New York: Two Assembly Committees Approve Bill to Allow Cannabis Dispensaries to Stay Open Near Houses of Worship
- New York Assembly Bill 10140, aiming to relax location restrictions for adult-use marijuana dispensaries, was approved by the Economic Development and Ways and Means Committees on February 10, advancing it toward a full Assembly vote.
- The bill maintains distance restrictions from schools for dispensary locations but removes houses of worship from those restrictions, allowing dispensaries closer to religious institutions than previously permitted.
- The legislation clarifies that buildings used exclusively as houses of worship by not-for-profit organizations are eligible for dispensary licenses and provides a mechanism to reconsider previously denied applications affected by the proximity to houses of worship rule.
- The measure applies retroactively to applications submitted before July 1, 2025, and has now moved to the Rules Committee, the final step before potential floor action in the Assembly.
New York State Capitol Building.
A New York Assembly proposal that would loosen where adult-use marijuana dispensaries are allowed to operate advanced Tuesday after being approved by two key committees in a single day, positioning the measure for potential floor action in the near future. Assembly Bill 10140, sponsored by Assemblymember Stefani Zinerman (D), Assemblymember Crystal Peoples-Stokes (D), Assemblymember Albert Stirpe (D) and Assemblymember George Alvarez (D), was approved February 10 by both the Assembly Economic Development Committee and the Assembly Ways and Means Committee. The measure has now been reported to the Rules Committee.
The vote in the Economic Development Committee was 17 to 9, whereas the Ways and Means Committee vote was 19 to 8.
The proposal amends existing state law that currently restricts where retail adult-use dispensaries can operate in proximity to both schools and houses of worship. Under current rules, marijuana retail licenses cannot be issued if a proposed location is too close to either. AB 10140 keeps the distance restriction in place for schools, but removes houses of worship from that requirement.
Specifically, the bill strikes language that treats houses of worship the same as schools for purposes of location restrictions. The updated language would still prohibit dispensaries from operating within the restricted distance of a school, but no longer apply that same rule to churches, synagogues, mosques or other religious institutions.
The legislation also clarifies that a building’s use as a house of worship does not disqualify a property if the structure is “exclusively occupied as such where not-for-profit religious organizations occupy the house of worship except to pay for defray costs related to another party’s use of the building.”
In addition, the bill provides a pathway for applicants who were previously denied a license solely due to proximity to a house of worship to have their applications reviewed again under the updated standard.
The measure applies retroactively to applications submitted before July 1, 2025, allowing them to be reconsidered if the only issue was the house-of-worship proximity rule.
By advancing through both Economic Development and Ways and Means in a single day, the proposal has moved to the Rules Committee which is the final step before a full Assembly vote.