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.
