Current through Register Vol. 46, No. 12, March 20, 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.