Prohibits roadside signage for the sale of cannabis or cannabis products on a highway, road, or other vehicular pathway; establishes that a civil penalty of $1,000 shall be assessed for the first offense and a subsequent fine of up to $2,500 for each day that a violation continues.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8200
SPONSOR: Gray TITLE OF BILL:
An act to amend the cannabis law, in relation to prohibiting roadside
signage for the sale of cannabis
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the display of cannabis products sale unless by an author-
ized dealer on the premise of the authorized business, so long as the
signage only identifies the business. SUMMARY OF PROVISIONS:
Section 1 defines the act as the "Roadside Cannabis Advertising Prohibi-
tion Act".
Section 2 prohibits the roadside signage for the sale of cannabis, or
cannabis product, on any vehicular pathway within the state. Also
defines the exemptions, including authorized retailers.
Section 3 sets the penalties for violation and establishes the effective
date.
JUSTIFICATION:
The rollout Office of Cannabis Management has included many delays,
turmoil and confusion. A concern of many New Yorkers is that advertise-
ments of many cannabis products will be geared towards adolescents,
including those who may not even be of legal age to possess cannabis or
cannabis products. For example, in my district there is a large bill-
board with a pronounced "Got Weed?" advertisement, closely resembling
the "Got Milk?" campaign that was directed towards teenagers. Numerous
scientific studies have shown serious effects from marijuana on teenag-
ers brain's, and this• legislation will ensure that products are not
advertised in a harmful way, while protecting the rights of authorized
establishments to have signage acknowledging the location of their
venue. This legislation does not prohibit the signage for retail oper-
ations, rather specific product advertising.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
The 1st of the month of January following the enactment of this law.
STATE OF NEW YORK
________________________________________________________________________
8200
2023-2024 Regular Sessions
IN ASSEMBLY
October 27, 2023
___________
Introduced by M. of A. GRAY -- read once and referred to the Committee
on Economic Development
AN ACT to amend the cannabis law, in relation to prohibiting roadside
signage for the sale of cannabis
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "roadside
2 cannabis advertising prohibition act".
3 § 2. The cannabis law is amended by adding a new section 86-a to read
4 as follows:
5 § 86-a. Prohibition of roadside signage for the sale of cannabis. 1.
6 No person, business entity, or governmental entity shall erect or main-
7 tain any sign or billboard that advertises the sale of cannabis or
8 cannabis products, as defined in this article, on a highway, road, or
9 other vehicular pathway within the state.
10 2. This prohibition shall not apply to signs or billboards that iden-
11 tify an authorized retailer and are located on the premises of that
12 business which is legally allowed to sell cannabis or cannabis products,
13 so long as the signage only identifies the business. Cannabis product
14 signage should only be affixed to a building and not readable on the
15 highway, road, or other vehicular pathway.
16 3. A violation of this section shall be punishable by a civil penalty
17 of up to one thousand dollars for the first offense, and up to two thou-
18 sand five hundred dollars for each subsequent offense. Each day that a
19 violation continues shall constitute a separate and distinct offense.
20 § 3. This act shall take effect on the first of January next succeed-
21 ing the date on which it shall have become a law and shall apply to
22 signs and billboards erected or maintained on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13415-01-3
