S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1007
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. STECK, BUTTENSCHON -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the penal law, in relation to restrictions  on  cannabis
   use near children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 222.10 of the penal law, as added by chapter 92  of
 the laws of 2021, is amended to read as follows:
 § 222.10 Restrictions on cannabis use.
   Unless otherwise authorized by law or regulation, no person shall:
   1. smoke or vape cannabis in a location where smoking or vaping canna-
 bis  is  prohibited  pursuant to article thirteen-E of the public health
 law; [or]
   2. smoke, vape or ingest cannabis or concentrated cannabis in or  upon
 the grounds of a school, as defined in subdivision ten of section eleven
 hundred  twenty-five  of  the education law or in or on a school bus, as
 defined in section one hundred forty-two of the vehicle and traffic law;
 provided, however, provisions of this subdivision  shall  not  apply  to
 acts that are in compliance with article three of the cannabis law; OR
   3.  SMOKE  OR  VAPE  CANNABIS  WITHIN THIRTY FEET OF A CHILD OR WITHIN
 THIRTY FEET OF ANY LOCATION IN WHICH CHILDREN RESIDE OR ATTEND  FOR  ANY
 RECREATIONAL OR EDUCATIONAL PURPOSE, INCLUDING AREAS SEPARATED BY WALLS,
 CLOSED DOORS OR FLOORS WITHIN A BUILDING.
   Notwithstanding  any  other section of law, violations of restrictions
 on cannabis use are subject to a civil penalty not exceeding twenty-five
 dollars or an amount of community service not  exceeding  twenty  hours;
 PROVIDED  THAT  FOR A SECOND OR SUBSEQUENT VIOLATION OF THE RESTRICTIONS
 SET FORTH IN SUBDIVISION THREE  OF  THIS  SECTION,  A  PERSON  SHALL  BE
 CHARGED WITH A CLASS B MISDEMEANOR.
   §  2.  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.
                                                            LBD00686-01-5