ALBANY, NY (Erie News Now)-- In 2021 recreational marijuana use became legal in New York State. In the next legislative session, some New York State lawmakers are hoping to pass legislation restricting public consumption. 

“New York State is the only state that has legalized recreational marijuana that hasn’t put restrictions on public consumption,” said Sen. George Borrello (R-57th Senate District).

The legislation would establish a $125 fine for violation. 

New York State law currently doesn't allow the smoking of marijuana in non-smoking areas such as schools, hospitals, beaches and parks. 

Sen. Borrello feels public consumption of marijuana through non-smoking measures is concerning. 

“Marijuana contains THC which is a very potent intoxicant. The public consumption of it, particularly when you can do it with things like edibles, where it really isn’t noticeable, is problematic,” he said. 

Aaron Smith, Co-Founder of the National Cannabis Industry Association argued if the legislature is going to look at making changes to where public consumption of marijuana is allowed, they should also look at tobacco. 

“It would be pretty nonsensical to make a regulation that prohibits cannabis vaping but allows nicotine vaping,” Smith said. 

He added scientific research shows cannabis smoke is safer than tobacco smoke. 

A spokesperson from the New York State Office of Cannabis Management stated in an email to Erie News Now they do not comment on pending legislation. 

When lawmakers return to Albany in January, the legislation will have to pass both houses and then be signed by the Governor before it could become law.