Much attention has been given recently to the question of whether to allow marijuana dispensaries in our communities, specifically the town of North Elba and the village of Lake Placid.

Former Gov. Andrew Cuomo signed the Marijuana Regulation and Taxation Act (MRTA) in March of 2021. This act legalizes the recreational use of marijuana and cannabis products for all adults over the age of 21 and provides sales tax revenue to those communities that allow dispensaries, also known as “pot stores.”

The legislation also set up the Office of Cannabis Management (OCM) to govern and implement the new law. The OCM, along with its board of control, will oversee all aspects of the industry and most importantly, the issuing of licenses for commercial retail marijuana dispensaries in our towns and villages. Some of these licenses will allow for onsite consumption of marijuana (also known as “pot bars.”)

The legislation allows localities the right to decide for themselves whether they would allow “pot stores” or “pot bars.” The law comes with a “deadline” though, municipalities (villages and towns) must take an action by Dec. 31, 2021 in order to exercise that right. Do nothing, and the town or village essentially has given up their right to ban pot sales within their borders. There are over 900 towns, 500 villages and 62 counties in New York.

All are grappling with this decision.

For clarification, the legislation requires all towns and villages throughout the state of New York to make a choice before Dec. 31 of this year: do nothing or “opt out” of the law. That means that for the village of Lake Placid and the town of North Elba, our board members must declare a position.

If a town or village board “knowingly” takes no action before Dec. 31, then that municipality has essentially decided to allow for pot stores. If a town or village board votes to “opt out” then that board has decided to not allow dispensaries in that municipality. However, the municipality that has “opted out” also has preserved its right to allow for pot stores and/or pot bars at any time in the future. That’s right, a municipality that opts out can opt back in at any time. However, this opportunity to “opt out” is only available to municipalities one time and the choice must be made in less than three months, by Dec. 31, 2021.

There is another way to manage this decision, which is to let the community and its voters decide. Towns and villages can put the decision to the people for a vote. Here’s how: A town would pass a local law opting out. Within 45 days following the passing of the local law, one could circulate and file a petition asking the town to put the question on the ballot to the voters in the next general election. In the case of North Elba, next Nov. 7, 2022.

There’s a slightly different referendum process for the village of Lake Placid, but both would allow the voters then to decide whether they want to allow pot bars and pot stores in their communities.

As one of the commissioners of the Essex County Board of Elections, I can say with confidence that we are prepared to assist any Essex County community that decides to put this important decision to the people for a vote.

As attorney for a town myself, I have worked closely with the legal experts at the New York State Association of Towns and Villages to provide information to our elected officials and community on this critical legislation. We have been informed it will likely be mid- to late-2022 before any New York licenses will be granted for dispensaries. The Office of Cannabis Management has much work to do to provide guidance, regulations and licensing requirements.

Staff were just put in place by the Office of Cannabis Management within the past two weeks.

The fact remains that possession of certain amounts of marijuana by those 21 years of age and older is now legal in New York. There will be no shortage of dispensaries in New York, meaning recreational users should have no problem obtaining marijuana and cannabis products, legally.

Whatever your opinion, this decision could impact your community and your voice is needed. Contact your town and village officials and be heard.

—

Allison McGahay is an attorney, Essex County’s Republican election commissioner and a former Essex County assistant district attorney. She lives in Lake Placid.