MANLIUS – Local lawmakers are mulling their options regarding the legalization of cannabis in New York State.
Last week, the members of the town board heard from Nick Agrippino, a Manlius-based certified public accountant who works extensively with the cannabis industry.
Agrippino provided a brief overview of the law including what portions of the law local municipalities have some control over.
The town can opt out of certain portions of the law but opting out does not mean it would be illegal to use cannabis products in the town. Adult residents would still be able to use cannabis in any location where tobacco is permitted and will still be able to grow an allowable amount.
The town can opt out of allowing cannabis dispensaries or lounges for on-site use. If it does opt out, it forgoes any of the tax revenues that would come from cannabis legalization.
If the town opts out, it can always opt back in, but if it doesn’t opt out by December there is no provision for opting out at a later date.
If the town does nothing, both cannabis dispensaries and lounges for on-site use will be allowable on Jan. 1, 2022.
The three villages in the town are all likely to put the decision to a vote of village residents, but state law doesn’t allow towns that option.
While acknowledging costs and concerns related to enforcing issues like underage cannabis use and driving while impaired, Agrippino advocated for the town not to opt out of the optional provisions.
“All opting out will do is forego the tax revenues that can help offset these expenses,” Agrippino said. “This is going to be a very highly regulated market, and for good reason.”
If the town allows for cannabis dispensaries and lounges, it would still be able to control location and hours of operation through its zoning code, said Town Attorney Tim Frateschi.
“At the very least, there needs to be a discussion about time, place and manner,” Frateschi said.
Councilor John Deer proposed that the town board bring in experts from both sides of the issue and hold informational meetings with the community to gauge interest in the law.