First local law amendment regarding cannabis use on the table for Northport Village
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Starting next week, the Northport Village Board of Trustees will begin amending village code in order to include cannabis use in pre-existing laws. Prior to March 31, cannabis (or marijuana) was simply illegal. Use of the plant was prohibited in public and private places, and being caught with any amount of dried flower buds or a plant-derived product would result in arrest. Now, cannabis is legal for adult use, so anyone over 21 years old can smoke or consume cannabis products as they please.
Where cannabis use is permitted, however, will be addressed by village and town boards in the coming weeks and months. The new state law allows for cannabis smoking anywhere that permits cigarette smoking, which currently includes private property and some public areas. Soon after the bill passed, “No smoking of any kind” signs started popping up at parks and public squares in New York City. We can expect to see the same thing here in Northport and within the Town of Huntington, especially as local code is amended in light of these new legalities.
On June 15, the village board will hold a public hearing for an amended local law regarding cannabis smoking. The law prohibits smoking at all times in all parks, athletic fields and beaches located within the lands and jurisdiction of the Incorporated Village of Northport. It will state, specifically, that “no person shall smoke a tobacco product; herbal product; marijuana; marijuana derivatives, electronic cigarette; pipe or cigar; vapors; e-liquids” in any of these locations.
While this new law, if adopted, would not ban smoking in beach parking lots, smoking cannabis inside a vehicle would still be prohibited. In fact, the first local arrest on charges related to cannabis was made two weeks ago, when a young man was caught smoking marijuana in his car at 9:30am. In such cases, smoking will be treated similarly to consuming alcohol in a car. In response to this arrest, Northport Chief of Police Chris Hughes told the Journal, “We intend to continue to be vigilant in keeping impaired drivers off of our roadways. One way to do that is to combat smoking of cannabis products while in a vehicle, which is not permitted by law.”
Dealing with this aspect of the law will be an important issue for local police departments to iron out before legal sales of marijuana commence. In years past, the smell of cannabis in a vehicle alone was grounds for arrest, but now people can have up to three ounces (which is equivalent to about 60 pre-rolls) in their possession legally. To be arrested, they must be seen smoking or using a cannabis product, or driving in a way that indicates they’re impaired. Simply testing for THC levels is problematic because the compound can be found in blood, hair and urine samples for many months. On top of that, some people use medicinal marijuana in lieu of pharmaceutical medications for a range of conditions, consuming THC levels that are low enough to allow for normal day-to-day functioning, but high enough to be detected with a drug test.
In addition to parks, beaches, playgrounds and vehicles, there are some other public areas where smoking is off limits. Restaurant and bar patios, public transportation (including ferries and bus stops) and school grounds are also a no-go. And when it comes to home or apartment rentals, landlords are able to decide on whether or not smoking cannabis is allowed.
At the June 1 Northport Village meeting, Chief Hughes suggested there’s been an uptick in public cannabis use since its legalization. But navigating the specifics will take some time. The local code is fluid and will be changing to make sure cannabis is being used safely and respectfully.
As for local sales of cannabis, the decision on whether or not to “opt out” of allowing for a dispensary is still on the table for Northport Village and the Town of Huntington. While New York cities, towns and villages are able to opt out of sales, they cannot opt out of legalization, meaning adults can use marijuana in permitted locations as they please. Localities have until December 31 to make a decision about allowing dispensaries and locations for on-site consumption.
