Southold Sets Marijuana Sales Hearing, Greenport Opts Out For Now

NORTH FORK, NY — Southold officials will host a public hearing regarding the potential opting out of allowing adult use cannabis retail dispensaries and on-site consumption sites in town.

The public hearing will be held at Town Hall on December 14 at 4:31 p.m.

New York's cannabis law requires towns to opt out prior to December 31 or "forever lose the right to do so," the proposed local law said.

When Gov. Andrew Cuomo signed the Marijuana Regulation and Taxation Act earlier this year, a provision gave local governments the authority to opt-out of the sale of recreational marijuana within their boundaries. In doing so, they also forfeit the tax revenue that would come from the sale of marijuana.

Southold Town Supervisor Scott Russell said a special meeting of the town board will also be held on December 28, to continue the hearing and give the public ample opportunity to comment on whether or not Southold should opt out of allowing the sales and consumption sites in Southold.

"This law is a bit unique," Russell said. "It requires that we opt out by the deadline of December 31 or forever hold your peace. If the deadline passes and we don’t opt out, we lose any ability in the future. However, if we do opt out, we can opt in in the future."

Russell added that he does not think it is the intention of the board "to take a hardline stance against sales. However, it is a new use and, like any new use that gets added to the code, we have to determine if we want it, where we want it and under what circumstances."

New York State, he said, just filled its new cannabis control board in September.

"They have yet to develop rules, regulations or policies governing sales," Russell said. "I have been trying to craft possible zoning for two months but, I am doing so in the dark since I have no guidance from New York State."

Russell said opting out may be necessary to give the town time to consider sales and consumption sites in Southold and how to possibly accommodate both.

"Or, maybe it's not," he said. "Let’s have the public hearings and get input before we decide."

He added: "Opting out doesn’t have to be permanent but, not opting out by December 31 and allowing sales and consumption sites is."

In Greenport, the village board voted 3 to 2 Monday to opt out.

Greenport Village Mayor George Hubbard also said he voted "no," because there is only one chance to opt out, but the village could decide at a later date to opt back in. Hubbard said the cannabis control board had only met once and he was waiting for some state guidance.

"This gives us time to figure it all out," he said.

The villages of Westhampton Beach, Southampton and Quogue have opted out, as have East Hampton Village and East Hampton Town. Riverhead did not opt out of the measure.

In March, Cuomo signed the Marijuana Regulation and Taxation Act — a bill passed by state lawmakers that allows people 21 and over to use weed legally. The measure is slated to bring in $350 million in tax collection to the state's coffers annually and potentially create 30,000 to 60,000 jobs, Cuomo said.

"This is a historic day in New York — one that rights the wrongs of the past by putting an end to harsh prison sentences, embraces an industry that will grow the Empire State's economy, and prioritizes marginalized communities so those that have suffered the most will be the first to reap the benefits," Cuomo said.

Not all lawmakers voted yes. New York State Senator Anthony Palumbo, a Republican representing the 1st District, voted no, citing his concerns on the potential impact on roadway safety, the effects on young children, the demand on addiction services and quality of life.

Palumbo said his main opposition to the legislation related to law enforcement's ability to keep streets and highways safe under the new legislation. He said there were only 343 drug recognition experts throughout the entirety of New York State; the specially trained officers are the only way to determine if a driver is impaired due to cannabis.

Assemb. Jodi Giglio, a Republican representing the 2nd District on Long Island, expressed some concerns.

"The devil is in the details," she said. Giglio said the drug recognition experts would need to be trained to identify use of marijuana while driving. "That will increase taxes yet again," Giglio said.

Giglio said currently, there are 11 DREs for 2,500 square miles in Suffolk County to detect if people are driving under the influence of drugs.

Giglio said she was also concerned about the proximity of retail dispensaries near churches and schools, and was worried about "potential damage" to the younger generation; and seeing bucolic farm vistas converted to growing and distribution facilities where greenhouses would be built, with security fences, guards and bright lighting needing to be installed.

The New York State Cannabis/Marijuana Regulation & Taxation Act established an Office of Cannabis Management, to enforce a regulatory framework for medical, adult-use cannabinoid hemp. The agreement would allow people with a larger list of medical conditions to access medical marijuana, increase the number of caregivers allowed per patient, and permit home cultivation of medical cannabis for patients, a release said.

In addition, the legislation opened the door for recreational marijuana, creating a two-tier licensing structure, separating growers and processors from also owning retail stores, the release said.

The legislation creates licenses for producers and distributors, among others, and the legislation seeks to implement quality control, public health, and consumer protections.

A social and economic equity program would facilitate individuals disproportionally impacted by cannabis enforcement, including creating a goal of 50 percent of licenses to go to a minority or woman-owned business enterprise, distressed farmers, or service-disabled veterans to encourage participation in the industry, Cuomo said.

Local cities, towns and villages are able to opt out of allowing the recreational use cannabis retail dispensaries or on-site consumption licenses by passing a local law by Dec. 31 or nine months after the effective date of the legislation. They cannot opt out of adult-use legalization.