NY State Senate Bill 2025-S5270

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 20, 2025	referred to health

co-Sponsors

2025-S5270 (ACTIVE) - Details

See Assembly Version of this Bill:: A36
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1399-dd-1, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S7174, A6882

2025-S5270 (ACTIVE) - Summary

Prohibits any cannabis related advertisements in establishments within a certain distance from schools; increases penalties for prohibited advertisement of tobacco and cannabis products; requires enforcement inspections.

2025-S5270 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5270

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the public health law, in relation to public display or
advertisements of cannabis products

 
PURPOSE OR GENERAL IDEA:

To prohibit the advertisement of words, pictures, photographs, symbols,
graphics or visual images of any kind associated with cannabis use or
cannabis products at businesses that sell tobacco products, electronic
cigarettes and smoking paraphernalia.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would include words, pictures, photographs, symbols, graphics,
or visual images of any kind, or any combination thereof, which are
associated with cannabis use or cannabis products as defined in section
three of cannabis law. Also, this is intended or reasonably expected to
promote the sale of such products as prohibited advertisements under

Section 1399-dd-1 of the public health law.

This bill would also increase the civil penalties associated with all
violations within this section to not more than $5,000 for a first
violation and not more than $10,000 for a second or subsequent violation
and require that random inspections be conducted on a quarterly basis to
ensure compliance with the provisions of this section.

 
JUSTIFICATION:

Since the legalization of adult-use cannabis and the expansion of the
cannabis retail market, we have seen a rise in the sale of illicit
cannabis by business entities that legitimately sell tobacco products,
smoking paraphernalia, electronic cigarettes and vapor products. This
has impacted the quality of life for residents and increased the likeli-
hood that individuals under 21 years of age will obtain cannabis at
these businesses that are not licensed by the state to sell adult-use
cannabis.

Existing public health law prohibits the advertisement of tobacco
products, electronic cigarettes and smoking paraphernalia within 1,500
feet of a school and within 500 feet of a school if the school is
located within New York City and includes civil penalties for violations
of the law.

This bill prohibits words, pictures, photographs, symbols, graphics or
visual images of any kind, or any combination thereof, which are associ-
ated with cannabis use or cannabis products that are intended or reason-
ably expected to promote the sale of such products as prohibited adver-
tisements, increase the civil penalties for a first violation to not
more than $5,000 and not more than $10,000 for a second or subsequent
violation. Finally, this bill requires that an enforcement officer
conduct random inspections on a quarterly basis of businesses which are
licensed to sell tobacco products, electronic cigarettes and smoking
paraphernalia.

 
PRIOR LEGISLATIVE HISTORY:
2023-24: S7174 - Referred to Health

 
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

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

2025-S5270 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5270
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2025
                                ___________
 
 Introduced by Sens. BAILEY, ADDABBO, FERNANDEZ -- read twice and ordered
   printed, and when printed to be committed to the Committee on Health
 
 AN  ACT to amend the public health law, in relation to public display or
   advertisements of cannabis products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1399-dd-1  of the public health law, as added by
 section 13 of part EE of chapter 56 of the laws of 2020, is  amended  to
 read as follows:
   §  1399-dd-1.  Public  display of tobacco product and electronic ciga-
 rette  advertisements  and  smoking  paraphernalia  prohibited.  1.  For
 purposes of this section:
   (a)  "Advertisement"  means  words,  pictures,  photographs,  symbols,
 graphics or visual images of any kind, or any combination thereof, which
 bear a health warning required by federal statute, the purpose or effect
 of which is to identify a brand of a tobacco product,  electronic  ciga-
 rette,  or vapor product intended or reasonably expected to be used with
 or for the consumption of nicotine, a trademark of  a  tobacco  product,
 electronic  cigarette,  or vapor product intended or reasonably expected
 to be used with or for the consumption of nicotine [or],  a  trade  name
 associated  exclusively with a tobacco product, electronic cigarette, or
 vapor product intended or reasonably expected to be used with or for the
 consumption of nicotine or to promote the use or sale of a tobacco prod-
 uct, electronic cigarette,  or  vapor  product  intended  or  reasonably
 expected  to  be used with or for the consumption of nicotine, OR WORDS,
 PICTURES, PHOTOGRAPHS, SYMBOLS, GRAPHICS OR VISUAL IMAGES OF  ANY  KIND,
 OR  ANY  COMBINATION  THEREOF  WHICH ARE ASSOCIATED WITH CANNABIS USE OR
 CANNABIS PRODUCTS AS DEFINED IN SECTION THREE OF THE  CANNABIS  LAW  AND
 WHICH  ARE  INTENDED  OR REASONABLY EXPECTED TO PROMOTE THE SALE OF SUCH
 PRODUCTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00447-01-5
 S. 5270                             2

 
   (b) "Smoking paraphernalia" means any pipe, water pipe, hookah,  roll-
 ing  papers, electronic cigarette, vaporizer or any other device, equip-
 ment or apparatus designed for the inhalation of tobacco or nicotine.
   (c)  "Vapor  product"  means  any vapor product, as defined by section
 thirteen hundred ninety-nine-aa of this article, intended or  reasonably
 expected to be used with or for the consumption of nicotine.
   (d)  "Tobacco  products" shall have the same meaning as in subdivision
 five of section thirteen hundred ninety-nine-aa of this article.
   (e) "Electronic cigarette" shall have the same meaning as in  subdivi-
 sion  thirteen  of section thirteen hundred ninety-nine-aa of this arti-
 cle.
   2. (a) No person, corporation, partnership, sole  proprietor,  limited
 partnership,  association  or any other business entity may place, cause
 to be placed, maintain or to cause to be maintained,  smoking  parapher-
 nalia  or  ADVERTISEMENTS FOR ANY tobacco product, electronic cigarette,
 or vapor product intended or reasonably expected to be used with or  for
 the consumption of nicotine [advertisements] in a store front or exteri-
 or window or any door which is used for entry or egress by the public to
 the  building  or  structure  containing  a place of business within one
 thousand five hundred feet of a school, provided that  within  New  York
 city  such  prohibitions  shall only apply within five hundred feet of a
 school.
   (b) Any person, corporation,  partnership,  sole  proprietor,  limited
 partnership,  association  or  any other business entity in violation of
 this section shall be subject to a civil penalty of not more  than  five
 [hundred] THOUSAND dollars for a first violation and not more than [one]
 TEN thousand dollars for a second or subsequent violation.
   3.  AN  ENFORCEMENT  OFFICER,  OR  THE DEPARTMENT WHERE NO ENFORCEMENT
 OFFICER HAS BEEN DESIGNATED, SHALL CONDUCT RANDOM INSPECTIONS ON A QUAR-
 TERLY BASIS OF EACH RETAIL DEALER LICENSED TO SELL  CIGARETTES,  TOBACCO
 PRODUCTS,  OR VAPOR PRODUCTS AT ESTABLISHMENTS LOCATED WITHIN THE JURIS-
 DICTION OF SUCH ENFORCEMENT OFFICER OR OFFICE, TO  DETERMINE  COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S5270

Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2025-S5270 (ACTIVE) - Details

2025-S5270 (ACTIVE) - Summary

2025-S5270 (ACTIVE) - Sponsor Memo

2025-S5270 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5270

Share this bill

Sponsored By

Jamaal T. Bailey

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

Joseph P. Addabbo Jr.

Nathalia Fernandez

2025-S5270 (ACTIVE) - Details

2025-S5270 (ACTIVE) - Summary

2025-S5270 (ACTIVE) - Sponsor Memo

2025-S5270 (ACTIVE) - Bill Text download pdf

Comments