S T A T E O F N E W Y O R K
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10140
I N A S S E M B L Y
February 8, 2026
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Introduced by M. of A. ZINERMAN, PEOPLES-STOKES, STIRPE, ALVAREZ -- (at
request of the Office of Cannabis Management) -- read once and
referred to the Committee on Economic Development
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 Subdivision 6 of section 72 of the cannabis law is REPEALED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
A. 10140 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
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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.