S 5270: Prohibits any cannabis related advertisements in establishments within a certain distance from schools; increases penalties for prohibited advertisement of tobacco and cannabis products; requires enforcement inspections.

  
  STATE OF NEW YORK ________________________________________________________________________ 5270 2025-2026 Regular Sessions  IN SENATE February 20, 2025 ___________ Introduced by Sens. BAILEY, ADDABBO, FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to public display or advertisements of cannabis products The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1399-dd-1 of the public health law, as added by 2 section 13 of part EE of chapter 56 of the laws of 2020, is amended to 3 read as follows: 4 § 1399-dd-1. Public display of tobacco product and electronic ciga- 5 rette advertisements and smoking paraphernalia prohibited. 1. For 6 purposes of this section: 7 (a) "Advertisement" means words, pictures, photographs, symbols, 8 graphics or visual images of any kind, or any combination thereof, which 9 bear a health warning required by federal statute, the purpose or effect 10 of which is to identify a brand of a tobacco product, electronic ciga- 11 rette, or vapor product intended or reasonably expected to be used with 12 or for the consumption of nicotine, a trademark of a tobacco product, 13 electronic cigarette, or vapor product intended or reasonably expected 14 to be used with or for the consumption of nicotine [or], a trade name 15 associated exclusively with a tobacco product, electronic cigarette, or 16 vapor product intended or reasonably expected to be used with or for the 17 consumption of nicotine or to promote the use or sale of a tobacco prod- 18 uct, electronic cigarette, or vapor product intended or reasonably 19 expected to be used with or for the consumption of nicotine, or words, 20 pictures, photographs, symbols, graphics or visual images of any kind, 21 or any combination thereof which are associated with cannabis use or 22 cannabis products as defined in section three of the cannabis law and 23 which are intended or reasonably expected to promote the sale of such 24 products. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00447-01-5 
 S. 5270 2 1 (b) "Smoking paraphernalia" means any pipe, water pipe, hookah, roll- 2 ing papers, electronic cigarette, vaporizer or any other device, equip- 3 ment or apparatus designed for the inhalation of tobacco or nicotine. 4 (c) "Vapor product" means any vapor product, as defined by section 5 thirteen hundred ninety-nine-aa of this article, intended or reasonably 6 expected to be used with or for the consumption of nicotine. 7 (d) "Tobacco products" shall have the same meaning as in subdivision 8 five of section thirteen hundred ninety-nine-aa of this article. 9 (e) "Electronic cigarette" shall have the same meaning as in subdivi- 10 sion thirteen of section thirteen hundred ninety-nine-aa of this arti- 11 cle. 12 2. (a) No person, corporation, partnership, sole proprietor, limited 13 partnership, association or any other business entity may place, cause 14 to be placed, maintain or to cause to be maintained, smoking parapher- 15 nalia or advertisements for any tobacco product, electronic cigarette, 16 or vapor product intended or reasonably expected to be used with or for 17 the consumption of nicotine [advertisements] in a store front or exteri- 18 or window or any door which is used for entry or egress by the public to 19 the building or structure containing a place of business within one 20 thousand five hundred feet of a school, provided that within New York 21 city such prohibitions shall only apply within five hundred feet of a 22 school. 23 (b) Any person, corporation, partnership, sole proprietor, limited 24 partnership, association or any other business entity in violation of 25 this section shall be subject to a civil penalty of not more than five 26 [hundred] thousand dollars for a first violation and not more than [one] 27 ten thousand dollars for a second or subsequent violation. 28 3. An enforcement officer, or the department where no enforcement 29 officer has been designated, shall conduct random inspections on a quar- 30 terly basis of each retail dealer licensed to sell cigarettes, tobacco 31 products, or vapor products at establishments located within the juris- 32 diction of such enforcement officer or office, to determine compliance 33 with the provisions of this section. 34 § 2. This act shall take effect on the thirtieth day after it shall 35 have become a law.