New York cities and towns are considering opting out of legal cannabis dispensaries

Cities and towns across New York are considering allowing retail cannabis pharmacies and consumption lounges, legalized under state law, to operate within their jurisdictions, with some officials urging them to act when a deadline approaches.

In March, New York State legislature and Democratic Governor Andrew Cuomo passed a law legalizing adult marijuana and creating a regulated and taxed economy for the commercial production and sale of cannabis. According to this legislation, local governments have the right to refuse to set up licensed cannabis dispensaries and consumption lounges within their borders. Cities that decide not to allow such deals must hold a referendum on the ban if at least 20 percent of registered voters sign petitions calling for such a vote.

During a recent webinar, Sarah Brancatell, the legislative director for the New York State Association of Towns warned community leaders who do not want cannabis lounges and retailers in their communities that they only have until the end of the year to approve a local ordinance. Cities and municipalities that do not cancel before this time will no longer be able to do so in the future.

“Local law must be passed on or before December 31, 2021. It comes very quickly, ”said Brancarella. “It’s like a one-shot shot. If you accept it on January 1st, it will have no effect. “

Local officials in New York take action

Local leaders across the state have started paying attention to this, and there are already movements in place to enact cannabis business bans. In North Salem, a suburb of New York City in Westchester County, the city council has scheduled a hearing on Zoom on a proposed opt-out regulation for June 22nd. At a board meeting on May 25, Supervisor Warren Lucas said the decision can be reversed at a later date if the city goes out of business.

“At some point, when we see how everything works, there is always an opportunity to get back on track. But once we sign up, we can never sign out again, ”said Supervisor Warren Lucas.

Councilor Martin Aronchick agreed, saying “now is not the time” to make a decision.

“It’s a lot smarter – if it ever happens – just to see how it works,” he said.

Lucas added that “we are a farming community,” noting that he has received input from voters interested in growing cannabis and others who have concerns about having farms in the community even though local leaders do not State-licensed breeders have the power to ban cannabis.

“I called people who said the kids don’t really need a marijuana farm in town,” Lucas said. “They were there on the weekends to pick buds. I think we’re just approaching this carefully. “

Predicting a mixed reaction from New York residents, Lucas said, “We’re going to have a few people show up and say it’s a wonderful thing and a lot of people show up to tell us we’re crazy, to even consider this. (that) we shouldn’t have it in the city of North Salem. I know things like that, it applies to both sides. “

Kent City Council is also considering cannabis dispensaries and consumption lounges, with Supervisor Maureen Fleming calling for a referendum on the issue. However, Councilor Chris Ruthven called for an immediate vote to ban cannabis retailers and consumption lounges.

“I am ready to vote in favor of banning pharmacies,” Ruthven said at a meeting on June 1st. “I find it hard to understand that our state made this legal. I don’t think it was a good government idea and I won’t do anything to support it in any way. “

Whether or not local New York officials approve licensed cannabis dispensaries and lounges to operate in their jurisdictions, it is clear from the failed war on drugs that cannabis sales will occur. It is up to the city guides to decide whether at least some of this trade takes place at retailers who are regulated and taxed by the state.