Village Board intends to opt out of cannabis sales and onsite consumption establishments, public hearing on local law takes place next week

The Northport Village Board of Trustees has until December 31 to decide whether or not it is going to “opt out” of allowing adult-use cannabis sales and onsite cannabis consumption establishments within its jurisdiction. Across New York State, each city, town and village must make a decision before year’s end, and to prepare, the Northport Village Board is holding a public hearing next Wednesday, November 3 at 6pm, at the Northport American Legion Hall.

Last week, the Village announced their “legislative intent,” which is to “opt out of allowing cannabis retail dispensaries and onsite cannabis consumption sites in the Incorporated Village of Northport that would otherwise be allowed under the Cannabis Law.” The public may now speak for or against the board’s intent at next week’s hearing. Like any new law, there are some complexities to the New York cannabis act, also known as the “Marijuana Regulation & Taxation Act,” that passed in March. Although city, town and village officials may opt out of allowing dispensary or onsite consumption licenses, they cannot opt out of adult-use legalization, which includes cannabis possession (up to three ounces on your person and five pounds at your residence) and use for people 21 years of age or older.

A municipality, in this case Northport Village, is able to pass local laws and regulations that govern the time, place and manner of cannabis sales and onsite use, provided that they “do not make the operation of the license unreasonably impractical,” according to the NY Cannabis Control Board. For example, the Village Board can regulate local zoning laws and the location of licensees, hours of operation and adherence of local business codes.

If the Village does not opt out by December 31, it will be unable to opt out at a future date. However, it may opt out and then opt back in to allow adult-use retail and/or onsite consumption licenses in the future, by repealing the existing law that established prohibition.

And even if the Village opts out by the deadline, the local law is subject to what’s called a “permissive referendum,” allowing voters to petition the outcome and place a new local law allowing cannabis sales and onsite consumption on the ballot at the next general election, which for Northport Village is March 15, 2022.

If the Village ends up opting in, by decision of the board or voters, there is still another layer of regulation in place. Before a person can apply for an adult-use retail dispensary or onsite consumption license, he/she must notify the Village and propose a desired premise location. The board may then express an opinion for or against granting the license, which will be used by the Office of Cannabis Management to determine whether to grant or deny the application.

Residents may voice their thoughts about cannabis sales and onsite consumption within Northport Village in person at the public hearing next Wednesday at the Northport American Legion Hall, or via Zoom here.