New York Bill Would Ban Cannabis Smoking and Vaping Within 30ft of Children

A bill introduced in New York seeks to prohibit smoking or vaping cannabis within 30 feet of a child or 30 feet of any location in which children reside or attend for any recreational or educational purpose. The legislation, introduced by Democratic Assemblymembers Phil Steck and Marianne Buttenschon, would impose a $25 fine and no more than 20 hours of community service for a first offense, rising to a class B misdemeanor for subsequent violations. 

In a statement posted to Facebook, Steck said that “Many constituents have expressed concern over irresponsible behavior with marijuana that adversely affects the rights of others to raise their children as they feel is appropriate.”    

“People do not have a God-given right to engage in any behavior they want at any time, in any place, under any circumstances. People have a right to enjoy marijuana so long as it does not adversely affect the rights of others. Further, the [Centers for Disease Control] has described significant adverse health effects from modern marijuana. That does not mean making it illegal. It just means taking a sensible approach to it.” — Steck in a statement on Facebook 

Stack added that while he has “steadfastly supported” cannabis legalization and “resisted attacks” on legalization by colleagues, he is “not a libertarian with respect to marijuana, or anything else for that matter.”  

“Marijuana and alcohol (which is already substantially regulated) need to be regulated in the best interest of the entire community,” he wrote in the Facebook post. 

The measure is currently in the Assembly Codes Committee.