Prohibits cannabis retail and on-site consumption licensees from operating such premises within one thousand feet of the perimeter of a school grounds; prohibits the advertising and marketing of cannabis content within one thousand feet of the perimeter of a school grounds, playgrounds, child day care providers, public parks, and libraries.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8589
SPONSOR: Pheffer Amato TITLE OF BILL:
An act to amend the cannabis law, in relation to prohibiting cannabis
retail and on-site consumption licensees from operating such premises
within one thousand feet of the perimeter of a school grounds
PURPOSE OF BILL:
The purpose of this bill is to prohibit cannabis retail and on-site
consumption licensees from operating such premises within one thousand
feet of the perimeter of a school grounds, in addition to a playground,
child day care providers, public park, or library.
SUMMARY OF PROVISIONS:
Section 1. Amends section 72 of the Cannabis Law, by amending subsection
6 by increasing the distance between a cannabis retail licensee store-
front and the perimeter of school grounds and the perimeter of a house
of worship.
Section 2. Amends section 77 of the Cannabis Law, by amending subsection
4 by increasing the distance between an adult-use on-site consumption
license for any premises and the perimeter of school grounds and the
perimeter of a house of worship.
Section 3. Amends section 86 of the Cannabis Law, by amending paragraph
(e) of subsection 2 by increasing the distance between a cannabis retail
storefront or on-site consumption licensees and the perimeter of a
school grounds, playground, child day care providers, public park, or
library.
Section 4. The effective date.
JUSTIFICATION:
Currently, a legal marijuana dispensary could open as long as it is 500
feet from a school. As it is understood, that measurement starts from
the front or main door. This could potentially allow a dispensary'to
open across the street, or even down the block if the spacing is
correct. This bill would ensure that a marijuana dispensary could not
open close to a school by expanding the distance from 500 feet to 1000
feet, but also clarifying that it must be 1000 feet away from the entire
school perimeter, in addition to a playground, child day care provider,
public park or library.
PRIOR LEGISLATIVE HISTORY:
None
EFFECTIVE DATE:
Shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8589
IN ASSEMBLY
January 12, 2024
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Economic Development
AN ACT to amend the cannabis law, in relation to prohibiting cannabis
retail and on-site consumption licensees from operating such premises
within one thousand feet of the perimeter of a school grounds
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 72 of the cannabis law is amended
2 to read as follows:
3 6. No cannabis retail licensee shall locate a storefront within [five
4 hundred] one thousand feet of the perimeter of a school grounds as such
5 term is defined in the education law or within two hundred feet of a
6 house of worship.
7 § 2. Subdivision 4 of section 77 of the cannabis law is amended to
8 read as follows:
9 4. No applicant shall be granted an adult-use on-site consumption
10 license for any premises within [five hundred] one thousand feet of the
11 perimeter of a school grounds as such term is defined in the education
12 law or two hundred feet from a house of worship.
13 § 3. Paragraph (e) of subdivision 2 of section 86 of the cannabis law
14 is amended to read as follows:
15 (e) is within or is readily observed within [five hundred] one thou-
16 sand feet of the perimeter of a school grounds, playground, child day
17 care providers, public park, or library;
18 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13695-02-3
