New York State Senator Jack Martins introduced Senate Bill 5637 today, which has been referred to the Senate Investigations and Government Operations Committee.
The legislation would amend the state’s cannabis law to prohibit cannabis retail storefronts and on-site consumption venues from operating within a quarter mile of municipalities that have opted out of allowing such businesses.
The bill would modify Section 72 and Section 77 of the cannabis law by adding provisions preventing cannabis retail licensees from operating within a quarter mile of any town, city, or village that has enacted local laws requesting the Cannabis Control Board to prohibit retail dispensary and on-site consumption licenses within their jurisdiction. If enacted, the bill would take effect immediately.
New York legalized adult-use marijuana on March 31, 2021, with the passage of the Marijuana Regulation and Taxation Act (MRTA). This law allows individuals 21 and older to possess and purchase marijuana and created a regulated marketplace. The Office of Cannabis Management and the Cannabis Control Board were established to oversee the state’s cannabis industry.
Under the MRTA, municipalities had until December 31, 2021, to pass local laws opting out of allowing adult-use cannabis dispensaries and on-site consumption lounges within their boundaries. Many municipalities chose to opt out, though some have since reconsidered. Senate Bill 5637 would reinforce local decisions by ensuring cannabis businesses are not located too close to municipalities that have chosen to ban them.
