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DELMAR – Today, someone in New York can light a joint as openly as pulling out a Marlboro; the challenge is to find a licensed dispensary to purchase this marijuana.
Albany has opened the doors to recreational marijuana use and a new commercial market to support it. But, state lawmakers have also allowed each municipality to decide for itself whether it wants to allow on-site dispensaries or consumer lounges in their cities, or ban them altogether.
Bethlehem just started this discussion on Wednesday, September 22, and she has until the end of the year to make a decision – and if she decides to participate, there is no withdrawal.
Lois Rockefeller
When then-Governor Andrew Cuomo signed the Marijuana Regulation & Taxation Act in March, it represented a dynamic change in Albany, where he already passed the most stringent laws against the sale and possession of marijuana by through the Rockefeller laws almost half a century ago.
Named after then-governor Nelson Rockefeller, the Rockefeller drug laws set heavy penalties for selling or possessing drugs, ranging up to 25 years in life after they were passed in 1973. .
Someone carrying four ounces of heroin, morphine or cocaine was liable to a major felony. Marijuana, which was defined as a narcotic until recently, was part of this litany of drugs. The laws also established a minimum sentence of 15 years in life imprisonment, removing judicial discretion from the courts. Opponents criticized the laws for being so severe that they could not be enforced; or worse, targeted blacks more than whites.
The legalization of cannabis for adult use is a huge change in public policy, so the regulatory framework should take some time before it is fully developed. The Cannabis Management Office will need to draft and publish regulations to implement the law so that adult sales can begin. However, although there are currently no stores open to purchase cannabis for adult use, possession and consumption of cannabis by adults 21 years of age and older, in accordance with the MRTA, is now legal.
Consider this
As municipalities reflect on their position, smoke-free advocates have leaned in trying to convince them to review tobacco and vaping regulations in their jurisdiction. In light of the MRTA, Theresa Zubretsky told city council he must remain aware of the dangers caused by vaping products.
The MRTA included an extension of the state’s Clean Indoor Air Act to ban smoking or vape cannabis in places where smoking and vape tobacco are prohibited. These locations include all play areas between sunrise and sunset when one or more children under 12 are present. However, the law does not prohibit smoking tobacco or cannabis in other recreational areas, such as parks and beaches or municipal properties.
Zubretsky, who is social coordinator for the Capital District Tobacco-Free Coalition, said legalized marijuana use is moving away from tobacco-free efforts.
“The result of anything that restricts the use of all vapable products and all smokable products is clearly the path that best supports the kinds of public health advancements we have made with the sans. tobacco. policies, ”Zubretsky said.
Like a cigar store
Planning director Robert Leslie said he anticipates new dispensaries or salons will want to look for storefronts in the city’s established shopping areas – Delaware Avenue, Route 9W or New Scotland Road. Potential locations are already limited by their relative distance from schools and churches. For example, lounges would be at least 500 feet from school grounds and 200 feet from a place of worship. The MRTA allows cities to extend these thresholds even further.
“We can implement regulations for location, hours of operation and even aesthetics,” Leslie said. “It should be noted, however, that the regulations should not make the operation of the dispensary unreasonably practical.”
City council members asked for clarification on the state’s definition of an on-site consumption facility, which Leslie compared it to a cigar shop where a person could buy and smoke a cigar.
“However, there is a change in behavior,” said Joyce Becker, board member. “Tobacco is a drug. There is a drug involved. But I have trouble with consumption on the spot. Are people weakened when they come out? I guess that’s a concern for the police.
Leslie then used the neighborhood bar analogy to describe its use. Where a customer could buy alcohol, sit down and consume the product. He then compared a dispensary to a beverage center where consumers can purchase the product to use at home.
Municipalities weighing the benefits of allowing dispensaries and salons will heed the taxable income it promises. A 9 percent statewide tax would be charged on all sales. Another 4 percent would be collected locally, with 3 percent going to the city in which the business resides while the other 1 percent would go to the respective county.
Unlike the tobacco licensing process introduced by Bethlehem last year, the state will not allow locally issued licenses. A new cannabis management office will issue licenses and develop regulations.
Colonie and Ballston Spa have each chosen to allow dispensaries, but have chosen to dispense with on-site consumer lounges. What Bethlehem decides to follow in the same way will happen after city council listens to the public before passing a local law due in December.
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