State Sen. Dean Murray rose on the Senate floor to oppose Senate Bill S9155, legislation that changes how New York measures the distance between adult-use marijuana dispensaries and nearby schools and houses of worship.
The bill would prohibit dispensaries from operating on the same street and within 500 feet of a school or 200 feet of a house of worship, with distances measured in straight lines from the center of the nearest entrance of each building.
Supporters say the measure clarifies state law, but Murray argued it weakens protections for children and strips municipalities of meaningful control.
“We’re talking apples and oranges,” Murray said, rejecting comparisons between cannabis rules and alcohol regulations. “You can’t walk down the street, not smell the skunky, disgusting smell… We pass laws regarding secondhand smoke… Alcohol? I’ve never heard of secondhand alcohol drunkenness.”
He described what he called a realistic outcome under the bill.
“That pot shop could literally be a stone’s throw away from the monkey bars where an eight-year-old is swinging,” Murray said. “They’re going to smell it. We’re not helping these kids any.”
Murray repeatedly cited the Town of Brookhaven as proof that local zoning authority is limited.
Brookhaven opted into allowing cannabis sales believing it could confine dispensaries to industrial zones.
“Surprise, surprise. They don’t have control over that,” Murray said, recounting conversations with the Attorney General’s office. He said he was told the state controls licensing, while zoning remains local only if it does not interfere with state objectives. “Do we really have control? The answer is no. Absolutely not.”
Calling the legislation a continuation of earlier missteps, Murray concluded, “We are compounding that mistake at the risk of our children… It’s all about the Benjamins. No thank you.”