Bill Text: NY A02434 | 2023-2024 | General Assembly | Introduced

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Bill Title: Allows municipalities to regulate public places where cannabis can be consumed.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced) 2024-01-03 - referred to economic development [A02434 Detail]

Download: New_York-2023-A02434-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2434

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced  by  M.  of  A. BYRNES, BRABENEC, DeSTEFANO, SAYEGH, TAGUE --
          read once and referred to the Committee on Economic Development

        AN ACT to amend the cannabis law, in relation to allowing municipalities
          to regulate public places where cannabis can be consumed

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

     1    Section  1.  Section  131  of  the  cannabis law is amended to read as
     2  follows:
     3    § 131. Local opt-out; municipal control and  preemption.  1.  (a)  The
     4  licensure  and  establishment  of  a  retail  dispensary  license and/or
     5  on-site consumption license under the provisions of article four of this
     6  chapter authorizing the retail sale of adult-use  cannabis  to  cannabis
     7  consumers  shall  not  be  applicable  to a town, city or village which,
     8  after the effective date of this chapter, and, on or before the later of
     9  December thirty-first, two thousand twenty-one or nine months after  the
    10  effective  date  of this section, adopts a local law, subject to permis-
    11  sive referendum governed by section twenty-four of  the  municipal  home
    12  rule  law,  requesting the cannabis control board to prohibit the estab-
    13  lishment of such retail dispensary licenses and/or  on-site  consumption
    14  licenses contained in article four of this chapter, within the jurisdic-
    15  tion  of the town, city or village. Provided, however, that any town law
    16  shall apply to the area of the town outside of any village  within  such
    17  town.    No local law may be adopted after the later of December thirty-
    18  first, two thousand twenty-one or nine months after the  effective  date
    19  of  this  section  prohibiting  the  establishment  of retail dispensary
    20  licenses and/or on-site consumption licenses; provided, however, that  a
    21  local law repealing such prohibition may be adopted after such date.
    22    [2.]  (b) Except as provided for in [subdivision one] paragraph (a) of
    23  this [section] subdivision, all county, town, city and village governing
    24  bodies are hereby preempted from  adopting  any  law,  rule,  ordinance,
    25  regulation  or  prohibition  pertaining to the operation or licensure of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03971-01-3
        A. 2434                             2

     1  registered organizations, adult-use  cannabis  licenses  or  cannabinoid
     2  hemp  licenses.  However, towns, cities and villages may pass local laws
     3  and regulations governing the time, place and manner of the operation of
     4  licensed  adult-use cannabis retail dispensaries and/or on-site consump-
     5  tion site, provided such law or regulation does not make  the  operation
     6  of such licensed retail dispensaries or on-site consumption sites unrea-
     7  sonably impracticable as determined by the board.
     8    2.  Any  county,  town,  city  or village may adopt a local law, rule,
     9  ordinance, regulation  or  prohibition  regarding  public  places  where
    10  adult-use  cannabis  may  be  consumed within such county, town, city or
    11  village.
    12    § 2. This act shall take effect immediately.