New York state officials are at odds over new cannabis regulations

City and county officials in upstate New York are at odds over the community’s implementation of rules governing the sale and cultivation of marijuana.

The dispute, taking place between the Niagara Falls City Council and members of the Niagara County Planning Board, centers on how the community will enforce the sale of recreational marijuana, which was legalized by New York State in 2021.

The Niagara Gazette reports, “The Niagara County Planning Board voted unanimously to reject a zoning amendment approved by the Niagara Falls City Council a month ago that would allow the cultivation, production and sale of recreational cannabis within the city. Despite this decision, members knew their actions would have little impact on the city’s implementation. Objections from district board members ranged from not providing accurate location information to the city seeing little financial benefit from these companies operating in the falls.”

According to the ordinance, approved by the Niagara Falls City Council last month, “sales-only cannabis dispensaries may operate between 8 a.m. and 2 a.m., while those permitting on-site consumption may operate from 8 a.m. to 2 a.m 4 a.m. and must not operate more than 70 hours per week,” and retail outlets must not be within 500 feet of a community facility, while consumption outlets must not be within 200 feet of a house of worship, 500 feet of a school or any “community facility” and 1,000 feet of similar operations,” according to the Niagara Gazette.

The New York City Bureau of Cannabis Management issued 36 recreational marijuana dispensary licenses to various businesses and nonprofits in the state in November, but so far only two retailers — both located in Manhattan — have opened to customers.

The Office of Cannabis Management says that towns and villages could have opted out of allowing adult-use cannabis retail outlets or on-site use licenses in their jurisdictions, but those communities had “to pass local law by December 31, 2021.” or nine months after the Act comes into force.”

The agency explains: “If a community does not opt ​​out by December 31, 2021, the community will not be able to opt out at a later date. However, a municipality may again elect to allow either or both types of adult retail pharmacies or on-premises licenses by repealing the local law that established the ban. All local laws passed by municipalities that choose not to allow adult retail spending or on-site consumption licenses are subject to a permissive referendum as described in Section 24 of the Municipal House Rules Act. This will create a process that will allow local voters to request the result of a local law which, if successful, raises the question of whether or not to approve the local law for voting in the next general state election or non-local government officials for the community.”

According to the Office of Cannabis Management, no community “can oppose the legalization of adult use.”

According to the Niagara Gazette, Kevin Forma, Niagara Falls’ city planning director, said “that the direction all municipalities receive from the state is similar to liquor ordinances and the requirements for running a bar” and that the “state is also restrictive about what the city can do.” , to permit and prohibit uses.”

“The state is telling us we can’t limit that,” Forma said during Monday’s planners meeting, as quoted by the Gazette. “We are developing this to the best of our ability and administering this in conjunction with state rules and regulations.”