Relates to the location of retail adult-use dispensaries in proximity to schools and houses of worship; repealer, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9155
 
                             I N  S E N A T E
 
                             February 8, 2026
                                ___________
 
 Introduced  by  Sen.  KRUEGER  --  (at request of the Office of Cannabis
   Management) -- read twice and ordered printed, and when printed to  be
   committed to the Committee on Rules
 
 AN  ACT to amend the cannabis law, in relation to the location of adult-
   use retail dispensaries near schools and houses  of  worship;  and  to
   repeal certain provisions of such law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 72 of the cannabis law is REPEALED
 and a new subdivision 6 is added to read as follows:
   6. (A) 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 SCHOOL.
   (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 TWO HUNDRED FEET OF A BUILDING
 EXCLUSIVELY OCCUPIED AS A HOUSE OF WORSHIP.
   (C) THE MEASUREMENTS IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION ARE
 TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE NEAREST ENTRANCE OF
 THE PREMISES SOUGHT TO BE LICENSED TO THE CENTER OF THE NEAREST ENTRANCE
 OF SUCH SCHOOL OR HOUSE OF WORSHIP.
   (D) FOR PURPOSES OF THIS SUBDIVISION: (I) THE  WORD  "ENTRANCE"  SHALL
 MEAN:  (A) A DOOR OF A SCHOOL REGULARLY USED TO GIVE INGRESS TO STUDENTS
 OF THE SCHOOL; (B) A DOOR OF A HOUSE OF WORSHIP REGULARLY USED  TO  GIVE
 INGRESS  TO  THE GENERAL PUBLIC ATTENDING THE HOUSE OF WORSHIP; OR (C) A
 DOOR OF THE PREMISES SOUGHT  TO  BE  LICENSED  REGULARLY  USED  TO  GIVE
 INGRESS TO CUSTOMERS OF SUCH PREMISES.
   (II) A DOOR WHICH HAS NO EXTERIOR HARDWARE, OR WHICH IS USED SOLELY AS
 AN  EMERGENCY  OR FIRE EXIT, OR FOR MAINTENANCE OR DELIVERY PURPOSES, OR
 WHICH LEADS DIRECTLY TO A PART OF  A  BUILDING  NOT  REGULARLY  USED  BY
 STUDENTS  OF  THE  SCHOOL,  THE  GENERAL  PUBLIC  ATTENDING THE HOUSE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14812-01-6
 S. 9155                             2
 
 WORSHIP, OR CUSTOMERS OF THE PREMISES SOUGHT  TO  BE  LICENSED,  IS  NOT
 DEEMED AN "ENTRANCE".
   (III)  IF  THE  SCHOOL,  HOUSE  OF  WORSHIP  OR  PREMISES SOUGHT TO BE
 LICENSED IS SET BACK FROM A PUBLIC THOROUGHFARE, THE WALKWAY  OR  STAIRS
 LEADING  TO  ANY SUCH DOOR SHALL BE DEEMED AN ENTRANCE; AND THE MEASURE-
 MENT SHALL BE TAKEN TO THE CENTER OF THE WALKWAY OR STAIRS AT THE  POINT
 WHERE IT MEETS THE BUILDING LINE OR PUBLIC THOROUGHFARE.
   (E)(I)  FOR  PURPOSES OF PARAGRAPH (B) OF THIS SUBDIVISION, A BUILDING
 OCCUPIED AS A HOUSE OF WORSHIP DOES NOT CEASE TO BE "EXCLUSIVELY"  OCCU-
 PIED AS SUCH BY INCIDENTAL USES THAT ARE NOT OF A NATURE TO DETRACT FROM
 THE PREDOMINANT CHARACTER OF THE BUILDING AS A HOUSE OF WORSHIP.
   (II)  SUCH  USES  INCLUDE,  BUT ARE NOT LIMITED TO: (A) THE CONDUCT OF
 LEGALLY AUTHORIZED GAMES OF BINGO OR OTHER GAMES OF  CHANCE  HELD  AS  A
 MEANS  OF  RAISING  FUNDS  FOR THE NOT-FOR-PROFIT RELIGIOUS ORGANIZATION
 WHICH CONDUCTS SERVICES AT THE HOUSE OF WORSHIP OR  FOR  OTHER  NOT-FOR-
 PROFIT ORGANIZATIONS OR GROUPS; (B) USE OF THE BUILDING FOR FUND-RAISING
 PERFORMANCES BY OR BENEFITTING THE NOT-FOR-PROFIT RELIGIOUS ORGANIZATION
 WHICH  CONDUCTS SERVICES AT THE HOUSE OF WORSHIP OR OTHER NOT-FOR-PROFIT
 ORGANIZATIONS OR GROUPS; (C) THE USE OF THE BUILDING BY OTHER  RELIGIOUS
 ORGANIZATIONS  OR  GROUPS  FOR RELIGIOUS SERVICES OR OTHER PURPOSES; (D)
 THE CONDUCT OF SOCIAL ACTIVITIES BY OR FOR THE BENEFIT  OF  THE  CONGRE-
 GANTS  OF THE HOUSE OF WORSHIP; (E) THE USE OF THE BUILDING FOR MEETINGS
 HELD BY ORGANIZATIONS OR  GROUPS  PROVIDING  BEREAVEMENT  COUNSELING  TO
 PERSONS  HAVING SUFFERED THE LOSS OF A LOVED ONE, OR PROVIDING ADVICE OR
 SUPPORT FOR CONDITIONS OR DISEASES INCLUDING, BUT NOT LIMITED TO,  ALCO-
 HOLISM,  DRUG ADDICTION, CANCER, CEREBRAL PALSY, PARKINSON'S DISEASE, OR
 ALZHEIMER'S DISEASE; (F) THE USE  OF  THE  BUILDING  FOR  BLOOD  DRIVES,
 HEALTH  SCREENINGS,  HEALTH INFORMATION MEETINGS, YOGA CLASSES, EXERCISE
 CLASSES OR OTHER ACTIVITIES  INTENDED  TO  PROMOTE  THE  HEALTH  OF  THE
 CONGREGANTS OR OTHER PERSONS; AND (G) USE OF THE BUILDING BY NON-CONGRE-
 GANT MEMBERS OF THE COMMUNITY FOR PRIVATE SOCIAL FUNCTIONS.
   (III) THE BUILDING OCCUPIED AS A HOUSE OF WORSHIP DOES NOT CEASE TO BE
 "EXCLUSIVELY" OCCUPIED AS SUCH WHERE THE NOT-FOR-PROFIT RELIGIOUS ORGAN-
 IZATION  OCCUPYING  THE HOUSE OF WORSHIP ACCEPTS THE PAYMENT OF FUNDS TO
 DEFRAY COSTS RELATED TO ANOTHER PARTY'S USE OF THE BUILDING.
   (F)  NO  RENEWAL  OF  A  LICENSE  SHALL  BE  DENIED  BECAUSE  OF   THE
 RESTRICTIONS IN PARAGRAPHS (A) OR (B) OF THIS SUBDIVISION.
   (G)  WHEN  EVALUATING AN APPLICATION FOR COMPLIANCE WITH THIS SUBDIVI-
 SION, THE PROXIMITY OF THE PREMISES SOUGHT TO BE LICENSED TO A SCHOOL OR
 HOUSE OF WORSHIP SHALL BE DETERMINED BASED ON THE  DATE  SUCH  APPLICANT
 SUBMITS ITS LOCATION TO THE OFFICE.
   § 2. This act shall take effect immediately; provided that any license
 issued  pursuant  to section 68-a of the cannabis law, section 72 of the
 cannabis law, or a license issued pursuant to section 73 of the cannabis
 law that allows for the retail sale of adult use cannabis, issued  prior
 to such effective date shall be deemed in compliance with the provisions
 of subdivision 6 of section 72 of the cannabis law as added by this act;
 and  further provided that any application for a license issued pursuant
 to section 68-a of the cannabis law, section 72 of the cannabis law,  or
 a  license issued pursuant to section 73 of the cannabis law that allows
 for the retail sale of adult use  cannabis,  where  such  applicant  was
 advised  in  writing  by the office of cannabis management prior to such
 effective date that its location complied with the  proximity  standards
 with  respect  to schools and houses of worship, shall be subject to and
 reviewed for compliance with respect to proximity to schools and  houses
 of  worship  using  the  procedures of the office of cannabis management
 S. 9155                             3
 
 utilized prior to July 28, 2025, and  all  other  applications  of  such
 licenses  shall  be  subject  to  and  reviewed for compliance under the
 provisions of subdivision 6 of section 72 of the cannabis law  as  added
 by this act.