Bill Text: NY A08025 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Prohibits the use of cannabis within thirty feet of a child or within thirty feet of any location in which children reside or attend for any recreational or educational purpose; provides for increased penalties for a second or subsequent violation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to codes [A08025 Detail]

Download: New_York-2023-A08025-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8025

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                   September 13, 2023
                                       ___________

        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Codes

        AN ACT to amend the penal law, in relation to restrictions  on  cannabis
          use near children

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

     1    Section 1. Section 222.10 of the penal law, as added by chapter 92  of
     2  the laws of 2021, is amended to read as follows:
     3  § 222.10 Restrictions on cannabis use.
     4    Unless otherwise authorized by law or regulation, no person shall:
     5    1. smoke or vape cannabis in a location where smoking or vaping canna-
     6  bis  is  prohibited  pursuant to article thirteen-E of the public health
     7  law; [or]
     8    2. smoke, vape or ingest cannabis or concentrated cannabis in or  upon
     9  the grounds of a school, as defined in subdivision ten of section eleven
    10  hundred  twenty-five  of  the education law or in or on a school bus, as
    11  defined in section one hundred forty-two of the vehicle and traffic law;
    12  provided, however, provisions of this subdivision  shall  not  apply  to
    13  acts that are in compliance with article three of the cannabis law; or
    14    3.  smoke  or  vape  cannabis  within thirty feet of a child or within
    15  thirty feet of any location in which children reside or attend  for  any
    16  recreational or educational purpose, including areas separated by walls,
    17  closed doors or floors within a building.
    18    Notwithstanding  any  other section of law, violations of restrictions
    19  on cannabis use are subject to a civil penalty not exceeding twenty-five
    20  dollars or an amount of community service not  exceeding  twenty  hours;
    21  provided  that  for a second or subsequent violation of the restrictions
    22  set forth in subdivision three  of  this  section,  a  person  shall  be
    23  charged with a class B misdemeanor.
    24    §  2.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11910-02-3