New York’s Proposed 30-Foot Law May Force Many to Give Up Pot

If you occasionally enjoy cannabis in the privacy of your own residence, those days may soon be over.

Two new laws are currently being proposed that would put tougher restrictions on recreational marijuana use for many New Yorkers. One of them could actually make it illegal for hundreds of thousands of residents to smoke pot in their own homes.

Two New Cannabis Restrictions Proposed in New York State

This week, New York Assemblyman Phil Steck proposed two bills that would put limits on legalized marijuana use. The laws are said to be safety measures aimed at protecting users and children but opponents say it's just an excuse to make recreational use more difficult.

The proposed restrictions come just as legalized cannabis is finally gaining momentum throughout the state. After a slow rollout in 2022, dispensaries are finally beginning to open up in many communities, allowing most New Yorkers to have their first experience with legalized marijuana.

First Bill Would Limit Potency of Cannabis in New York

Bill A977, the first of two proposed laws filed this week, seeks to limit the potency of cannabis flower sold in New York to 15 percent THC. Steck calls the absence of a potency cap on cannabis strength "The most egregious omission in legalizing adult-use cannabis in New York State".

If passed, cannabis flowers sold in the state would be limited to 15 percent THC in flowers and 25 percent in other cannabis or hemp products. Growing or distributing products outside of these limits could be punished by 90 days in jail and a $500 fine.

Another Proposed Bill Would Outlaw Cannabis Use Near Children

A second bill filed by Steck on Wednesday is far more controversial, and one that critics say could force many people to give up cannabis altogether. Bill A1007 would make it illegal to vape or smoke cannabis within 30 feet of any location where a child lives, attends school or goes for "recreational purposes". This includes through walls, doors and ceilings.

What this means is that anyone who lives in a home with a child would be prohibited from using cannabis at their own residence even if that child isn't home when they're vaping. Furthermore, people who don't have a child but live next to people who do would also be banned from smoking or vaping in their own residences. For example, a person living alone in an apartment would be unable to legally use cannabis if their upstairs neighbor has a kid.

Steck says the law is aimed at protecting children.

Most adults have to ability to remove themselves from the area, children may not have the same ability. This bill requires adults maintain a safe distance from children when smoking or vaping cannabis.

It's unclear just how much support these bills have or when they could possibly be brought up for a vote.