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Assembly passes bill to clarify how cannabis proximity is measured, protecting dozens of licensees
Summary
The Assembly voted 93–48 to adopt A.10140, a statutory clarification that measures cannabis-business proximity "door to door" (center-door to center-door) — preserving the operating status of roughly 108 licensed dispensaries the sponsor says were affected by prior Office of Cannabis Management guidance.
Assemblymember Zimmerman, the bill sponsor, told colleagues the measure was narrowly written to fix a regulatory miscommunication and "simply clarifies" how distances are measured between licensed cannabis retail locations and schools or houses of worship. She said the change aligns enforcement with current practice and protects businesses that opened in reliance on prior agency guidance.
The bill (Assembly number 10140) establishes that the 500-foot buffer for schools and the 200-foot buffer for houses of worship are to be measured from "center door to center door," a formulation the sponsor said OCM had been using in practice but had not consistently documented. Zimmerman said the clarification is aimed at operators who received written agency confirmation and signed leases; she cited roughly "108" operating businesses affected ("89 of them are in New York City, and 19 are outside of the city") and an additional 44 pending applicants as having been harmed by inconsistent guidance.
Opponents pressed Zimmerman on the change's effect on child-serving facilities, asking whether some preschools or daycare centers that fall under the Office of Children and Family Services might be excluded by OCM's interpretation. They called for more transparency about how OCM previously measured distances and questioned whether municipalities that earlier "opted in" should be allowed to opt back out if they relied on different interpretations. One member said he would vote no because he believed the original MRTA debate had left unresolved public-safety and impairment-detection issues.
Supporters framed the vote as correcting a mistake that threatened businesses that followed state direction. "When a business acts in good faith, reliance on state approval should mean something," a supporter said during debate, urging colleagues to preserve jobs and community investment. The sponsor said the bill does not expand access or weaken protections; it preserves the 500/200-foot buffers and restores clarity for enforcement.
The Assembly recorded a roll-call vote after debate. Ayes: 93. Nays: 48. The bill passed and, according to the clerk, "This act shall take effect immediately."
