Current through Register Vol. 46, No. 52, December 24, 2024
(a) Approved
medical marihuana products shall not be vaporized in a public place. In no
event shall approved medical marihuana products be consumed through
vaporization in any location in which smoking is prohibited under section 1399
of the Public Health Law, including:
(1)
places of employment;
(2)
bars;
(3) food service
establishments, except as provided in subdivision 6 of section
1399-q of
the Public Health Law;
(4) enclosed
indoor areas open to the public containing a swimming pool;
(5) public means of mass transportation,
including subways, underground subway stations, and when occupied by
passengers, buses, vans, taxicabs and limousines;
(6) ticketing, boarding and waiting areas in
public transportation terminals;
(7) youth centers and facilities for
detention as defined in sections
527-a and
503 of the
Executive Law;
(8) any facility
that provides child care services as defined in section
410-p of
the Social Services Law, provided that such services provided in a private home
are excluded from this subdivision when children enrolled in such day care are
not present;
(9) child day care
centers as defined in section
390 of the
Social Services Law and child day care centers licensed by the City of New
York;
(10) group homes for children
as defined in section
371 of the
Social Services Law;
(11) public
institutions for children as defined in section
371 of the
Social Services Law;
(12)
residential treatment facilities for children and youth as defined in section
1.03 of the
Mental Hygiene Law;
(13) all public
and private colleges, universities and other educational and vocational
institutions, including dormitories, residence halls, and other group
residential facilities that are owned or operated by such colleges,
universities and other educational and vocational institutions;
(14) general hospitals and residential health
care facilities as defined in article 28 of the Public Health Law, and other
health care facilities licensed by the State in which persons reside; provided,
however, that the provisions of this subdivision shall not prohibit
vaporization by patients in separate enclosed rooms of hospitals, residential
health care facilities, and adult care facilities established or certified
under title 2 of article 7 of the Social Services Law, community mental health
residences established under section
41.44 of
the Mental Hygiene Law, or facilities where day treatment programs are
provided, which are designated as smoking rooms for patients of such facilities
or programs;
(15) commercial
establishments used for the purpose of carrying on or exercising any trade,
profession, vocation or charitable activity;
(16) indoor arenas;
(17) zoos;
(18) bingo facilities.
(b) Vaporization of approved medical
marihuana products shall not be permitted and no person shall vaporize an
approved medical marihuana product within 100 feet of the entrances, exits or
outdoor areas of any public or private elementary or secondary schools;
however, that the provisions of this subdivision shall not apply to
vaporization in a residence, or within real property boundary lines of such
residential real property.
(c)
Consumption of approved medical marihuana product shall not be permitted in any
motor vehicle, either public or private, that is located upon public highways,
private roads open to motor vehicle traffic, parking area of a shopping center
or any parking lot, as defined in section
129 of
the Vehicle and Traffic Law.
