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Limitations on the Use of Marijuana

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Rule status: Adopted

Agency: DOHMH

Effective date: August 6, 2022

Proposed Rule Full Text

Adopted Rule Full Text

Adopted rule summary:

New York City’s Smoke-Free Air Act (“SFAA”) prohibits the smoking, including the smoking of cannabis, in a range of locations, with certain other locations being exempt from the smoking prohibition. The New York State Marihuana Regulation and Taxation Act (MRTA) amended section 1399-q of the New York Public Health Law to prohibit the smoking or vaping of cannabis in some of the locations exempt by the SFAA and New York City regulations. To make the exemption provisions consistent between the two laws, DOHMH is amending seven Chapter 10 sections by:
- adding definitions to section 10-01 and,
- amending sections 10-02, 10-04, 10-07, 10-10, and 10-16 to prohibit the smoking and vaping of cannabis in areas that the New York Public Health Law prohibits such smoking and vaping.

Comments are now closed.

Online comments: 2

  • selim mustafa

    what can be done for Marijuana smoke that comes from my next doors windows and back yard, into my house even with my windows closed tight its in my back yard my house , i believe it comes in as the family members get in and out the from door or the back door , and even in street it s all in the air .

    Comment attachment
    Comment added April 7, 2022 11:44pm
  • A B Household

    What are the rules for indoor smoking in residential buildings? Is it legal? We get a strong second-hand Marijuana smoke seeping through the floor and walls from our neighbors downstairs. Both my husband and I are highly sensitive to any type of smoke, and get especially nauseated from the Marijuana habits of our neighbors. Can the city be more explicit and issue proper laws for this kind of smoking — like it is with cigarette smoke — so that the life quality of normal, non-smoking/non-addicted residents is not at risk?

    Comment added April 27, 2022 9:21pm