New York State In-depth

Amityville is holding special elections for marijuana opt-out on Tuesday

Amityville will hold a special election on Tuesday solely about whether recreational marijuana retail and consumption locations should be allowed in the village.

The special election comes after the village tries to hold a referendum on the issue on the parliamentary election ballot but failed to meet the state’s 90-day deadline before the election or August 2nd.

“We looked for a couple of different loopholes to see if there was a way out because I and the village government wanted to give voters the largest and most comprehensive way to get involved in this issue,” said Nick LaLota, electoral commissioner from Suffolk County, a former trustee from Amityville. “But since the motion did not meet this schedule, the board was legally prevented from putting it on the ballot.”

Communities have until December 31st to pass a law bouncing out of the state’s marijuana law, which legalizes the possession, sale and cultivation of recreational marijuana for anyone age 21 and older. A 13% tax is levied on an estimated $ 350 million in annual retail sales, of which local communities receive 3%.

Under state law, a community cannot prohibit residents from using or growing marijuana, but they can opt out of retail sales and consumption sites. Opt-out laws can be overturned by referendum, and a municipality that opts out can re-enroll at a later date.

In September, the Amityville Board of Trustees voted 5-0 for the exit. The vote came after a public hearing in August at which two people spoke: one for and one against allowing the sites.

Mayor Dennis Siry said village officials want voters to have the final say on the matter. Amityville is the only Long Island community to put the marijuana issue to the vote in November.

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“Hopefully we’ll get a good turnout so we can get a real feel for the whole village,” said Siry.

Although the special elections take place on the same day as the parliamentary elections, the voting does not take place at the polling stations in the village. Instead, the special elections, in which paper ballots and a ballot box are used, are only held in the community hall from 8 a.m. to 6 p.m. instead of two separate elections. She said the special election would cost the village $ 500.

Denise Bonilla has been with Newsday since 2003 serving the city of Babylon, including the villages of Lindenhurst and Amityville.

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