New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter XIII - Medical Use of Marihuana › Part 1004 - Medical Use of Marihuana › Section 1004.18 - Prohibition the use of approved medical marihuana products in certain places

Current through Register Vol. 46, No. 28, July 10, 2024
(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;
(2)
				bars;
(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;
(16) indoor arenas;
(17) zoos;
(18) bingo facilities.