Harlem Valley rolls out decisions pertaining to cannabis businesses

HARLEM VALLEY — After New York became the 15th U.S. state to legalize adult-use recreational marijuana through its Marijuana Regulation and Taxation Act (MRTA) last March, municipalities were given a distinct window of opportunity to decide whether they wanted to opt in or out of allowing cannabis retail dispensaries and lounges in their communities.

Understanding this wasn’t a decision to be taken lightly, Harlem Valley towns and villages spent months discussing the merits of doing so and soliciting community input at public hearings — all while keeping to the Dec. 31 deadline set by former Governor Andrew Cuomo.

By year’s end, several local towns (North East, Amenia and Washington) voted to opt out of allowing dispensaries and on-site lounges, while other municipalities (like Millerton) chose to opt in to both and some (like Pine Plains) voted to permit only dispensaries but not lounges.

What made this opportunity  especially unique was that if a municipality didn’t decide by the Dec. 31, 2021 deadline, the state would automatically make the decision for it, and opt the municipality in, thereby allowing cannabis to be sold commercially and smoked publicly in lounges within its town or village limits.

However, even if a municipality does opt in, that does not guarantee it will receive a license to operate a commercial cannabis business, given the limited number of licenses New York State plans to distribute.

Local leaders have mentioned on various occasions that the state intends to distribute roughly 700 licenses throughout New York. A handful of local municipalities said that low number of open permits has motivated them to opt in for both businesses, to make sure they can get a license while they're still available.

“We thought that having the option for both might put us higher up on the list,” Millerton Trustee Matthew Hartzog said about the village’s decision to allow both cannabis dispensaries and on-site consumption lounges within its borders.

Millerton passed its decision with a majority vote of 3-2, with Hartzog, Mayor Jenn Najdek and Deputy Mayor Alicia Sartori voting in favor of opting in and Trustees Dave Sherman and Laurie Kerr voting against the move.

Along with New York’s plans to be “fairly strict” with the number of licenses issued, Najdek spoke of the potential revenue the village might draw in, adding Millerton might be “one of a kind” by opting in for both permits.

“We just thought we’d like to get out in front of it and deal with everything else as the legislation comes out,” Najdek said.

In nearby Pine Plains, the Town Board weighed the benefits of permitting cannabis dispensaries at its public hearing on the subject this past September.

Councilman Matthew Zick was among the first to say he was not in favor of having lounges in town where people can consume pot on-site, like a bar where people drink alcohol.

Yet Zick said he felt the revenue from dispensaries could benefit Pine Plains. Former town Supervisor Darrah Cloud also supported dispensaries in town, adding at the time she felt the town might “lose out completely” if it waited on doing so.

Asked his reasons for supporting dispensaries but not lounges, Zick said, “I feel that people are doing it anyway, but why have them all go to Great Barrington, Mass., when it’s the tax revenue that we can get here at home, and I feel people want to buy it and go home with it and use it on their own free time.”

Pine Plains Attorney to the Town Warren Replansky confirmed Zick’s interpretation by explaining a dispensary’s retail operations would entail the sale of cannabis, which would be taken off-site after purchase, whereas at lounges cannabis would be purchased and consumed on-site.

As for the municipalities that voted against allowing marijuana businesses in their communities, local officials voiced confidence in how they are planning for their constituents' futures.

“I think it was a good decision for the town,” said Amenia town Supervisor Victoria Perotti, “and we had many people at the public hearing who were concerned about there being a dispensary or lounge in our town; we felt it was the best decision for the town of Amenia.”

Town of Washington Supervisor Gary Ciferri echoed that sentiment.

“We had a public hearing… and hardly anybody showed up, but nobody expressed dissatisfaction with our decision. So I think we made the right decision and we’ll stick by it,” he said.

That said, The Millerton News asked each town if it might revisit its decision in the future. While some leaders weren’t certain, others, like North East town Supervisor Chris Kennan, considered the possibility.

“I know there is interest from people I’ve talked to in possibly opening a dispensary in the town,” Kennan said, “and that’s something the board wants to consider because of the potential tax revenues that the town could realize.”

“If we could only predict the future, we’d all be better off,” Ciferri said, “and if you want my honest opinion now, I would probably say we’re not going to change our position. Obviously the money is good, but that’s not what drives us: We’re more concerned about the community and the people that live here.”

For those wondering about the cannabis industry’s license application process, a Q&A Chair the New York Cannabis Control Board Tremaine Wright,  held on Tuesday, Jan. 4, as of early January there was no set date for when license applications will become available.

According to www.cannabis.ny.gov, the board “is the approval and oversight body of the Office of Cannabis Management. [It] is responsible for approving the comprehensive regulatory framework for New York’s cannabis industry, including issuing applications and licenses to cannabis businesses and approving the rules and regulations which will govern the new industry.”

There is a tentative 18-month time line; recreational dispensaries are expected to be licensed and operational by next summer.

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