S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8741
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Economic Development
 
 AN  ACT  to  amend the cannabis law, in relation to proximity protection
   and where licensed adult use dispensing facilities may be located
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 12 of section 85 of the cannabis law is amended
 and three new subdivisions 13, 14 and 15 are added to read as follows:
   12.  The  board  is  authorized,  to  promulgate regulations governing
 licensed adult-use dispensing facilities, including but not limited  to,
 the  hours  of  operation, size [and location] of the licensed facility,
 types and concentration of product servings offered and  establishing  a
 minimum  and  maximum  margin  for retail dispensary markups of cannabis
 product or products before selling to a cannabis consumer. It  shall  be
 unlawful  for any retail dispensary to sell any adult-use cannabis prod-
 uct for less than the minimum markup allowed in regulation.
   13. LICENSED ADULT USE DISPENSING FACILITIES SHALL BE NO LESS THAN ONE
 THOUSAND FEET APART IN MUNICIPALITIES WITH A POPULATION OF TWENTY  THOU-
 SAND PEOPLE OR MORE, AND NO LESS THAN TWO THOUSAND FEET APART IN MUNICI-
 PALITIES WITH A POPULATION OF LESS THAN TWENTY THOUSAND PEOPLE.
   14. WAIVERS FROM PROXIMITY PROTECTION AS PROVIDED IN SUBDIVISION THIR-
 TEEN OF THIS SECTION MAY BE CONSIDERED BY THE CANNABIS CONTROL BOARD. IN
 MAKING SUCH DECISIONS, THE CANNABIS CONTROL BOARD SHALL:
   (A) HAVE A PRESUMPTION AGAINST PROVIDING A PROXIMITY PROTECTION WAIVER
 UNLESS QUANTITATIVE FACTS WARRANT IT;
   (B)  ISSUE  NOTICES OF A REQUEST TO SEEK A PROXIMITY PROTECTION WAIVER
 TO THE OWNER OF THE DISPENSARY  WHOSE  PROXIMITY  PROTECTION  IS  TO  BE
 WAIVED  AND  TO  APPROPRIATE  OFFICIALS IN ANY MUNICIPALITY OR COMMUNITY
 BOARD SUBJECT TO THE REQUEST WITHIN SEVEN DAYS OF THE FILING OF  SUCH  A
 REQUEST;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13036-01-5
 A. 8741                             2
              

 
   (C) CONDUCT AND PUBLICLY ISSUE A QUANTITATIVE ANALYSIS AT LEAST THIRTY
 DAYS  PRIOR  TO  BOARD ACTION OF THE CANNABIS DISPENSARY WHOSE PROXIMITY
 WILL BE WAIVED, INCLUDING THE PROFITABILITY AND FINANCIAL  STABILITY  OF
 SUCH  DISPENSARY  AND  ANY  OTHER  QUANTIFIABLE FACTORS THAT REFLECT THE
 ABILITY  OF  THE  DISPENSARY  TO  PROFITABLY  FUNCTION WITH ADDED MARKET
 COMPETITION. SUCH ANALYSIS SHALL REPRESENT THE BASIS FOR MAKING A  PROX-
 IMITY PROTECTION WAIVER DECISION;
   (D)  WITHIN  FORTY-FIVE DAYS, CONSULT WITH AND GET AN OFFICIAL WRITTEN
 OPINION FROM THE RELEVANT MUNICIPALITY  OR  COMMUNITY  BOARD  CONCERNING
 THEIR SUPPORT OR OPPOSITION TO A LOCAL PROXIMITY PROTECTION WAIVER;
   (E)  WITHIN  FORTY-FIVE  DAYS  PROVIDE AN OPPORTUNITY FOR THE CANNABIS
 DISPENSARY LICENSEE WHOSE PROXIMITY PROTECTION COULD BE WAIVED WITH  THE
 OPPORTUNITY  TO  SUBMIT  WRITTEN  COMMENTS TO THE CANNABIS CONTROL BOARD
 PRIOR TO ACTION BEING TAKEN ON THE WAIVER;
   (F) HOLD A PUBLIC HEARING ON THE PROPOSED WAIVER, AT WHICH THE CURRENT
 LICENSEE, THE WAIVER APPLICANT, ANY RELEVANT MUNICIPALITY  OR  COMMUNITY
 BOARD, AND THE PUBLIC SHALL BE HEARD;
   (G)   PROVIDE   THE   CANNABIS  DISPENSARY  LICENSEE  WHOSE  PROXIMITY
 PROTECTION COULD BE WAIVED AND RELEVANT MUNICIPALITIES OR THE  COMMUNITY
 BOARD  WITH  THE  OPPORTUNITY TO SPEAK BEFORE THE CANNABIS CONTROL BOARD
 PRIOR TO A DECISION BEING RENDERED; AND
   (H) ESTABLISH AN APPEAL PROCESS TO ALLOW CANNABIS DISPENSARY LICENSEES
 WHOSE BUSINESS IS THE SUBJECT OF A PROXIMITY PROTECTION WAIVER TO APPEAL
 THAT DECISION TO AN ADMINISTRATIVE LAW JUDGE. SUCH PROCESS SHALL PROVIDE
 THAT BOTH PARTIES MAY BE HEARD PRIOR TO A DECISION BEING  RENDERED.  THE
 DECISION OF SUCH JUDGE SHALL BE RATIFIED BY THE BOARD.
   15.  NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISION FOURTEEN OF THIS
 SECTION, THE CANNABIS CONTROL BOARD MAY NOT:
   (A) APPROVE A PROXIMITY PROTECTION  WAIVER  IF  ONE  OR  MORE  ILLEGAL
 RETAIL  CANNABIS  STORES ARE OPERATING IN VIOLATION OF THE PROVISIONS OF
 SUBDIVISION THIRTEEN OF THIS SECTION;
   (B) APPROVE A PROXIMITY PROTECTION WAIVER THAT  REDUCES  THE  DISTANCE
 ESTABLISHED  IN  SUBDIVISION  THIRTEEN OF THIS SECTION BY MORE THAN FIVE
 PERCENT;
   (C) APPROVE A PROXIMITY PROTECTION WAIVER THAT WOULD IMPACT A CANNABIS
 RETAIL DISPENSARY THAT HAS BEEN OPERATIONAL FOR LESS THAN THREE YEARS;
   (D) APPROVE A  PROXIMITY  PROTECTION  WAIVER  FOR  A  CANNABIS  RETAIL
 DISPENSARY THAT HAS A RETAIL SALES DIMENSION LARGER THAN THE STORE WHOSE
 PROXIMITY PROTECTION HAS BEEN WAIVED; AND
   (E)  APPROVE NO MORE THAN ONE PROXIMITY PROTECTION WAIVER PER LICENSED
 CANNABIS RETAIL DISPENSARY.
   § 2. This act shall take effect immediately.