Loading...
HomeMy WebLinkAboutI - 03a Directive Serving Local Laws - Cannabis7/28/2022 Good afternoon, The following is a summary of the “Directive Concerning Local Laws”that Supervisor Williams asked me to put together and share with you. I will try to break down the relevant points. 1.Purpose of NY State’s Cannabis Law– It was determined by the Legislature that existing marihuana laws had not been beneficial to the welfare of the general public. Existing laws had been ineffective in reducing or curbing marihuana* use. Existing laws had also created an illicit market which represents a threat to public health and reduces the ability of the legislature to deter the accessing of marihuana by minors. The intent of this act is to regulate, control, and tax marihuana, heretofore known as cannabis. Nothing in this act was intended to limit the authority of any district, government agency or office or employers to enact and enforce policies pertaining to cannabis in the workplace; to allow driving under the influence of cannabis; to allow individuals to engage in conduct that endangers others; to allow smoking cannabis in any location where smoking tobacco is prohibited; etc…. 2.As some municipalities begin to contemplate what local laws or ordinances they may want to enact, there have been many questions about what constitutes “time, place, and manner.” The Cannabis Law extends authority to municipalities to regulate aspects of “time, place, and manner” of operation of retail dispensaries, provided such local laws or ordinances do not make the operation of a licensed retail dispensary or on-site consumption site unreasonably impracticable, as determined by the Cannabis Control Board As we have currently opted out of allowing dispensaries in the Town, most of what was asked in a survey by the NYS Cannabis Control Board (Board) and the Office of Cannabis Management (Office) is not currently relevant, but there are some considerations to discuss if we or some future board members decide to allow dispensaries within our town borders Possible topics for future Discussion A.The Cannabis Control Board has identified the following topics that are subject to reasonable, local regulation: •Hours of operation •Historical districts •Parking •Traffic density control •Nuisance (i.e., odor and noise) •Local general ordinances that are not cannabis industry specific. The Cannabis Control Board will regulate such things as license regulations, selection of applicants, and site selection criteria such as proximity to schools and houses of worship. B.Zoning–Will any future dispensaries be classified as commercial or industrial? Jeff Guido Cortlandville Town Board member *Nota bene ”Marihuana” is how NYS has spelled “Marijuana”