New York S 3479: Allows municipalities to regulate public places where cannabis can be consumed

Bill Text

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S03479 Summary:

BILL NOS03479 

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SAME ASNo Same As

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SPONSORHELMING

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COSPNSRBORRELLO

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MLTSPNSR

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Amd §131, Cannabis L

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

Go to top S03479 Actions:

BILL NOS03479 

&nbsp

01/27/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Go to topS03479 Committee&nbspVotes:

Go to topS03479 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03479 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3479

 2025-2026 Regular Sessions

 IN SENATE

 January 27, 2025
 ___________

 Introduced by Sens. HELMING, BORRELLO -- read twice and ordered printed,
 and when printed to be committed to the Committee on Investigations
 and Government Operations

 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, subdivision 3 as added by
 2 section 10 of the part G of chapter 55 of laws of 2024, is amended to
 3 read as follows:
 4 § 131. Local opt-out; municipal control and preemption. 1. (a) The
 5 licensure and establishment of a retail dispensary license and/or
 6 on-site consumption license under the provisions of article four of this
 7 chapter authorizing the retail sale of adult-use cannabis to cannabis
 8 consumers shall not be applicable to a town, city or village which,
 9 after the effective date of this chapter, and, on or before the later of
 10 December thirty-first, two thousand twenty-one or nine months after the
 11 effective date of this section, adopts a local law, subject to permis-
 12 sive referendum governed by section twenty-four of the municipal home
 13 rule law, requesting the cannabis control board to prohibit the estab-
 14 lishment of such retail dispensary licenses and/or on-site consumption
 15 licenses contained in article four of this chapter, within the jurisdic-
 16 tion of the town, city or village. Provided, however, that any town law
 17 shall apply to the area of the town outside of any village within such
 18 town. No local law may be adopted after the later of December thirty-
 19 first, two thousand twenty-one or nine months after the effective date
 20 of this section prohibiting the establishment of retail dispensary
 21 licenses and/or on-site consumption licenses; provided, however, that a
 22 local law repealing such prohibition may be adopted after such date.
 23 [2.] (b) Except as provided for in [subdivision one] paragraph (a) of
 24 this [section] subdivision, all county, town, city and village governing

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07395-01-5

 S. 3479 2

 1 bodies are hereby preempted from adopting any law, rule, ordinance,
 2 regulation or prohibition pertaining to the operation or licensure of
 3 registered organizations, adult-use cannabis licenses or cannabinoid
 4 hemp licenses. However, towns, cities and villages may pass local laws
 5 and regulations governing the time, place and manner of the operation of
 6 licensed adult-use cannabis retail dispensaries and/or on-site consump-
 7 tion site, provided such law or regulation does not make the operation
 8 of such licensed retail dispensaries or on-site consumption sites unrea-
 9 sonably impracticable as determined by the board.
 10 2. Any county, town, city or village may adopt a local law, rule,
 11 ordinance, regulation or prohibition regarding public places where
 12 adult-use cannabis may be consumed within such county, town, city or
 13 village.
 14 3. (a) As used in this subdivision and for purposes of any local law
 15 adopted pursuant to it, the following terms shall have the following
 16 meanings: "person" shall have the meaning provided for in subdivision
 17 forty-a of section three of this chapter; "unlicensed activity" shall
 18 refer only to unlawfully selling cannabis, cannabis product, or any
 19 product marketed or labeled as such without obtaining the appropriate
 20 registratio