S T A T E O F N E W Y O R K
________________________________________________________________________
7596
2025-2026 Regular Sessions
I N S E N A T E
April 23, 2025
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the cannabis law and the public health law, in relation
to limiting the hours of certain businesses located near schools
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 renum-
bered subdivision 13 and a new subdivision 12 is added to read as
follows:
12. NO ADULT-USE DISPENSING FACILITY SHALL OPEN UNTIL ONE HOUR AFTER
THE LATEST BEGINNING OF A SCHOOL DAY OF ANY SCHOOL LOCATED WITHIN ONE
MILE OF SUCH ADULT-USE DISPENSING FACILITY; PROVIDED, HOWEVER, THAT THE
PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY ON THOSE DAYS SUCH
SCHOOL IS OPERATIONAL. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE
CONSTRUED TO PERMIT OPERATION OF AN ADULT-USE DISPENSING FACILITY DURING
HOURS WHICH ARE PROHIBITED BY ANY GENERAL, SPECIAL OR LOCAL LAW OR RULE
OR REGULATION.
§ 2. The public health law is amended by adding a new section
1399-cc-1 to read as follows:
§ 1399-CC-1. TOBACCO BUSINESS HOURS OF OPERATION. NO TOBACCO BUSINESS
SHALL OPEN UNTIL ONE HOUR AFTER THE LATEST BEGINNING OF A SCHOOL DAY OF
ANY SCHOOL LOCATED WITHIN ONE MILE OF SUCH TOBACCO BUSINESS; PROVIDED,
HOWEVER, THAT THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY ON THOSE
DAYS SUCH SCHOOL IS OPERATIONAL. THE PROVISIONS OF THIS SECTION SHALL
NOT BE CONSTRUED TO PERMIT OPERATION OF A TOBACCO BUSINESS DURING HOURS
WHICH ARE PROHIBITED BY ANY GENERAL, SPECIAL OR LOCAL LAW OR RULE OR
REGULATION.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11754-01-5