What's happening
This bill prohibits smoking or vaping cannabis within thirty feet of children or locations where children live or gather, with penalties for violations.
Why it matters
Expands legal protections for children. by making it a specific offense to smoke or vape cannabis near children or in places where they live, learn, or gather—even if separated by walls or floors—thereby aiming to reduce their exposure to secondhand cannabis smoke.
Strengthens enforcement. by escalating penalties for repeat offenders: after a first violation (civil fine or community service), subsequent offenses for smoking or vaping cannabis near children can result in criminal charges (class B misdemeanor), potentially deterring habitual violators.
Creates clearer boundaries for adults. about where cannabis use is permissible, potentially affecting users in multi-unit housing, public spaces, and community centers, and encouraging more responsible consumption behaviors around families and youth.
Signals a public health and safety priority. by treating exposure to cannabis smoke around children similarly to tobacco, reflecting evolving concerns about cannabis normalization and its impact on minors.
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Who cares
Headline styles
Restrict Cannabis Near Children
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1007
2025-2026 Regular Sessions
IN ASSEMBLY (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 Assembly, 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 cannabis 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.