CICERO — Like many towns in Central New York, the Cicero Town Board decided to opt out of the New York State law allowing establishments to sell cannabis products or permit on-site consumption. But a group of Cicero Democrats believes that decision should be up to the residents.
“We believe it should be the electorate who decides it,” said Joyce Villnave, who was the Democratic candidate for town supervisor in 2021.
Towns who wished to opt out of allowing the sale or consumption of cannabis were required to pass a local law subject to permissive referendum by Dec. 31, 2021. Any resident who is opposed to the town’s resolution has 45 days to pass a petition calling for a referendum on the topic. The number of signatures collected must equal at least 10% of the registered voters who participated in the last gubernatorial election.
Just over 13,000 Cicero residents cast a ballot in the 2018 gubernatorial election, so Villnave and her supporters will have to collect a minimum of 1,310 signatures by Jan. 21. (The town board’s resolution is dated Dec. 8, 2021.) She is aiming for 2,000 to 2,500 signatures in case any of them are challenged.
Villnave questioned the timing of the town board’s decision. The board voted to opt out just a few weeks before the state’s Dec. 31 deadline.
“As soon as the election was over, they put it on the agenda,” she said. “I believe they purposely waited until after the election.”
But according to Town Councilor Jon Karp, the town board opted out only because they are waiting for regulatory guidance from New York State. While towns can opt back in to allowing dispensaries and similar businesses, the opt-out window has closed.
“We intend to opt in soon. The state was very slow in getting the regulatory structure in place,” Karp said. “We’re told we can regulate the time, place and manner of the operation of these dispensaries, but the regulation must be reasonable. I don’t want to be in the situation where we put in place what we think is reasonable [and we end up] spending time in court.”
Since many residents have expressed favorable opinions about the state’s legalization of cannabis, Karp said it would not make sense for Cicero to ban businesses that sell it. In addition, the neighboring town of Clay did not take action on the issue in 2021.
“It accomplishes nothing if someone can order cannabis half a mile away in Clay,” he said.
Villnave said she, too, has heard from many residents who are in favor of legalizing cannabis sales in Cicero.
“A lot of people do use it medicinally and they would like to be able to get it in their own town instead of traveling,” she said.
With Routes 11 and 31 and Interstate 81 running through Cicero, the town could be an attractive location for cannabis businesses, Villnave added.
“Those people who want to be vendors are looking at where the best traffic is,” she said. “We could be missing out on an opportunity.”
While he is in favor of retail businesses, Karp said he opposes establishments for on-premises consumption, calling it “a bridge too far.” He said the comparison of a smoking lounge to a bar falls apart because the effects of cannabis last longer than alcohol.
Driving under the influence of cannabis is still illegal. If Cicero has to bear the costs of policing and prosecuting DUIs, the town might as well benefit from the sale of the drug, Villnave said.
“If the board opts out, we won’t get any of the tax benefit,” she said.
The NYS Marijuana Regulation and Taxation Act (MRTA) places a 9% state sales tax on recreational cannabis sales and a 7% tax on medicinal sales. Recreational retail transactions will also be subject to 4% local sales tax to be split between the county and the municipality.
Karp said there are “too many variables” to know exactly how much revenue Cicero could collect, but he expects it would be significant.
“It’s not going to be a trivial amount because I assume this will be a very popular product,” he said. “Considering the amount of revenue the state is going to make off this, I’m surprised the state has been dragging their feet on this. They’re usually pretty quick to get money out of us.”
If Villnave collects enough verified signatures, a special election would be held between 60 and 75 days after the petition is filed. Should residents vote down the issue, Karp said, that would not necessarily be the end of the road.
“If the referendum fails, it doesn’t have any effect on what the town can and cannot do in the future,” he said after consulting Town Attorney Robert Germain.
For more information about the petition, visit facebook.com/OptInCicero.
