BILL NUMBER: S5637
SPONSOR: MARTINS
 
TITLE OF BILL:
An act to amend the cannabis law, in relation to prohibiting cannabis
storefronts from being located within a certain distance from any town,
city or village which has opted out of permitting the sale of cannabis
 
PURPOSE:
Prohibits the opening of cannabis dispensaries within a quarter mile of
a municipality that has opted out of the Marijuana Regulations and Taxa-
tion Act
 
SUMMARY OF PROVISIONS:
Section 1. Amends section 72 of the cannabis law by adding a new subdi-
vision 7.
Section 2. Amends section 77 of the cannabis law by adding a new subdi-
vision 4-a. Section 3. Sets the effective date
 
JUSTIFICATION:
The Marijuana Regulations and Taxation Act ("MRTA") clearly indicates
that the license to sell retail cannabis shall only be provided in the
jurisdiction in which the applicant is attempting to sell cannabis.
Additionally, section 131 of that legislation allows counties, towns,
cities, and villages to "opt out" of permitting retail sate of marijuana
and THC products within their jurisdictional borders.
Many municipalities across New York were led to believe that they would
have local control of the sale of these products in their communities
and therefore "opted out." Despite this, cannabis shops are indeed sell-
ing in many communities, opening mere feet from municipal lines.
While the law does provide protections to schools and religious insti-
tutions in neighboring jurisdictions, there is no requirement that
dispensaries not be put at or near borders between jurisdictions,
regardless of whether one of those jurisdictions has opted out. This
oversight has unintentionally created a loophole that has allowed these
shops to set up along jurisdictional borders, just a few feet away from
residential homes in communities that have opted out. This bill simply
would prohibit marijuana dispensaries from locating within a quarter
mite from a municipality that has opted out of the Marijuana Regulations
and Taxation Act.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5637: 72 cannabis law, 77 cannabis law