Senate Bill S10347A

                                 
BILL NUMBER: S10347A

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the cannabis law, in relation to requiring prospective
licensees of cannabis licenses to submit a formal attestation of compli-
ance with local zoning laws, land-use regulations, and municipal code
requirements and proof of local municipal compliance to the Cannabis
Control Board when applying for an OCM Cannabis license, and give muni-
cipalities the ability to request an extension of time to submit an
opinion on the prospective licensee application

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require all prospective licensees of
cannabis license to submit a formal attestation affirming that the
applicant's proposed premises and the planned use for the proposed prem-
ises are in compliance with all applicable local zoning laws, land-use
regulations, and municipal code requirements, including but not limited
to certifications of. zoning compliance, necessary local permits, or
other documentation as required by the municipality.

              

 
SUMMARY OF PROVISIONS:

Sectionl: This bill would establish that as a condition of eligibility
for any cannabis license an applicant must submit formal attestation
affirming that the applicant's proposed premises and the planned use for
the proposed premises are in compliance with all applicable local zoning
laws, land-use regulations, and municipal code requirements, including
but not limited to certifications of zoning compliance, necessary local
permits, or other documentation as required by the municipality.

The Cannabis Control Board would be prohibited from considering or
approving any application lacking the attestation of municipal compli-
ance.

Section 2: Where an applicant did not properly address the notification
of the license application to the clerk of a city, town, village or
community board, the Cannabis Control Board must grant an extension of
30 days to the municipality to submit an opinion. The Cannabis Control
Board can only grant one extension.

Section 3: Effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

A print: Clarifies that a formal attestation must be submitted by appli-
cants and specifies the documentation that must be submitted with such
attestation and adds a provision giving municipalities and community
boards the ability to request a 30-day extension to submit their opinion
on an application where an applicant does not send notification of their
application directly to the clerk of the municipality or community
board.

 
JUSTIFICATION:

This legislation reinforces and codifies the critical role of local
control in the responsible rollout of New York's cannabis legalization
framework. When New York State legalized adult-use cannabis, it express-
ly granted municipalities the authority to regulate the time, place, and
manner of cannabis dispensaries and related businesses, provided that
their rules were not "reasonably impracticable" and that businesses
followed the minimum siting standards established in the Cannabis Law.
Ensuring that cannabis license applicants demonstrate compliance with
local municipal requirements before the issuance of a license protects
the integrity of local government's authority and supports principles of
good governance.

Requiring proof of local zoning, land-use, and permitting compliance
before the Cannabis Control Board may consider an application helps
prevent conflicts between state licensing decisions and local regu-
lations. It also ensures that new cannabis businesses are integrated
safely, lawfully, and appropriately into the communities that chose to
opt in to New York's regulated cannabis market. By strengthening coordi-
nation between state licensing authorities and municipal governments,
this bill promotes an orderly, transparent, and community-aligned imple-
mentation of cannabis legalization while safeguarding neighborhoods and
maintaining the local oversight envisioned by the law.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.