New York State Senator Proposes Ban on Public Cannabis Consumption

NEW YORK– New York State Senator George Borello (R) recently introduced a measure aimed at banning cannabis smoking and consumption in public, unless special authorization has been granted for specific locations. The legislation’s Assembly version is sponsored by Republican Assemblyman Michael Novakhov, who seeks to implement rules for cannabis use similar to those in place for tobacco.

Sen. Borello pointed to an increase in public cannabis consumption complaints from concerned constituents since the enactment of the Marijuana Regulation and Taxation Act (MRTA) in 2021. The pungent odor of marijuana on public sidewalks, parking lots, and other public spaces has become a cause for concern, especially for state residents, including children, who do not wish to be exposed to the effects of marijuana smoke or its smell.

Senate Bill 7604, currently pending in the Senate Rules Committee, would prohibit public cannabis use while allowing cities and towns to establish special ordinances to permit weed consumption in specific places. The proposed legislation aims to differentiate cannabis use from tobacco consumption, which is currently allowed in the same public areas under the state law that permits tobacco smoking.

Sen. Borello emphasized the distinction between tobacco and cannabis use, asserting that applying the same public usage rules is inappropriate. He compared cannabis consumption to alcohol use, noting that both can result in cognitive and motor impairment, similar to alcohol consumption.

If passed into law, the measure would impose a $125 fine on those who violate the ban on public cannabis consumption. Sen. Borello pointed out that most states with legal adult-use cannabis programs have restricted consumption to private properties, adopting a more responsible policy. He expressed concern that New York’s approach to recreational marijuana laws might lean towards recklessness rather than responsibility.

As cannabis policies and restrictions vary from state to state, this proposed measure highlights the ongoing discussions surrounding public cannabis consumption and the need for clear regulations to address community concerns and ensure public safety.