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S09426 Summary:

BILL NOS09426
 
SAME ASNo Same As
 
SPONSORBYNOE
 
COSPNSR
 
MLTSPNSR
 
Amd §§72 & 77, Cannabis L
 
Relates to proximity restrictions for adult-use cannabis retail dispensaries and on-site consumption licenses; provides that such dispensaries shall not be located within 500 feet of a public library or an association library.
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S09426 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9426
 
                    IN SENATE
 
                                     March 11, 2026
                                       ___________
 
        Introduced  by  Sen.  BYNOE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        AN ACT to amend the cannabis law, in relation to proximity  restrictions
          for  adult-use  cannabis  retail  dispensaries and on-site consumption
          licenses
 
          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, as added
     2  by chapter 2 of the laws of 2026, is amended to read as follows:
     3    6. (a) No premises with a license issued pursuant to this section,  or
     4  section  sixty-eight-a of this article, or section seventy-three of this
     5  article that allows for the retail sale of adult-use cannabis, shall  be
     6  located  on  the  same street and within five hundred feet of a building
     7  containing a school or a building containing a public library or associ-
     8  ation library.
     9    (b) No premises with a license issued pursuant  to  this  section,  or
    10  section  sixty-eight-a of this article, or section seventy-three of this
    11  article that allows for the retail sale of adult-use cannabis, shall  be
    12  located  on  the  same  street and within two hundred feet of a building
    13  exclusively occupied as a house of worship.
    14    (c) The measurements in paragraphs (a) and (b) of this subdivision are
    15  to be taken in straight lines from the center of the nearest entrance of
    16  the premises sought to be licensed to the center of the nearest entrance
    17  of such school, public library  or  association  library,  or  house  of
    18  worship.
    19    (d)  For  purposes  of this subdivision: (i) The word "entrance" shall
    20  mean: (A) a door of a school regularly used to give ingress to  students
    21  of  the  school; (B) a door of a house of worship regularly used to give
    22  ingress to the general public attending the house of worship; [or] (C) a
    23  door of a public library or association library regularly used  to  give
    24  ingress  to  the general public; or (D) a door of the premises sought to
    25  be licensed regularly used to give ingress to customers  of  such  prem-
    26  ises.
    27    (ii) A door which has no exterior hardware, or which is used solely as
    28  an  emergency  or fire exit, or for maintenance or delivery purposes, or
    29  which leads directly to a part of  a  building  not  regularly  used  by
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14526-06-6

        S. 9426                             2
 
     1  students  of  the  school,  the  general  public  attending the house of
     2  worship, the general public entering a  public  library  or  association
     3  library,  or  customers  of  the  premises sought to be licensed, is not
     4  deemed an "entrance".
     5    (iii)  If  the  school,  public library, association library, house of
     6  worship or premises sought to be licensed is  set  back  from  a  public
     7  thoroughfare,  the  walkway  or stairs leading to any such door shall be
     8  deemed an entrance; and the measurement shall be taken to the center  of
     9  the  walkway  or stairs at the point where it meets the building line or
    10  public thoroughfare.
    11    (e)(i) For purposes of paragraph (b) of this subdivision,  a  building
    12  occupied  as a house of worship does not cease to be "exclusively" occu-
    13  pied as such by incidental uses that are not of a nature to detract from
    14  the predominant character of the building as a house of worship.
    15    (ii) Such uses include, but are not limited to:  (A)  the  conduct  of
    16  legally  authorized  games  of  bingo or other games of chance held as a
    17  means of raising funds for  the  not-for-profit  religious  organization
    18  which  conducts  services  at the house of worship or for other not-for-
    19  profit organizations or groups; (B) use of the building for fund-raising
    20  performances by or benefitting the not-for-profit religious organization
    21  which conducts services at the house of worship or other  not-for-profit
    22  organizations  or groups; (C) the use of the building by other religious
    23  organizations or groups for religious services or  other  purposes;  (D)
    24  the  conduct  of  social activities by or for the benefit of the congre-
    25  gants of the house of worship; (E) the use of the building for  meetings
    26  held  by  organizations  or  groups  providing bereavement counseling to
    27  persons having suffered the loss of a loved one, or providing advice  or
    28  support  for conditions or diseases including, but not limited to, alco-
    29  holism, drug addiction, cancer, cerebral palsy, Parkinson's disease,  or
    30  Alzheimer's  disease;  (F)  the  use  of  the building for blood drives,
    31  health screenings, health information meetings, yoga  classes,  exercise
    32  classes  or  other  activities  intended  to  promote  the health of the
    33  congregants or other persons; and (G) use of the building by non-congre-
    34  gant members of the community for private social functions.
    35    (iii) The building occupied as a house of worship does not cease to be
    36  "exclusively" occupied as such where the not-for-profit religious organ-
    37  ization occupying the house of worship accepts the payment of  funds  to
    38  defray costs related to another party's use of the building.
    39    (f)   No  renewal  of  a  license  shall  be  denied  because  of  the
    40  restrictions in paragraphs (a) or (b) of this subdivision.
    41    (g) When evaluating an application for compliance with  this  subdivi-
    42  sion,  the  proximity of the premises sought to be licensed to a school,
    43  public library, association library or house of worship shall be  deter-
    44  mined  based  on  the  date  such  applicant submits its location to the
    45  office.
    46    § 2. Subdivision 4 of section 77 of the cannabis  law  is  amended  to
    47  read as follows:
    48    4.  No  applicant  shall  be  granted an adult-use on-site consumption
    49  license for any premises within five hundred feet of school grounds,  as
    50  such  term  is  defined  in the education law, or a public library or an
    51  association library, as such terms are defined in  section  two  hundred
    52  fifty-three  of  the  education law, or two hundred feet from a house of
    53  worship.
    54    § 3. This act shall take effect on the ninetieth day  after  it  shall
    55  have  become  a  law and shall apply to licenses issued on or after such
    56  date.
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