We like the idea behind a proposal by Assemblyman Michael Novakhov, R-Brooklyn, and Sen. George Borrello, R-Sunset Bay, that would allow local governments to levy an additional fine for those who smoke cannabis in areas already off-limits for tobacco users.

Fresh air isn’t as fresh as it used to be, and that’s something many don’t want to get used to.

But there is a fatal flaw in the legislation that has nothing to do with the fact that both Novakhov and Borrello are in the minority party of their respective chamber.

The real problem is there is absolutely no way to enforce the law if it were to pass. Local ordinances prohibiting fireworks are notoriously difficult to enforce because police have to catch someone in the act, and there aren’t enough police officers to blanket a city like Jamestown in order to give teeth to the law. Borrello and Novakhov find themselves in a similar position. New York state already prohibits smoking cigarettes too close to the entrance of stores and businesses. When was the last time someone was ticketed for doing so? It’s an absolutely unenforceable provision of state law because there aren’t enough police officers who have nothing better to do than stand by the doorway of a store with a tape measure to make sure people follow the letter of the law. The provision might as well not exist.

There is a second fatal flaw in the proposal as well.

It should be common sense that marijuana shouldn’t be smoked in areas where tobacco is illegal, but that’s not the way state law is written. Borrello is absolutely right when he says the odor of marijuana in the air in public spaces has increased since the Marijuana Regulation and Taxation Act was introduced in 2021. There will continue to be debate over whether or not people should smoke marijuana in public spaces, but unless the state wants to get back into the business of low-level marijuana offenses for such behavior, bills like Borrello’s and Novakhov’s will never gain traction in the state Legislature.

The smell from marijuana is delightful to some and offensive to others. Those who take offense should learn to plug their nose — because the smell isn’t going anywhere anytime soon.