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”