By Dan Murphy
The legalization of marijuana in New York State has allowed local governments to determine whether they wish to permit the establishment of marijuana dispensaries or cafes. The law allows local Town, Village of City Councils to ban such marijuana stores and bars by Opting Out, but they must do so by Dec. 31.
This law also means that if your local government does not act by Dec. 31, then they are Opting-In to legal pot being sold and consumed in their downtown. This has resulted in more than a dozen Westchester communities, both opting-in and opting out.
The Peekskill Common Council recently discussed their views on allowing Marijuana dispensaries and cafes to open in their city next year. In March of 2021, New York State passed the Marijuana Regulation and Taxation Act, which will permit the sale and consumption of pot in communities across the state.
In Peekskill, four members of the common council expressed support of opting in and having dispensaries and cafes-lounges. Councilwoman Kathie Talbot, Mayor Andre Rainey, Councilman Dwight Douglas and Councilwoman Vanessa Agudelo, all expressed their support for Opting-In.
Talbot said that dispensaries and cafes “won’t be harmful to the city.” Douglas said, “It would be a grave mistake to opt-out,” and that opting-in “is 100% to our benefit.”
Agudelo said, “I would hate for us to paint a negative picture of marijuana. These will be legitimate businesses, and we would be leaving money on the table if we Opt-Out. We can make good use of the money (revenues).”
Three common council members wanted to Opt-Out or needed more information. Councilwoman Patricia Riley said “I do have a problem with dispensaries in Peekskill. This would send a mixed message.”
Deputy Mayor Vivian McKenzie, who will likely be the next Mayor in 2022, said “I don’t want that for Peekskill. Not all money is good money.”
Councilman Ramon Fernandez said he is seeking more input from the community before deciding. But with four votes needed to opt-out, Peekskill will be opting in.
On WVOX Radio’s Dennis & Tonny in the Morning Radio Show, (1460 AM, WVOX.com) the hosts have been speaking with local Mayor’s and Supervisor’s about Opting-out or doing nothing. According to their interviews:
The Village of Pelham Manor will be Opting Out.
The City of New Rochelle will be Opting-In
Town of Mamaroneck—still Deciding
Town of Ossining-still deciding.
A recent report from the Scarsdale Forum recommends Opting Out.
Harrison has still not moved forward with an Opt-Out, leaving many residents formally requesting an answer from Mayor Ron Belmont and the Harrison Town Board. The other dynamic to this issue in Harrison, is that Belmont is retiring, while the two candidates to replace him are both members of the town board: republican Rich Dionisis and democrat Frank Gordon. And no comment from anyone.
We have already reported on the Westchester communities that have opted out. They are Yorktown, Eastchester, Larchmont, Ardsley, Somers, North Castle, Mt. Kisco, North Salem, Lewisboro and Bronxville.
Governor Kathy Hochul has appointed members of the state’s Cannabis Control Board. Their first meeting was held on October 5. Eventually, this commission will set the rules for selling and growing marijuana in New York State.
Since the State Legislature and former Gov. Andrew Cuomo approved the legalization of marijuana, it is legal for anyone 21 years of age and older to possess up to t3 ounces of pot.
But, because there are no rules on how to grow it and sell it legally in NY, there is no legal way for any New Yorker to buy it. Most New Yorkers who want to smoke purchase it travel to Massachusetts or continue to buy it through the illegal market.
The five-member Cannabis Control Board consists of
Chairman Tremaine S. Wright, Jessica Garcia, Reuben McDaniel III, Adam W. Perry, Jen Metzger, Chris Alexander. Alexander is the director of the Office of Cannabis Management.
For those communities that are opting in, eventually the Cannabis Control Board will license “consumption lounges,” or cafes, where people can legally smoke marijuana. Food will also be allowed for sale, but no Alcohol.
Where can you smoke pot legally in New York State? You can’t smoke anywhere where smoking a cigarette is banned. So that includes places that fall under the NY Clean Indoor Air Act, like workplaces, bars, restaurants, subways, buses, taxis, limos, and workplaces that service children, prisons, and all schools and hospitals. Many local governments have also banned smoking in their public parks.
And to make things even more confusing, marijuana is still an illegal drug under Federal law. Its sale is legal in neighboring Massachusetts.
