision 6 and to add a new subdivision 6, forbidding licenses for sites
on the same street and within 500 feet of a school, or on the same
street and within 200 feet of a building exclusively occupied as a place
of worship. The new subdivision also provides definitions and rules of
construction for the purpose of evaluating applications subject to it.
Section 2 provides the effective date, deems all licenses issued prior
to the effective date to be in compliance with the law as amended, and
provides that applications for a license submitted prior to the effec-
tive date where such applicant was advised in writing by Office of
Cannabis Management (OCM) prior to the effective date that its location
complied with the proximity standards with respect to schools and houses
of worship shall be reviewed for compliance with the OCM procedure in
place prior to July 28, 2025.
PRIOR LEGISLATIVE HISTORY:
None
JUSTIFICATION:
This proposal would clarify that, when measuring the distance for a
school or place of worship to the premises of a licensed cannabis
retailer, the relevant endpoints are entrances providing regular
ingress. The amendment would codify the "door-to-door" policy that had
been in place at OCM prior to July 28, 2025, and would grandfather in
licenses granted as well as certain applications previously submitted
under that standard.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediate.
