S T A T E O F N E W Y O R K
________________________________________________________________________
1769
2025-2026 Regular Sessions
I N S E N A T E
January 13, 2025
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Introduced by Sens. FERNANDEZ, ADDABBO -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Investi-
gations and Government 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.
LBD05185-01-5
S. 1769 2
MAILED BY THE AUTHORITY TO SUCH MUNICIPALITY OR COMMUNITY BOARD AT LEAST
FIFTEEN DAYS IN ADVANCE OF ANY HEARING SCHEDULED PURSUANT TO THIS PARA-
GRAPH. UPON THE REQUEST OF THE CANNABIS CONTROL BOARD, ANY MUNICIPALITY
OR COMMUNITY BOARD MAY WAIVE THE FIFTEEN DAY NOTICE REQUIREMENT. THE
HEARING MAY BE RESCHEDULED, ADJOURNED OR CONTINUED, AND THE CANNABIS
CONTROL BOARD SHALL GIVE NOTICE TO THE APPLICANT AND THE MUNICIPALITY OR
COMMUNITY BOARD OF ANY SUCH RESCHEDULED, ADJOURNED OR CONTINUED HEARING.
BEFORE THE CANNABIS CONTROL BOARD ISSUES ANY SAID LICENSE, THE CANNABIS
CONTROL BOARD MAY, IN ADDITION TO THE HEARING REQUIRED BY THIS PARA-
GRAPH, ALSO CONDUCT A PUBLIC MEETING REGARDING SAID LICENSE, UPON NOTICE
TO THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD. THE PUBLIC
MEETING MAY BE RESCHEDULED, ADJOURNED OR CONTINUED, AND THE CANNABIS
CONTROL BOARD SHALL GIVE NOTICE TO THE APPLICANT AND THE MUNICIPALITY OR
COMMUNITY BOARD OF ANY SUCH RESCHEDULED, ADJOURNED OR CONTINUED PUBLIC
MEETING. NO PREMISES HAVING BEEN GRANTED A LICENSE PURSUANT TO THIS
SECTION SHALL BE DENIED A RENEWAL OF SUCH LICENSE UPON THE GROUNDS THAT
SUCH PREMISES ARE WITHIN FIVE HUNDRED FEET OF A BUILDING OR BUILDINGS
WHEREIN A PREMISES IS LICENSED AND OPERATING PURSUANT TO THIS ARTICLE OR
ARTICLE THREE OF THIS CHAPTER.
§ 2. This act shall take effect immediately.