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S9155

An act to amend the Cannabis Law — 2026-02-11 · Calendar #351

The New York State Senate passed legislation Wednesday clarifying how distances from schools and houses of worship are measured for adult-use cannabis dispensaries, in a 36-23 vote that exposed deep partisan and philosophical divisions over marijuana regulation. Senate Print 9155, sponsored by Sen. Krueger, changes the measurement point from school property lines to school building entrances—500 feet for schools and 200 feet for houses of worship. The bill was introduced Sunday and rushed to a vote on a getaway day, drawing criticism from opponents who said the Legislature was covering for Office of Cannabis Management failures. Supporters, led by Sen. Cooney, argued the bill provides necessary clarity to the agency and creates a regulated legal market to displace illegal cannabis shops. They noted the restrictions remain more stringent than alcohol licensing rules. Opponents, including Sens. Martins, Walczyk, Borrello, and Rhoads, contended the bill weakens child protections by allowing dispensaries closer to school playgrounds, athletic fields, and church properties. Sen. Martins argued the Legislature should enforce the original law rather than cover for agency errors. Sen. Walczyk questioned why the Governor's bill warranted emergency passage to override legislative protections. Several senators cited studies showing increased youth cannabis use, accidental poisonings up 70 percent, and psychiatric risks. Sen. Rhoads referenced a New York Times editorial acknowledging that legalization predictions about marijuana's harms were wrong. Sen. Harckham noted the bill was necessitated by a court lawsuit with a deadline next week, explaining the compressed timeline. The bill now goes to the Assembly.
PASSED Ayes: 36 · Nays: 23

Debate Summary

The bill clarifies how distances from schools and houses of worship are measured for adult-use cannabis dispensaries. Instead of measuring from school property lines, the bill measures 500 feet from school building entrances and 200 feet from houses of worship. Supporters argue this provides clarity to the Office of Cannabis Management and creates a legal market framework. Opponents contend the bill weakens protections for children by allowing dispensaries closer to school grounds, playgrounds, and athletic fields, and criticize the rushed three-day timeline and Sunday introduction.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Bailey aye Democrat
Cooney aye Democrat
Gianaris aye Democrat
Harckham aye Democrat
Addabbo nay Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Chan nay Republican
Helming nay Republican
Lanza nay Republican
Martinez nay Democrat
Martins nay Republican
Mattera nay Republican
Murray nay Republican
Myrie nay Democrat
O'Mara nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Rolison nay Republican
Scarcella-Spanton nay Democrat
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican