A New York Democrat has introduced a pair of bills that would put new restrictions on marijuana in the state. One measure would limit the THC potency of cannabis products, while the other would prohibit cannabis consumption within 30 feet of where any child lives.
Both bills, A977 and A1007, were filed on Wednesday by Assemblymember Phil Steck. The potency proposal would limit marijuana flower to no more than 15 percent delta-9 THC, while all other cannabis products—including concentrates and hemp-derived products—would be capped at 25 percent delta-9 THC.
Growing, processing or distributing products exceeding those limits would be a Class B misdemeanor, punishable by up to 90 days in jail and a $500 fine.
The consumption measure, meanwhile, would outlaw smoking or vaping cannabis “within thirty feet of a child or within thirty feet of any location in which children reside or attend for any recreational or educational purpose.”
The restriction would include “areas separated by walls, closed door or floors within a building,” meaning the change could theoretically limit cannabis consumption even within users’ private residences if their neighbors have kids.
In addition to that provision, the consumption bill would also step up penalties for second and subsequent offenses around unlawful marijuana use, such as consuming near schools or using in areas where smoking or vaping is otherwise prohibited. Currently those activities are civil violations that carry a fine of up to $25 or community service. Under Steck’s bill, that would still be true for the first offense, but subsequent offenses would be charged as Class B misdemeanors.
A legislative memo in support of tighter consumption restrictions says that research has “shown that second-hand smoke from vaping and smoking cannabis are proven to be harmful to the health of adults and children.”
“Most adults have to ability to remove themselves from the area, children may not have the same ability,” the memo says. “This bill requires adults maintain a safe distance from children when smoking or vaping cannabis.”
As for Steck’s proposed THC limit, the memo in support of that proposal says that “the most egregious omission in legalizing adult-use cannabis in New York State is the absence of any cap on its potency.”
“Most people can use cannabis safely,” it says, but with increased availability of higher THC concentrations, there have been more adverse drug reactions.”
The memo also says that in particular, “edibles are trouble,” citing a study out of Colorado that found that edibles accounted for less than 1 percent of statewide cannabis sales but were responsible for 11 percent of emergency room visits.
“With an eye towards public health and safety,” it adds, “this legislation imposes a 15 percent cap on any cannabis flower, and a 25 percent cap on the concentration of the active ingredient delta-9 tetrahydrocannibinol in all manufactured cannabis products in the state.”
Notably, the bill would not adjust the total allowable THC limits in state-legal cannabis edibles, and the percentage-based limits would likely do little to rein in potency of the products. Even at the proposed 25 percent THC limit, a gummy weighing just 2 grams could contain up to half a gram of THC—a massive dose for most consumers.
The advocacy group NORML quickly came out against the new potency bill, A977, calling its proposed limits “arbitrary” in an email to supporters on Thursday.
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