Bill Text: NY A08803 | 2021-2022 | General Assembly | Introduced

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

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2022-01-12 - referred to economic development [A08803 Detail]

Download: New_York-2021-A08803-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8803

                   IN ASSEMBLY

                                    January 12, 2022
                                       ___________

        Introduced by M. of A. BYRNES -- 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
    26  registered  organizations,  adult-use  cannabis  licenses or cannabinoid
    27  hemp licenses. However, towns, cities and villages may pass  local  laws
    28  and regulations governing the time, place and manner of the operation of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13547-01-1
        A. 8803                             2

     1  licensed  adult-use cannabis retail dispensaries and/or on-site consump-
     2  tion site, provided such law or regulation does not make  the  operation
     3  of such licensed retail dispensaries or on-site consumption sites unrea-
     4  sonably impracticable as determined by the board.
     5    2.  Any  county,  town,  city  or village may adopt a local law, rule,
     6  ordinance, regulation  or  prohibition  regarding  public  places  where
     7  adult-use  cannabis  may  be  consumed within such county, town, city or
     8  village.
     9    § 2. This act shall take effect immediately.