BILL NUMBER: S7984

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the cannabis law and the public health law, in relation
to limiting the hours of certain businesses located near schools

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to deter the youth from entering adult-use
facilities and tobacco businesses. Additionally, it aims to hinder the
establishments' ability to promote their products to minors.

 
SUMMARY OF PROVISIONS:

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. Section 2:  Amends the public health law 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 subdivision shall only apply on those days such school is opera-
tional. The provisions of this subdivision 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. Section 3:
This act shall take effect on the ninetieth day after it shall have
become a law.

 
JUSTIFICATION:

Oftentimes the adult-use dispensing facilities and tobacco businesses
will operate, as early as 8am, when school-age children are commuting to
school. These establishments tend to have bright lights enticing the
young people to stop inside. Additionally, the adults that purchase
these products will often congregate in front of the establishments to
smoke. Research has shown that effects of cannabis-use on minors are
vast. Cannabis-use amongst school-age youth has been linked to learning
impairments, mental health issues, and brain development issues. There
is still on-going research about the effects of passive exposure of THC
on children. Moreover, even the passive exposure of tobacco can be harm-
ful to the youth. For instance, it has been linked to breathing ailments
and even cancer. With all of this in mind, it is imperative that we
tackle the effects of cannabis and tobacco use, and the promotion of its
use, to the youth.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

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