N.Y. Comp. Codes R. & Regs. tit. 10 § 1004.18
Current through Register Vol. 46, No. 45, November 2, 2024
Section 1004.18 - Prohibition the use of approved medical marihuana products in certain places(a) Approved medical marihuana products shall not be vaporized in a public place. In no event shall approved medical marihuana products be consumed through vaporization in any location in which smoking is prohibited under section 1399 of the Public Health Law, including: (1) places of employment;(3) food service establishments, except as provided in subdivision 6 of section 1399-q of the Public Health Law;(4) enclosed indoor areas open to the public containing a swimming pool;(5) public means of mass transportation, including subways, underground subway stations, and when occupied by passengers, buses, vans, taxicabs and limousines;(6) ticketing, boarding and waiting areas in public transportation terminals;(7) youth centers and facilities for detention as defined in sections 527-a and 503 of the Executive Law;(8) any facility that provides child care services as defined in section 410-p of the Social Services Law, provided that such services provided in a private home are excluded from this subdivision when children enrolled in such day care are not present;(9) child day care centers as defined in section 390 of the Social Services Law and child day care centers licensed by the City of New York;(10) group homes for children as defined in section 371 of the Social Services Law;(11) public institutions for children as defined in section 371 of the Social Services Law;(12) residential treatment facilities for children and youth as defined in section 1.03 of the Mental Hygiene Law;(13) 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;(14) general hospitals and residential health care facilities as defined in article 28 of the Public Health Law, and other health care facilities licensed by the State in which persons reside; provided, however, that the provisions of this subdivision shall not prohibit vaporization by patients in separate enclosed rooms of hospitals, residential health care facilities, and adult care facilities established or certified under title 2 of article 7 of the Social Services Law, community mental health residences established under section 41.44 of the Mental Hygiene Law, or facilities where day treatment programs are provided, which are designated as smoking rooms for patients of such facilities or programs;(15) commercial establishments used for the purpose of carrying on or exercising any trade, profession, vocation or charitable activity;(b) Vaporization of approved medical marihuana products shall not be permitted and no person shall vaporize an approved medical marihuana product within 100 feet of the entrances, exits or outdoor areas of any public or private elementary or secondary schools; however, that the provisions of this subdivision shall not apply to vaporization in a residence, or within real property boundary lines of such residential real property.(c) Consumption of approved medical marihuana product shall not be permitted in any motor vehicle, either public or private, that is located upon public highways, private roads open to motor vehicle traffic, parking area of a shopping center or any parking lot, as defined in section 129 of the Vehicle and Traffic Law. N.Y. Comp. Codes R. & Regs. Tit. 10 § 1004.18
Adopted, New York State Register April 15, 2015/Volume XXXVII, Issue 15, eff. 4/15/2015