A new bill, A01007, has been proposed in Albany, New York, that would impose additional restrictions on where adults can smoke or vape cannabis in the state. The primary goal of the legislation is to protect children from exposure to secondhand cannabis smoke or vapor.
30-Foot Rule and Potential Challenges
Under the proposed bill, smoking or vaping cannabis would be prohibited within 30 feet of a child or any location where children reside or attend for recreational or educational purposes, even if separated by walls, closed doors, or floors within a building.
Assemblywoman Marianne Buttenschon, the bill's co-sponsor, stated that the sole purpose of the legislation is to protect children. However, Attorney Barry Covert raised concerns about the practicality and enforceability of the proposed law, particularly in densely populated areas where homes may be less than 30 feet apart.
Stricter Penalties and Concerns Over Broad Language
The bill also introduces stricter penalties for violations. A second offense would be classified as a class B misdemeanor, which could result in up to 90 days in jail. Currently, violations are punishable by a fine of up to $25 or up to 20 hours of community service.
Covert expressed concerns that the bill's language seems overly broad, potentially criminalizing individuals who unknowingly smoke or vape near a child who happens to pass by. He questioned how the law would be enforced, given the difficulty in determining the 30-foot distance in various situations.
Other Cannabis-Related Legislation
In addition to A01007, another cannabis-related bill has been pre-filed in the Assembly. This legislation aims to limit the potency of cannabis products sold in the state.
As New York continues to navigate the legalization of adult-use cannabis, lawmakers are working to strike a balance between personal freedom and public health concerns, particularly when it comes to protecting children from secondhand exposure to cannabis smoke and vapor.
