BILL NUMBER: S9426
SPONSOR: BYNOE
 
TITLE OF BILL:
An act to amend the cannabis law, in relation to proximity restrictions
for adult-use cannabis retail dispensaries and on-site consumption
licenses
 
PURPOSE:
Libraries are cornerstones of our communities, serving as centers for
learning, culture, and connection. This bill would strengthen their
protection by expanding current restrictions on adult-use cannabis
retail dispensaries and on-site consumption establishments to explicitly
include both public libraries and association libraries. By treating
libraries like other sensitive community institutions, such as schools
and houses of worship, this legislation helps preserve the educational,
cultural, and community-focused role of libraries, while ensuring clear
and consistent statewide standards for the location of cannabis busi-
nesses.
 
SUMMARY OF PROVISIONS:
Section 1.
Subdivision 6 of section 72 of the cannabis law is amended by changing
sections (b) and (c) into sections (c) and (d)and adding a new section
(b), which reads as follows:
"(b) No premises with a license issued pursuant to this section, or
section sixty-eight-a of this article, or section seventy-three of this
article that allows for the retail sale of adult-use cannabis, shall be
located on the same street and within five hundred feet of a building
containing a public library or association library."
Section 1 of this bill also amends section (d) to include "public
library, association library" following "nearest entrance of such
school" and moves subsection (C) to (D) and adds the new subsection (C)
to read as follows: ("C) a door of a public library or association regu-
larly used to give ingress to the general public;"
Section 1 of this bill amends paragraph (ii) of subsection (D) by
following "the general public attending the house of worship" with new
language which reads: "the general public entering a public or associ-
ation library,"
Section 1 of this bill also amends paragraph (iii) of subsection (D) by
following "if the school," with new language which reads "public
library, association library"
Section 2.
Subdivision 4 of section 77 of the cannabis law is amended by adding
after the words "school grounds, as such term is defined in the educa-
tion law" the words "or either a public library or an association
library, as defined in section two hundred fifty-three of the education
law".
Section 3.
This act shall take effect on the ninetieth day after it shall have
become law.
 
JUSTIFICATION:
New York State's Cannabis Law establishes proximity restrictions between
adult-use cannabis dispensaries and certain sensitive community insti-
tutions, including schools and houses of worship, to protect minors and
preserve the character of neighborhood spaces dedicated to education,
reflection, and public service. However, current law does not extend
these protections to neither association libraries nor public libraries,
which serve as vital educational, cultural, and community hubs for resi-
dents of all ages.
Both association libraries and public libraries function as extensions
of the educational system and are frequently used by children, students,
families, seniors, and vulnerable populations for learning, research,
internet access, workforce development, and community programming. The
absence of libraries from existing proximity restrictions creates an
inconsistency in the statutory framework and undermines the State's
intent to thoughtfully site cannabis retail establishments away from
spaces primarily devoted to education and youth engagement.
This bill would correct that gap by expressly including "public
libraries" and "association libraries" within existing proximity
restrictions applicable to cannabis retail dispensaries, aligning canna-
bis siting rules with the State's broader public policy goals of
protecting educational environments and maintaining appropriate land-use
boundaries.
 
LEGISLATIVE HISTORY:
New Legislation
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

Statutes affected:
S9426: 72 cannabis law, 72(6) cannabis law, 77 cannabis law, 77(4) cannabis law