Should NY ban marijuana smoking, use in public? These lawmakers say yes.

Several state lawmakers are pushing legislation seeking to ban smoking and consuming marijuana in public places in New York, citing in part mounting complaints about communities reeking of the drug’s pungent odor.

The bill would impose a $125 fine on New Yorkers caught using marijuana in public places. The ban covers all streets, sidewalks, parks, and outdoor patios of restaurants and bars, unless designated for cannabis use by the local government.

Currently, marijuana use in public places is restricted in connection to public smoking measures, some of which ban smoking tobacco and cannabis in parks, beaches, school grounds and near health care facilities. These laws generally carry fines of $25 or $50, depending upon the location of the violation.

Should marijuana be treated like alcohol?

State Sen. George Borrello, R-Sunset Bay, representing parts of Western New York, asserted that “equating tobacco smoking with marijuana use is a false comparison.”

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“Marijuana has THC, a potent psychoactive drug that causes a ‘high’ and can result in cognitive and motor impairment, similar to alcohol,” he said in a statement. People in this condition — on sidewalks or other public places — “represent a potential hazard to themselves or others,” he added.

Borrello, who introduced the bill this week in the Senate, compared the proposed marijuana use restrictions to the so-called open container law that bans drinking alcohol in most public places. The open container law has fines that vary by community, ranging from $25 in New York City to up to $250 in some upstate locales, he said.

Does prior marijuana discrimination impact public use ban?

The push to ban public marijuana use comes after many New York lawmakers cited the need to legalize the drug in 2021 to end decades of racially biased enforcement of marijuana prohibition.

Borrello asserted the bill banning public marijuana use would not open the door to unfair targeting based on race.

“There are no criminal penalties attached to this legislation,” he said, adding the primary goal “is to serve as a deterrent to consuming marijuana in public, in the interest of public health and safety and the quality of life in our state.”

Still, examples abound historically of biased policing linked to marijuana-related searches and arrests, which have disproportionately impacted Black and Hispanic New Yorkers.

Do other states ban public marijuana use?

Borrello, however, noted banning public consumption of marijuana is common in most states that have legalized adult-use marijuana, including Colorado and California.

Dozens of emails and calls from New Yorkers “who say they are disgusted by the reeking odor of marijuana that is now prevalent” in many public spaces have also flooded Borrello’s office, he said.

How would public marijuana use ban get enforced?

While people smoking marijuana in public are easily identified due to the smell, police would almost assuredly struggle to catch those using odorless and discreet vaping devices or eating marijuana-infused edibles.

“While enforcement may be difficult in some instances, simply passing this law would communicate a level of seriousness about marijuana consumption that is utterly lacking right now,” Borrello said.

“There is a perception out there that pot is harmless. The reality is the opposite,” he added, noting research has found significant and lasting cognitive impairments caused by the drug.

Is second-hand marijuana smoke dangerous?

Meanwhile, the state Office of Cannabis Management has issued warnings on its website about public health risks of smoking marijuana in public.

“While more research is necessary, the evidence available so far indicates that second-hand smoke from cannabis can have adverse health effects,” the agency noted.

“Like tobacco smoke, cannabis smoke contains tar and cancer-causing chemicals, which raises concerns,” the agency stated, noting cannabis aerosol can also contain harmful chemicals.

“It’s important to be mindful about where you smoke (cannabis) and to be sure that you’re doing so away from other people,” the agency added.

Will NY public marijuana use ban get approved?

Odds of the public marijuana use ban taking effect in New York are slim so far, as the bill has thus far only garnered sponsorship by three Republicans in the Democrat-controlled Legislature. It was introduced in May in the Assembly and this week in the Senate.

Senate Majority Leader Andrea Stewart-Cousins, D-Yonkers, and Assembly Speaker Carl Heastie, D-Bronx, did not immediately respond to requests for comment on the bill.

This article originally appeared on Rockland/Westchester Journal News: Should NY ban marijuana smoking, use in public? Some lawmakers say yes