SUNSET BAY, N.Y. — When it comes to public consumption of alcohol, New York state has an open container law.

State Sen. George Borrello, R-Sunset Bay, is calling for something similar with regards to cannabis.

"You can't walk down the street chugging a bottle of vodka, but you can walk down the street whether it's smoking or edibles or vaping and consume marijuana," Borrello said.

The Southern Tier Republican's proposal would apply to all forms of consumption. He said he understands, especially with edibles, that enforcement may be difficult, but he expects police would handle it the same way they do with alcohol.

"If you're walking down the street and you've got a mixed drink in a plastic cup and you're not causing a problem, probably you're not going to be harassed," Borrello said.

Selective police enforcement of cannabis laws has historically been a major concern for social justice advocates. Borrello said he expects fair enforcement but believes hypothetical impropriety is not a reason to neglect the issue.

"People are going to want to politicize it, say we're targeting certain groups of people but this is about public safety, public health and quality of life and that's all this is about," he said.

The only current restriction on the state books bans smoking and vaping cannabis in spaces where smoking and vaping tobacco and nicotine products is also not allowed. Borrello said the $25 fine is largely toothless and rarely enforced.

His bill proposes upping the fine to $125.

"I think this $125, I think will be an effective deterrent and it shows law enforcement that the New York state government is serious about enforcing this," he said.

Borrello's bill would allow local municipalities to choose if they want to allow public consumption. He believes there could be bipartisan support, pointing out even Democratic New York City Mayor Eric Adams has voiced his concerns.

"Since I've introduced this bill, it's got a lot of attention statewide,” Borrello said. “I'm hopeful that some of my Democrat colleagues will look at this because I guarantee even my progressive Democrat friends down in New York City are getting the same complaints we're getting.”

The state senator pointed out in places like Western New York, state-licensed dispensaries have just started to open and yet the complaints already exists. He believes it’s an issue that could get worse if not addressed as more legal shops come online.