Bill Text: NY A00036 | 2025-2026 | General Assembly | Introduced

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Bill Title: Prohibits any cannabis related advertisements in establishments within a certain distance from schools; increases penalties for prohibited advertisement of tobacco and cannabis products; requires enforcement inspections.

Spectrum: Slight Partisan Bill (Democrat 21-13)

Status: (Introduced) 2025-01-08 - referred to health [A00036 Detail]

Download: New_York-2025-A00036-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           36

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  M.  of A. ZACCARO, BUTTENSCHON, SEAWRIGHT, CRUZ, COLTON,
          DAVILA, RAGA, CHANG, GANDOLFO,  MIKULIN,  GRAY,  K. BROWN,  McDONOUGH,
          GALLAHAN,  BURDICK,  LUCAS, LUNSFORD, EPSTEIN, STIRPE, DILAN, HYNDMAN,
          BICHOTTE HERMELYN, JENSEN, NOVAKHOV, SMULLEN, SLATER, LEMONDES, ZINER-
          MAN, STECK, PHEFFER AMATO, REYES -- Multi-Sponsored by  --  M.  of  A.
          SIMON,  WALSH,  WOERNER  -- read once and referred to the Committee on
          Health

        AN ACT to amend the public health law, in relation to public display  or
          advertisements of cannabis products

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 1399-dd-1 of the public health  law,  as  added  by
     2  section  13  of part EE of chapter 56 of the laws of 2020, is amended to
     3  read as follows:
     4    § 1399-dd-1. Public display of tobacco product  and  electronic  ciga-
     5  rette  advertisements  and  smoking  paraphernalia  prohibited.  1.  For
     6  purposes of this section:
     7    (a)  "Advertisement"  means  words,  pictures,  photographs,  symbols,
     8  graphics or visual images of any kind, or any combination thereof, which
     9  bear a health warning required by federal statute, the purpose or effect
    10  of  which  is to identify a brand of a tobacco product, electronic ciga-
    11  rette, or vapor product intended or reasonably expected to be used  with
    12  or  for  the  consumption of nicotine, a trademark of a tobacco product,
    13  electronic cigarette, or vapor product intended or  reasonably  expected
    14  to  be  used  with or for the consumption of nicotine [or], a trade name
    15  associated exclusively with a tobacco product, electronic cigarette,  or
    16  vapor product intended or reasonably expected to be used with or for the
    17  consumption of nicotine or to promote the use or sale of a tobacco prod-
    18  uct,  electronic  cigarette,  or  vapor  product  intended or reasonably
    19  expected to be used with or for the consumption of nicotine,  or  words,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00447-01-5
        A. 36                               2

     1  pictures,  photographs,  symbols, graphics or visual images of any kind,
     2  or any combination thereof which are associated  with  cannabis  use  or
     3  cannabis  products  as  defined in section three of the cannabis law and
     4  which  are  intended  or reasonably expected to promote the sale of such
     5  products.
     6    (b) "Smoking paraphernalia" means any pipe, water pipe, hookah,  roll-
     7  ing  papers, electronic cigarette, vaporizer or any other device, equip-
     8  ment or apparatus designed for the inhalation of tobacco or nicotine.
     9    (c) "Vapor product" means any vapor product,  as  defined  by  section
    10  thirteen  hundred ninety-nine-aa of this article, intended or reasonably
    11  expected to be used with or for the consumption of nicotine.
    12    (d) "Tobacco products" shall have the same meaning as  in  subdivision
    13  five of section thirteen hundred ninety-nine-aa of this article.
    14    (e)  "Electronic cigarette" shall have the same meaning as in subdivi-
    15  sion thirteen of section thirteen hundred ninety-nine-aa of  this  arti-
    16  cle.
    17    2.  (a)  No person, corporation, partnership, sole proprietor, limited
    18  partnership, association or any other business entity may  place,  cause
    19  to  be  placed, maintain or to cause to be maintained, smoking parapher-
    20  nalia or advertisements for any tobacco product,  electronic  cigarette,
    21  or  vapor product intended or reasonably expected to be used with or for
    22  the consumption of nicotine [advertisements] in a store front or exteri-
    23  or window or any door which is used for entry or egress by the public to
    24  the building or structure containing a  place  of  business  within  one
    25  thousand  five  hundred  feet of a school, provided that within New York
    26  city such prohibitions shall only apply within five hundred  feet  of  a
    27  school.
    28    (b)  Any  person,  corporation,  partnership, sole proprietor, limited
    29  partnership, association or any other business entity  in  violation  of
    30  this  section  shall be subject to a civil penalty of not more than five
    31  [hundred] thousand dollars for a first violation and not more than [one]
    32  ten thousand dollars for a second or subsequent violation.
    33    3. An enforcement officer, or  the  department  where  no  enforcement
    34  officer has been designated, shall conduct random inspections on a quar-
    35  terly  basis  of each retail dealer licensed to sell cigarettes, tobacco
    36  products, or vapor products at establishments located within the  juris-
    37  diction  of  such enforcement officer or office, to determine compliance
    38  with the provisions of this section.
    39    § 2. This act shall take effect on the thirtieth day  after  it  shall
    40  have become a law.