TOWN OF ULSTER, N.Y. – Town Board members have set an Oct. 21 public hearing on opting out of state laws that would allow retail marijuana sales or the opening of cannabis lounges.
The session is scheduled for 7:10 p.m. in Town Hall on Town Hall Drive.
Supervisor James Quigley said that a decision must be filed with the state by Dec. 31 to opt out or the town will be required to conform with laws that will allow state-licenced sales. He added that if the town declines to allow retail sales that the decision can be changed.
“‘Yes’ (to allowing retail sales) is irrevocable,” he said. “‘No’ can be changed at a future point in time.”
If a Town Board chooses to opt out of the law a permissive referendum can be sought by residents through a petition.
Material provided by the New York State Association of Towns noted that while the town law opting out of allowing sales and lounges must be adopted by Dec. 31, the referendum can be conducted at a later date.
During a presentation last month, Town Attorney Jason Kovacs said that commercial operations would require state licenses before opening in a municipality.
“The state Cannabis Control Board will be issuing a variety of licenses for cultivator licenses, processor licences, and distributor licenses,” he said. “The two that concern the town are the retail dispensary license and the on-site consumption license. These are the only two licenses that the town has any control over.”
Towns that do not choose to opt out can still establish zoning regulations that would determine where retail sales and consumption can occur.
“If the town does not opt out of these two different licenses, the town still has some input over where these entities may go in the town,” Kovacs said.
New York State Association of Towns guidance also says that local regulations for where smoking cannabis can be imposed.
“Local governments may impose stricter rules than what is required under Public Health Law,” the guidance says.
Among fiscal concerns, Kovacs said that if the town opts out that it would not be entitled to share in a portion of the 13 percent sales tax that will be placed on recreational cannabis sales.
“Of that 13 percent, 4 percent will be divided up between the county and the town,” he said.
The town of Ulster has suffered the loss of several major retailers in its commercial district in recent years, including J.C. Penney, Macy’s, Sears and Best Buy, all at the struggling Hudson Valley Mall, as well as Office Depot, Pier 1 Imports, Sports Authority and Modell’s Sporting Goods.
For more coverage about marijuana in the Mid-Hudson Valley, visit dailyfreeman.com/tag/marijuana/
