[HISTORY: Adopted by the Board of Trustees of the Village of Briarcliff Manor as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-2021 by L.L. No. 17-2021]
A. 
New York State's recent decriminalization of recreational marijuana allows local municipalities to impose their own local smoking and vaping restrictions that may be more stringent than what is mandated under Public Health Law Article 13-E (the "Clean Air Act").
B. 
The purpose of this article is to prohibit the use of cannabis and marijuana in certain public places in order to prevent disturbance to the public; to protect the public health, safety and welfare; to promote the public good; and to publish rules on the local use and restrictions in effect within the Village of Briarcliff Manor.
As used in this article, unless the context or subject matter otherwise requires, the following words shall have the following meanings:
CANNABIS
All parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. It does not include hemp, cannabinoid hemp, or hemp extract as defined by NYS MRTA or any drug products approved by the federal Food and Drug Administration.
CONCENTRATED CANNABIS
A. 
The separated resin, whether crude or purified, obtained from a plant of the genus cannabis; or
B. 
A material, preparation, mixture, compound or other substance which contains more than 3% by weight of delta-9 tetrahydrocannabinol, or its isomer, delta-9 dibenzopyran numbering system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) monoterpene numbering system.
MARIJUANA
For the purposes of this article, "marijuana" may be used interchangeably with "cannabis."
Notwithstanding any other provision of this article to the contrary, and consistent with the New York State Laws (Chapter 7-A, Cannabis Law) any individual 21 or older may:
A. 
Possess, display, purchase, obtain, or transport up to three ounces of cannabis and up to 24 grams of concentrated cannabis in public;
B. 
Transfer, without compensation, to another person 21 or older, up to three ounces of cannabis and up to 24 grams of concentrated cannabis;
C. 
Use, smoke, ingest, or consume cannabis or concentrated cannabis unless otherwise prohibited by state law, or other restrictions herein;
D. 
Possess, use, display, purchase, obtain, manufacture, transport or give to any person 21 or older cannabis paraphernalia or concentrated cannabis paraphernalia;
E. 
Plant, cultivate, harvest, dry, process or possess cultivated cannabis in accordance with Penal Law § 222.15; and
F. 
Assist another person who is 21 or older or allow property to be used in any of the acts described in the preceding subsections.
The following restrictions do not apply to smoking, vaping, or consumption in a residence or within the real property boundary lines of residential real property:
A. 
Outdoor restrictions.
(1) 
No person shall, within the Village of Briarcliff Manor, smoke or vape marijuana in any area where tobacco smoking is also prohibited, including while such person is in, upon, or within 100 feet of any of the following outdoor areas:
(a) 
Public transportation facilities;
(b) 
Public parking lots;
(c) 
Public swimming pools;
(d) 
Playgrounds;
(e) 
Public parks;
(f) 
Ticketing, boarding or platform areas of railroad stations operated by the MTA; or
(g) 
On the grounds of hospitals and residential health-care facilities, except in lawful, designated areas.
(2) 
No person shall, within the Village of Briarcliff Manor, smoke or vape marijuana or tobacco products in any covered municipal structure, except within any clearly marked, designated area.
B. 
Indoor restrictions.
(1) 
With respect to smoking and vaping, cannabis is treated the same as smoking or vaping tobacco products. Consequently, pursuant to Public Health Law Article 13-E, tobacco and cannabis products may not be smoked or vaped in the following indoor areas:
(a) 
Places of employment;
(b) 
Bars;
(c) 
Food service establishments, except as provided in Public Health Law § 1399-q;
(d) 
Enclosed indoor areas open to the public containing a swimming pool;
(e) 
Public means of mass transportation, including waiting areas and, when occupied by passengers, buses, vans, taxicabs and limousines;
(f) 
Ticketing, boarding and waiting areas in public transportation terminals;
(g) 
Youth detention centers and facilities;
(h) 
Any facility that provides child-care services;
(i) 
Child day-care centers;
(j) 
Group homes for children;
(k) 
Public institutions for children;
(l) 
Residential treatment facilities for children and youth;
(m) 
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, except that these restrictions do not apply in any off-campus residential unit occupied by a person who is not enrolled as an undergraduate student in such college, university or other educational or vocational institution;
(n) 
General hospitals and residential health-care facilities;
(o) 
Commercial establishments used for the purpose of carrying on or exercising any trade, profession, vocation or charitable activity;
(p) 
Indoor arenas;
(q) 
Zoos; and
(r) 
Bingo facilities.
C. 
Schools and libraries. Pursuant to Penal Law § 222.10 and Public Health Law Article 13-E, individuals may not smoke, vape or ingest cannabis or concentrated cannabis on school grounds (as defined by Education Law § 1125, Subdivision 10, within 100 feet of entrance, exit or outdoor areas of an elementary or secondary school or of a public library (except this does not apply to smoking or vaping in a residence or within the real property boundary lines of residential real property), or in or on a school bus.
D. 
No person shall, within the Village of Briarcliff Manor, smoke or vape marijuana or tobacco products inside of any municipal building, except within any clearly marked, designated area.
E. 
Smoking and vaping shall not be permitted where prohibited by any other law, rule, or regulation of any state or county agency.
A. 
Individuals 21 or older may plant, cultivate, harvest, dry, process and possess up to three mature cannabis plants and three immature cannabis plants at their private residence at any one time.
B. 
Cannabis must be securely stored by reasonable steps designed so that the plants are not accessible to any person under 21.
C. 
No more than six mature and six immature cannabis plants may be cultivated within any private residence, regardless of the number of individuals 21 or older who reside there. Individuals may lawfully possess up to five pounds of cannabis in their private residence or on the grounds of their private residence, so long as they take reasonable steps designed to ensure that the cannabis is in a secured place not accessible to any person under 21.
D. 
Personal cultivation of cannabis pursuant to NYS Penal Law § 222.15 is not allowed until the NYS Office of Cannabis Management issues regulations for home cultivation and storage.
Any person, upon conviction for a violation of this article, shall be guilty of a violation as defined in Article 222, Cannabis, of the NYS Penal Law, and shall be subject to civil penalties of no more than $200.
If any provision of this article or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are declared severable.
[Adopted 12-7-2021 by L.L. No. 3-2022]
It is the intent of this article to opt the Village of Briarcliff Manor out of hosting retail cannabis dispensaries and on-site cannabis consumption establishments within its boundaries.
This article is adopted pursuant to Cannabis Law § 131, which expressly authorizes cities and villages to opt out of allowing retail cannabis dispensaries and on-site cannabis consumption establishments to locate and operate within their boundaries.
If a court determines that any clause, sentence, paragraph, subdivision, or part of this article or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this article or in its application to the person, individual, firm or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered.
This article shall take effect immediately upon filing with the Secretary of State. Pursuant to Cannabis Law § 131, this article is subject to a permissive referendum and thus may not be filed with the Secretary of State until the applicable time period has elapsed to file a petition, or a referendum has been conducted approving this article.[1]
[1]
Editor's Note: No valid petition requesting such referendum was filed as of 1-7-2021.