NY State Senate Bill 2025-S5637

Senate Bill S5637

2025-2026 Legislative Session

Prohibits cannabis storefronts from being located within a certain distance from any town, city or village which has opted out of permitting the sale of cannabis

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Current Bill Status - In Senate Committee Investigations And Government Operations 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 26, 2025	referred to investigations and government operations

co-Sponsors

2025-S5637 (ACTIVE) - Details

See Assembly Version of this Bill:: A6967
Current Committee:: Senate Investigations And Government Operations
Law Section:: Cannabis Law
Laws Affected:: Amd §§72 & 77, Cannabis L

2025-S5637 (ACTIVE) - Summary

Prohibits cannabis storefronts from being located within a quarter mile from any town, city or village which has opted out of permitting the sale of cannabis.

2025-S5637 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5637

SPONSOR: MARTINS
 
TITLE OF BILL:

An act to amend the cannabis law, in relation to prohibiting cannabis
storefronts from being located within a certain distance from any town,
city or village which has opted out of permitting the sale of cannabis

 
PURPOSE:

Prohibits the opening of cannabis dispensaries within a quarter mile of
a municipality that has opted out of the Marijuana Regulations and Taxa-
tion Act

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 72 of the cannabis law by adding a new subdi-
vision 7.

Section 2. Amends section 77 of the cannabis law by adding a new subdi-
vision 4-a. Section 3. Sets the effective date

 
JUSTIFICATION:

The Marijuana Regulations and Taxation Act ("MRTA") clearly indicates
that the license to sell retail cannabis shall only be provided in the
jurisdiction in which the applicant is attempting to sell cannabis.
Additionally, section 131 of that legislation allows counties, towns,
cities, and villages to "opt out" of permitting retail sate of marijuana
and THC products within their jurisdictional borders.

Many municipalities across New York were led to believe that they would
have local control of the sale of these products in their communities
and therefore "opted out." Despite this, cannabis shops are indeed sell-
ing in many communities, opening mere feet from municipal lines.

While the law does provide protections to schools and religious insti-
tutions in neighboring jurisdictions, there is no requirement that
dispensaries not be put at or near borders between jurisdictions,
regardless of whether one of those jurisdictions has opted out. This
oversight has unintentionally created a loophole that has allowed these
shops to set up along jurisdictional borders, just a few feet away from
residential homes in communities that have opted out. This bill simply
would prohibit marijuana dispensaries from locating within a quarter
mite from a municipality that has opted out of the Marijuana Regulations
and Taxation Act.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S5637 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5637
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2025
                                ___________
 
 Introduced  by  Sen. MARTINS -- 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, in relation  to  prohibiting  cannabis
   storefronts  from  being  located  within  a certain distance from any
   town, city or village which has opted out of permitting  the  sale  of
   cannabis
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 72 of the cannabis law is amended by adding  a  new
 subdivision 7 to read as follows:
   7.  NO  CANNABIS  RETAIL  LICENSEE  SHALL LOCATE A STOREFRONT WITHIN A
 QUARTER MILE OF ANY TOWN, CITY OR VILLAGE WHICH HAS ADOPTED A LOCAL  LAW
 REQUESTING  THE  CANNABIS CONTROL BOARD TO PROHIBIT THE ESTABLISHMENT OF
 RETAIL DISPENSARY LICENSES AND/OR ON-SITE  CONSUMPTION  LICENSES  WITHIN
 THE JURISDICTION OF SUCH TOWN, CITY OR VILLAGE.
   §  2. Section 77 of the cannabis law is amended by adding a new subdi-
 vision 4-a to read as follows:
   4-A. NO APPLICANT SHALL BE GRANTED AN  ADULT-USE  ON-SITE  CONSUMPTION
 LICENSE FOR ANY PREMISES LOCATED WITHIN A QUARTER MILE OF ANY TOWN, CITY
 OR VILLAGE WHICH HAS ADOPTED A LOCAL LAW REQUESTING THE CANNABIS CONTROL
 BOARD TO PROHIBIT THE ESTABLISHMENT OF RETAIL DISPENSARY LICENSES AND/OR
 ON-SITE  CONSUMPTION LICENSES WITHIN THE JURISDICTION OF SUCH TOWN, CITY
 OR VILLAGE.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10375-01-5

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David_Abrams_1

4 weeks ago

What's next, illegal to go to Little Neck to get authentic chinese food?

Andrew_Figueroa

3 weeks ago

This is a disgusting overreach.

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Senate Bill S5637

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Sponsored By

Jack M. Martins