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Senate Bill S5887

2023-2024 Legislative Session

Prohibits new cannabis dispensaries from opening up within a certain distance from other licensed cannabis dispensaries

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2023-S5887 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Cannabis Law
Laws Affected:
Amd §72, Cannabis L
Versions Introduced in 2025-2026 Legislative Session:
S1769

2023-S5887 (ACTIVE) - Summary

Prohibits new cannabis dispensaries from opening up within five hundred feet of other licensed cannabis dispensaries; provides an exception if the location of such premises is in the public interest.

2023-S5887 (ACTIVE) - Sponsor Memo

2023-S5887 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5887
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN  ACT to amend the cannabis law, in relation to prohibiting new canna-
   bis dispensaries from opening up within a certain distance from  other
   licensed cannabis dispensaries

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 72 of the cannabis law is amended by adding  a  new
 subdivision 7 to read as follows:
   7.  (A) NO CANNABIS RETAIL LICENSEE APPLICANT SHALL SUBMIT AN APPLICA-
 TION TO LOCATE A STOREFRONT IN A CITY, TOWN OR VILLAGE  HAVING  A  POPU-
 LATION  OF TWENTY THOUSAND OR MORE WITHIN FIVE HUNDRED FEET OF AN EXIST-
 ING PREMISES LICENSED AND OPERATING PURSUANT TO THIS ARTICLE OR  ARTICLE
 THREE OF THIS CHAPTER.
   (B)  THE  MEASUREMENT  IN  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL 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 PREMISES LICENSED AND OPERATING PURSUANT TO THIS ARTICLE OR ARTICLE
 THREE OF THIS CHAPTER.
   (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  THE  CANNABIS  CONTROL BOARD MAY ISSUE A LICENSE PURSUANT TO THIS
 SECTION FOR A PREMISES WHICH SHALL BE WITHIN FIVE  HUNDRED  FEET  OF  AN
 EXISTING  PREMISES  LICENSED  AND  OPERATING PURSUANT TO THIS ARTICLE OR
 ARTICLE THREE OF THIS CHAPTER IF, AFTER CONSULTATION WITH  THE  CANNABIS
 CONTROL BOARD, SUCH BOARD DETERMINES THAT GRANTING SUCH LICENSE WOULD BE
 IN THE PUBLIC INTEREST. BEFORE IT MAY ISSUE ANY SUCH LICENSE, THE CANNA-
 BIS  CONTROL BOARD SHALL CONDUCT A HEARING, UPON NOTICE TO THE APPLICANT
 AND THE MUNICIPALITY OR COMMUNITY BOARD WHERE THE PROPOSED  PREMISES  IS
 LOCATED  AND  SHALL  STATE  AND FILE IN ITS OFFICE ITS REASONS THEREFOR.
 NOTICE TO THE MUNICIPALITY OR COMMUNITY BOARD SHALL MEAN WRITTEN  NOTICE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10314-02-3

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