BILL NUMBER: S5270
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the public health law, in relation to public display or
advertisements of cannabis products
 
PURPOSE OR GENERAL IDEA:
To prohibit the advertisement of words, pictures, photographs, symbols,
graphics or visual images of any kind associated with cannabis use or
cannabis products at businesses that sell tobacco products, electronic
cigarettes and smoking paraphernalia.
 
SUMMARY OF SPECIFIC PROVISIONS:
This bill would include words, pictures, photographs, symbols, graphics,
or visual images of any kind, or any combination thereof, which are
associated with cannabis use or cannabis products as defined in section
three of cannabis law. Also, this is intended or reasonably expected to
promote the sale of such products as prohibited advertisements under
Section 1399-dd-1 of the public health law.
This bill would also increase the civil penalties associated with all
violations within this section to not more than $5,000 for a first
violation and not more than $10,000 for a second or subsequent violation
and require that random inspections be conducted on a quarterly basis to
ensure compliance with the provisions of this section.
 
JUSTIFICATION:
Since the legalization of adult-use cannabis and the expansion of the
cannabis retail market, we have seen a rise in the sale of illicit
cannabis by business entities that legitimately sell tobacco products,
smoking paraphernalia, electronic cigarettes and vapor products. This
has impacted the quality of life for residents and increased the likeli-
hood that individuals under 21 years of age will obtain cannabis at
these businesses that are not licensed by the state to sell adult-use
cannabis.
Existing public health law prohibits the advertisement of tobacco
products, electronic cigarettes and smoking paraphernalia within 1,500
feet of a school and within 500 feet of a school if the school is
located within New York City and includes civil penalties for violations
of the law.
This bill prohibits words, pictures, photographs, symbols, graphics or
visual images of any kind, or any combination thereof, which are associ-
ated with cannabis use or cannabis products that are intended or reason-
ably expected to promote the sale of such products as prohibited adver-
tisements, increase the civil penalties for a first violation to not
more than $5,000 and not more than $10,000 for a second or subsequent
violation. Finally, this bill requires that an enforcement officer
conduct random inspections on a quarterly basis of businesses which are
licensed to sell tobacco products, electronic cigarettes and smoking
paraphernalia.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S7174 - Referred to Health
 
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

Statutes affected:
S5270: 1399-dd-1 public health law