Smoking marijuana could become illegal again in many New York areas

Marijuana smokers enjoying the freedom to light up anywhere cigarettes are legally allowed could soon find themselves running to the hills.

On Sep. 13, New York State Assemblymember Phillip Steck (D) introduced legislation that “Prohibits the use of 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; provides for increased penalties for a second or subsequent violation.”

The proposed measure would amend current marijuana law, disallowing New Yorkers to smoke within 30 feet of anywhere a child could be expected to be present, “including areas separated by walls, closed doors or floors within a building.”

This ostensibly means that smoking and vaping marijuana would become illegal in large swaths of New York’s cities, including within one’s own residence, should a child potentially be present nearby. Tobacco smokers would be unaffected by the amendment.

If the state legislature passes the bill, and Gov. Kathy Hochul signs it or allows it to become law, there would be a 90-day countdown before law enforcement could make their first arrests. Those caught violating the law would be subject to a $25 penalty or up to 20 hours of community service. Second-time offenders could find themselves in jail for up to 90 days, charged with a class B misdemeanor.

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Since recreational use of cannabis became legal, some members of the public have expressed irritation at the invasive smell of burning marijuana and the possible second-hand effects of its smoke. Saugerties town officials spoke in June about addressing these concerns by supporting changes to state law, such as Steck’s proposed measure.

The roll-out of legal recreational cannabis has been a mess in New York, with dispensary openings subject to regulatory and legal delays, leading to a thriving black market. To address these shortcomings, New Paltz recently authorized a “grower’s market” for local cannabis providers to sell their wares legally in a parking lot. This came as quite the relief to growers who have harvested huge amounts of product with extremely few options for legally dispensing it.

Many dispensaries are proposed for the Hudson Valley. While an August court order cleared the way for a limited number of pot shops in the Mid-Hudson Valley, like a cloud of white smoke emanating from a joint, the fate of the industry is still up in the air. The vast majority of the area’s proposed dispensaries are still blocked in court.