New York Legislature Passes Bill Allowing Marijuana Dispensaries Near Houses of Worship, Sends Measure to Governor
- The New York legislature approved a bill removing restrictions on adult-use marijuana dispensaries operating near houses of worship, while maintaining distance rules for schools.
- The legislation, Senate Bill 9155, replaces the earlier Assembly Bill 10140 and has been sent to the governor for consideration.
- The bill specifies that properties exclusively used as houses of worship are no longer disqualified from hosting dispensaries based on their religious function.
- Applicants previously denied licenses solely due to proximity to houses of worship can now have their applications reconsidered retroactively for submissions before July 1, 2025.
New York lawmakers have given final approval to legislation that would loosen where adult-use marijuana dispensaries are allowed to operate by allowing them to open near places of worship, sending the measure to the governor for consideration. The proposal was initially introduced in the Assembly as Assembly Bill 10140, sponsored by Assemblymembers Stefani Zinerman (D), Crystal Peoples-Stokes (D), Albert Stirpe (D) and George Alvarez (D). However, that bill was ultimately replaced with Senate Bill 9155, which contains the same language. Both chambers have now passed SB 9155, with the bill being delivered today to the governor.
The legislation 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.
The approved measure 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. Dispensaries would still be barred from operating within the restricted distance of a school, but the same rule would no longer apply 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 measure 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 change 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.