S T A T E O F N E W Y O R K
________________________________________________________________________
7275
2025-2026 Regular Sessions
I N S E N A T E
April 8, 2025
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Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
when printed to be committed to the Committee on Investigations and
Government Operations
AN ACT to amend the cannabis law, the education law and the social
services law, in relation to restricting cannabis storefronts from
being located within a certain distance from child day care centers,
public parks and playgrounds and specifying that cannabis storefronts
shall be restricted from locating within a certain distance from
schools, child day care centers and houses of worship located in a
mixed use building
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 amended
to read as follows:
6. No cannabis retail licensee shall locate a storefront within five
hundred feet of [a] school grounds as such term is defined in the educa-
tion law, A CHILD DAY CARE CENTER AS DEFINED IN PARAGRAPH (C) OF SUBDI-
VISION ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, A
PUBLIC PARK OR A PLAYGROUND, or within two hundred feet of a house of
worship. FOR PURPOSES OF THIS SUBDIVISION, A "HOUSE OF WORSHIP" SHALL
INCLUDE ANY AREA, INCLUDING ENTRANCES AND EXITS, IN A MIXED USE BUILDING
WHICH CONTAINS OR IS USED AS A HOUSE OF WORSHIP.
§ 2. Subdivision 4 of section 77 of the cannabis law is amended to
read as follows:
4. No applicant shall be granted an adult-use on-site consumption
license for any premises within five hundred feet of school grounds as
such term is defined in the education law, A CHILD DAY CARE CENTER AS
DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION THREE HUNDRED
NINETY OF THE SOCIAL SERVICES LAW, A PUBLIC PARK OR A PLAYGROUND, or two
hundred feet from a house of worship. FOR PURPOSES OF THIS SUBDIVISION,
A "HOUSE OF WORSHIP" SHALL INCLUDE ANY AREA, INCLUDING ENTRANCES AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07008-03-5
S. 7275 2
EXITS, IN A MIXED USE BUILDING WHICH CONTAINS OR IS USED AS A HOUSE OF
WORSHIP.
§ 3. Subdivision 2 of section 409 of the education law, as amended by
chapter 449 of the laws of 2012, is amended to read as follows:
2. Notwithstanding the provisions of any other law, rule or regu-
lation, tobacco use shall not be permitted and no person shall use
tobacco on school grounds. "School grounds" means any building, struc-
ture and surrounding outdoor grounds, including entrances or exits,
contained within a public or private pre-school, nursery school, elemen-
tary or secondary school's legally defined property boundaries as regis-
tered in a county clerk's office. "SCHOOL GROUNDS" SHALL ALSO INCLUDE
ANY AREA, INCLUDING ENTRANCES OR EXITS, IN A MIXED USE BUILDING WHICH
CONTAINS OR IS USED AS A PUBLIC OR PRIVATE PRE-SCHOOL, NURSERY SCHOOL,
ELEMENTARY SCHOOL, SECONDARY SCHOOL OR CHARTER SCHOOL.
§ 4. Paragraph (c) of subdivision 1 of section 390 of the social
services law, as added by chapter 750 of the laws of 1990, is amended to
read as follows:
(c) "Child day care center" shall mean any program or facility caring
for children for more than three hours per day per child in which child
day care is provided by a child day care provider except those programs
operating as a group family day care home as such term is defined in
paragraph (d) of this subdivision, a family day care home, as such term
is defined in paragraph (e) of this subdivision, and a school-age child
care program, as such term is defined in paragraph (f) of this subdivi-
sion. A "CHILD DAY CARE CENTER" SHALL INCLUDE ANY AREA, INCLUDING
ENTRANCES AND EXITS, IN A MIXED USE BUILDING WHICH CONTAINS OR IS USED
AS A CHILD DAY CARE CENTER.
§ 5. This act shall take effect immediately.