New York Cannabis: Why It’s a Big Deal that the City of Riverhead voted against opting out

As we continue to wait for Governor Andrew Cuomo to appoint a chairman to the Cannabis Control Board (CCB) and effectively start the rulemaking process, there was surprising and welcome news. On July 7, 2021, the City of Riverhead voted not to deny approval of retail pharmacies and on-site consumption points in Riverhead.

As a quick refresher, the Marijuana Regulation and Taxation Act (MRTA) includes a provision that allows any town or village to pass local laws to ban the retail pharmacies or on-site consumption points in their jurisdiction if the law is passed until December 31, 2021.

Photo by Thomas Habr via Unsplash

Riverhead’s decision to use cannabis retail and on-site is a key indicator of Long Island’s openness to recreational cannabis. Riverhead is the effective “capital” of Suffolk County on Long Island, a conservative stronghold. Suffolk County’s courts and administrative authorities are all located in Riverhead.

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That was close. The vote not to get out was 3-2. The three board members, who voted against a public rejection, stated that by allowing recreational and on-site consumption facilities in Riverhead, the city would be better able to regulate where, when and how businesses operate. Councilor Tim Hubbard also highlighted the impact of the black market, saying, “If we don’t allow it, the black market in the city of Riverhead will flourish. And we don’t want people to buy it, because you have problems. “

But more tellingly, even the two board members who voted for the opt-out did so for purely practical reasons. Councilor Ken Rothwell, one of the opt-out votes, emphasized a desire to see how the MRTA works in other cities on Long Island. Mayor Yvette Aguiar stressed the lack of any rules and regulations for the industry, noting that there were “many questions and many unknowns” at the MRTA.

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Aside from the CCB issuing industry rules and regulations and details of the application process, the major uncertainty was whether the local New York jurisdictions would accommodate the cannabis industry. Riverhead’s vote against the opt-out is a very positive development. And while Riverhead alone won’t advance Long Island’s cannabis industry, it is (hopefully) an indicator that Nassau Counties and Suffolk Counties will facilitate the emergence of cannabis as the engine of the economy on Long Island.

Simon Malinowski is a lawyer with Harris Bricken. This story was originally published on the Canna Law Blog and reposted with permission.

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