In 2021 New York State legalized the adult use of marijuana and earlier this week Western New York's first licensed cannabis dispensary opened.
On Thursday, New York State Senator George Borrello (R - NY) proposed legislation that would prohibit the smoking and consumption of marijuana in public places unless specifically authorized.
According to Borrello, under the bill cities and towns would be able to enact ordinances regarding whether and where marijuana could be publicly consumed. Borrello said under current state law, public marijuana use is allowed anywhere tobacco smoking is allowed. The senator also said that the bill would establish a $125 fine for a violation.
“Since the enactment of the Marijuana Regulation and Taxation Act (MRTA) in 2021, I’ve received many complaints from concerned constituents about the increase in public pot consumption. State residents, including children, are now regularly assailed with the pungent odor of marijuana on public sidewalks, in parking lots and other public spaces. Many New Yorkers don’t want to be exposed to either the effects of marijuana smoke or its smell and don’t want their children subjected to it.”
In addition, Borrello said equating tobacco smoking with marijuana use is a "false comparison" and that nearly all states that have legalized recreational marijuana have limited its usage to private property.
“There is a world of difference between tobacco consumption and marijuana use, which is why it is inappropriate to apply the same public usage rules. Marijuana has THC, a potent psychoactive drug that causes a ‘high’ and can result in cognitive and motor impairment, similar to alcohol. Individuals in this condition, on sidewalks or other public places, represent a potential hazard to themselves or others. That is why the same public consumption restrictions that apply to alcohol should apply to marijuana."
