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A08200 Summary:

COSPNSRDeStefano, Gallahan, Smullen, Blankenbush, Flood, McDonough, Lemondes
Add §86-a, Cannabis L
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.
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A08200 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  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.
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A08200 Text:

                STATE OF NEW YORK
                               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.
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