[ad_1]
LAKE PLACID – About 50 people attended a briefing on state cannabis law on Wednesday, but only one community member shared an opinion.
The state’s marijuana regulation and taxation law legalized recreational cannabis use in March, and municipalities have the option of refusing to allow recreational dispensaries and / or consumption sites on place in their jurisdiction until December 31. Wednesday’s briefing on the law was an opportunity for the community to learn more about the law and for village and town officials to hear the views of residents before making a decision.
Lake Placid Central School District Superintendent Timothy Seymour gave his opinion following a presentation on the new state law by Association of Cities lawyer Sarah Brancatella.
“There are a lot of views on this, and each of those views, you know, is informed by the experiences that each person has within them.” Seymour said.
Seymour spoke of the experience of a school administrator; he said he saw a slight increase in the number of college students using vapers and “Discrete Nicotine and THC Delivery Devices”. He said he believes providing better access to discrete THC devices and concentrated THC “Represents a threat to our school’s mission to educate our students. “
Seymour said he believes dispensaries are standardizing the use of recreational drugs and dispensary items like THC candy, gummy candies and sodas which are “Designed to appeal to young adults and children” and “Acts as an attractive nuisance to young people”. He said the ability to walk into the community of Lake Placid, where schools and parks are close to Main Street stores, makes the requirement for dispensaries to stay at least 500 feet from schools appear inadequate. . He asked that stores stay away from within walking distance of schools if the community opts for dispensaries.
Under the MRTA, it is illegal for dispensaries to sell cannabis products to people under the age of 21, and sellers can refuse a sale to anyone they think is underage or buy for an underage person.
Seymour also spoke about on-site consumption licenses and the challenge they could pose to local law enforcement, as on-site consumption would force people to travel to and from the site. Under the MRTA, the same laws that prohibit drivers from driving vehicles under the influence of alcohol also prohibit drivers from driving under the influence of marijuana. Seymour questioned the ability of law enforcement, within the current strength and capabilities, to assess “This new threat to our roads and sidewalks in a way that will significantly deter this behavior.”
Seymour encouraged local authorities to divide 50% of revenue from cannabis sales among law enforcement, schools, and community prevention efforts, should the city and / or village opt for the sale of marijuana.
However, he encouraged the city and village to withdraw from the sale of cannabis and consumption on the spot before the end of the year, in favor of a more in-depth analysis of the issue as a community, as the municipalities can always come back for sale but cannot withdraw. beyond December 31.
Although no one else has expressed their opinion on cannabis sales and consumption on site, the town and village will continue to accept community comments on the cannabis law for 10 days via email. Comments can be sent to Director of Community Development Haley Breen at [email protected].
–
MRTA
–
Brancatella has worked for nearly a decade with the Association of Towns, which provides training and resources to New York City municipalities. She is one of the lawyers for the association which educates city officials across the state on MRTA legislation.
The MRTA legalizes the recreational use of cannabis. It also creates a new area of law called the Cannabis Act, which regulates the use of cannabis in three categories: recreational, medical, and hemp, or CBD. The only regulations under the control of local government are recreational use, or “Adult use”, according to Brancatella.
Brancatella said that adult cannabis use is “Regulated nut soup” in cannabis law, with several types of licenses available for uses such as cultivation and distribution. But she said when it comes to licenses for recreational marijuana, municipalities will only have authority over retail dispensary licenses – a “Jar store” – and consumption on site – a “Pot bar.”
Brancatella compared retail dispensaries to liquor stores that sell products and consumption sites to bars that sell alcoholic beverages.
These are the two licenses that the city and town can choose to distribute or not. And withdrawing from one does not necessarily mean withdrawing from both; the village or town may choose to opt for recreational clinics but opt out of consumption on the spot.
While the meeting was a joint village and town effort, the councils did not have to make a joint decision. The village can opt for one or both licenses even if the city decides to withdraw.
–
Register now
–
If municipalities do not opt out of recreational cannabis sales and / or on-site consumption sites by December 31, they will automatically be accepted. After December 31, a municipality will no longer be able to withdraw.
Brancatella described the jurisdiction the municipality would have over the stores, if they appeared in the community. Corn “Just because you allow these things to happen in your community doesn’t mean they will” said Brancatella.
If a recreational dispensary or on-site consumption site wants to come to town, the store owner will need to submit a notice to the municipality that they are applying for a license for the store. The city or town clerk would receive this notice between 30 and 270 days before the applicant submits their application to the Cannabis Control Board, the state entity that grants, revokes and limits these licenses, if applicable. .
The municipality would have the option of submitting a notice of the applicant, which would appear on their official application package, and the CCB would be required to explain to the municipality how this notice was taken into account in rejecting or approving the application. demand.
If on-site dispensaries and consumption sites come into the community, municipalities can pass local laws that place reasonable restrictions on stores. Any potential local law would be submitted to the CCB, which would determine whether the laws are appropriate and reasonable. Local zoning laws would apply, and the same laws that prohibit establishments that sell alcohol from operating within 500 feet of a school and within 250 feet of a place of worship would apply to establishments that sell cannabis for recreational purposes and offer consumption on site.
Cannabis smoking is prohibited where tobacco smoking is prohibited, but a municipality could present more restrictions to the CCB for approval. For example, a municipality could request that individuals not be able to smoke marijuana on public property in the village or town, such as on sidewalks, according to Brancatella.
There will be a 13% tax on sales of marijuana products, with the state giving a 3% reduction to municipalities and a 1% reduction to counties that opt.
–
Withdraw
–
The last option for municipalities to opt out of on-site recreational and / or consumption clinics is December 31. If a municipality does not opt out by then, it will automatically be chosen for adult cannabis sales and will have no further option to opt out. A municipality can reactivate adult cannabis sales even if it withdraws this year.
If a municipality decides to withdraw, the decision could go to a referendum. Residents could submit a petition to force a public vote on the matter, provided the petition is submitted before the opt-out law comes into effect. The municipality can also choose to hold an uninvited public vote from a petition, but if a petition is not filed and the municipality does not hold a public vote, the opt-out law will automatically come into effect. according to Brancatella.
[ad_2]
Source link