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S09155 Summary:

S09155 Actions:

S09155 Committee Votes:

S09155 Floor Votes:

S09155 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9155
 
                    IN SENATE
 
                                    February 8, 2026
                                       ___________
 
        Introduced  by  Sen.  KRUEGER  --  (at request of the Office of Cannabis
          Management) -- read twice and ordered printed, and when printed to  be
          committed to the Committee on Rules
 
        AN  ACT to amend the cannabis law, in relation to the location of adult-
          use retail dispensaries near schools and houses  of  worship;  and  to
          repeal certain provisions of such law relating thereto

          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 Subdivision 6 of section 72 of the cannabis law is REPEALED
     2  and a new subdivision 6 is added 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.
     8    (b) No premises with a license issued pursuant  to  this  section,  or
     9  section  sixty-eight-a of this article, or section seventy-three of this
    10  article that allows for the retail sale of adult-use cannabis, shall  be
    11  located  on  the  same  street and within two hundred feet of a building
    12  exclusively occupied as a house of worship.
    13    (c) The measurements in paragraphs (a) and (b) of this subdivision are
    14  to be taken in straight lines from the center of the nearest entrance of
    15  the premises sought to be licensed to the center of the nearest entrance
    16  of such school or house of worship.
    17    (d) For purposes of this subdivision: (i) The  word  "entrance"  shall
    18  mean:  (A) a door of a school regularly used to give ingress to students
    19  of the school; (B) a door of a house of worship regularly used  to  give
    20  ingress  to  the general public attending the house of worship; or (C) a
    21  door of the premises sought  to  be  licensed  regularly  used  to  give
    22  ingress to customers of such premises.
    23    (ii) A door which has no exterior hardware, or which is used solely as
    24  an  emergency  or fire exit, or for maintenance or delivery purposes, or
    25  which leads directly to a part of  a  building  not  regularly  used  by
    26  students  of  the  school,  the  general  public  attending the house of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14812-01-6
        S. 9155                             2
 
     1  worship, or customers of the premises sought  to  be  licensed,  is  not
     2  deemed an "entrance".
     3    (iii)  If  the  school,  house  of  worship  or  premises sought to be
     4  licensed is set back from a public thoroughfare, the walkway  or  stairs
     5  leading  to  any such door shall be deemed an entrance; and the measure-
     6  ment shall be taken to the center of the walkway or stairs at the  point
     7  where it meets the building line or public thoroughfare.
     8    (e)(i)  For  purposes of paragraph (b) of this subdivision, a building
     9  occupied as a house of worship does not cease to be "exclusively"  occu-
    10  pied as such by incidental uses that are not of a nature to detract from
    11  the predominant character of the building as a house of worship.
    12    (ii)  Such  uses  include,  but are not limited to: (A) the conduct of
    13  legally authorized games of bingo or other games of  chance  held  as  a
    14  means  of  raising  funds  for the not-for-profit religious organization
    15  which conducts services at the house of worship or  for  other  not-for-
    16  profit organizations or groups; (B) use of the building for fund-raising
    17  performances by or benefitting the not-for-profit religious organization
    18  which  conducts services at the house of worship or other not-for-profit
    19  organizations or groups; (C) the use of the building by other  religious
    20  organizations  or  groups  for religious services or other purposes; (D)
    21  the conduct of social activities by or for the benefit  of  the  congre-
    22  gants  of the house of worship; (E) the use of the building for meetings
    23  held by organizations or  groups  providing  bereavement  counseling  to
    24  persons  having suffered the loss of a loved one, or providing advice or
    25  support for conditions or diseases including, but not limited to,  alco-
    26  holism,  drug addiction, cancer, cerebral palsy, Parkinson's disease, or
    27  Alzheimer's disease; (F) the use  of  the  building  for  blood  drives,
    28  health  screenings,  health information meetings, yoga classes, exercise
    29  classes or other activities  intended  to  promote  the  health  of  the
    30  congregants or other persons; and (G) use of the building by non-congre-
    31  gant members of the community for private social functions.
    32    (iii) The building occupied as a house of worship does not cease to be
    33  "exclusively" occupied as such where the not-for-profit religious organ-
    34  ization  occupying  the house of worship accepts the payment of funds to
    35  defray costs related to another party's use of the building.
    36    (f)  No  renewal  of  a  license  shall  be  denied  because  of   the
    37  restrictions in paragraphs (a) or (b) of this subdivision.
    38    (g)  When  evaluating an application for compliance with this subdivi-
    39  sion, the proximity of the premises sought to be licensed to a school or
    40  house of worship shall be determined based on the  date  such  applicant
    41  submits its location to the office.
    42    § 2. This act shall take effect immediately; provided that any license
    43  issued  pursuant  to section 68-a of the cannabis law, section 72 of the
    44  cannabis law, or a license issued pursuant to section 73 of the cannabis
    45  law that allows for the retail sale of adult use cannabis, issued  prior
    46  to such effective date shall be deemed in compliance with the provisions
    47  of subdivision 6 of section 72 of the cannabis law as added by this act;
    48  and  further provided that any application for a license issued pursuant
    49  to section 68-a of the cannabis law, section 72 of the cannabis law,  or
    50  a  license issued pursuant to section 73 of the cannabis law that allows
    51  for the retail sale of adult use  cannabis,  where  such  applicant  was
    52  advised  in  writing  by the office of cannabis management prior to such
    53  effective date that its location complied with the  proximity  standards
    54  with  respect  to schools and houses of worship, shall be subject to and
    55  reviewed for compliance with respect to proximity to schools and  houses
    56  of  worship  using  the  procedures of the office of cannabis management
        S. 9155                             3
 
     1  utilized prior to July 28, 2025, and  all  other  applications  of  such
     2  licenses  shall  be  subject  to  and  reviewed for compliance under the
     3  provisions of subdivision 6 of section 72 of the cannabis law  as  added
     4  by this act.