ALBANY – As New York prepares to license commercial marijuana stores, about one in ten cities and towns has signaled that they will ban both stores and local cannabis use, CNHI has learned.
The data was provided by the Association of Towns of New York State and is based on filings with the State Department of State, which is a database of all laws made by local governments.
So far, 84 cities – or 9% of New York City – have passed laws banning both retail and local marijuana use, said Chris Anderson, director of research for the Association of Towns.
Meanwhile, 46 villages – or 9% of the state’s villages – have passed laws banning both retail sales and local consumption.
Five cities and four villages have only opted not to eat it locally, noted Anderson.
With the opt-out, the municipalities effectively forbid the companies.
“At this point there doesn’t seem to be a huge wave of opt-outs across the state,” Anderson said in an interview.
With the year ending in just over a month, he said many cities will only meet twice before 2022.
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“We expect more activity, but it is certainly quite late in the game.” he said. “We now have good evidence that there will be a low opt-out nationwide.”
But when it comes to marijuana – a substance that is now legal to possess nationally for adults 21 and older – there are limits to the activities that communities can control. And the county governments have no say in whether the sale of marijuana should be banned in their jurisdictions.
“You cannot refuse to grow, process and transport it,” said Karl Sleight, a veteran Albany attorney who advises potential applicants for marijuana licenses.
Interest in obtaining licenses from the newly formed state cannabis control board is growing rapidly, although the state has yet to enact regulations, Sleight said.
“I’ve held over 100 videoconferences since the law was passed,” Sleight said. “There’s more traction and traffic on this topic than any other I’ve seen. It doesn’t often happen that a market like this goes online. It’s almost like it was when Prohibition ended. It is the same dynamic with a lot of catching up to do. ” . “
Patrick McCarthy, a lobbyist who represents PharmaCann, a cannabis company with offices in six states and industrial hemp producers, predicted that some of the communities that have voted to ban marijuana will reverse course within the next two years if they do See the available revenue potential to their communities.
“The Office of Cannabis Management has gotten off to a very quick start, and that should give local officials and law enforcement agencies additional confidence that this is done wisely,” McCarthy said. “You only have one chance to build a brand new industry.”
With retail store rules pending, state officials said it remains to be determined whether there will be price controls on which dispensaries can bill consumers for adult marijuana.
The new law prohibits the sale of marijuana to anyone under the age of 21 or visibly drunk.
Jeremy Boyer can be reached at (315) 282-2231 or [email protected]. Follow him on Twitter @CitizenBoyer
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