Legalized Recreational Marijuana In NY

[Kevin 334]

3 hours ago, Zapp Brannigan said:

Well just a bit different since weed gets you high and those dont

I meant as far as consumption onsite. The getting high part obviously is different. 

[Adam 373]

11 hours ago, Chris said:

I'm not so sure I understand the need for on-site consumption establishments, so I can understand opting out of those. But by opting out of retail sales, aren't these municipalities missing out on a potential for a lot of tax revenue?

check December 2021 Minutes to see what OUR village idiot's "thoughts" on the mater were

[Zapp Brannigan 137]

10 hours ago, Adam said:

check December 2021 Minutes to see what OUR village idiot's "thoughts" on the mater were

Cant have weed sales messing with meth sales

[Andrew Patros 6]

Here is a Guest View I submitted to the Star Gazette, that ran today, 1/30/22.

[Andrew Patros 6]

I've also launched a news and information website, Chemung Cannabis Information Group at https://chemungcannabis.com

Edited January 30, 2022 by Andrew Patros

[Andrew Patros 6]

Link to the recently announced series of online public meetings with the NYS Office of Cannabis Management.

One for the Southern Tier is Thursday, Feb. 3rd, 6-7pm.

Click on the link to register/sign up:

https://www.eventbrite.com/e/office-of-cannabis-management-cannabis-conversations-southern-tier-tickets-250921572177?aff=ebdsoporgprofile

[Andrew Patros 6]

On 1/27/2022 at 12:43 PM, MsKreed said:

I haven't seen the language of the various licenses.....would an individual business be limited "either/or" where consumption sites can't sell and sellers can't have consumption? 

Unless businesses would be restricted in that way from selling and onsite consumption ....then I would imagine, like wineries and breweries, the opportunity to "sample" before buying would indeed be a huge draw businesswise.

Here is a link from the NYS OCM website, relative to the Adult Use license types.

https://cannabis.ny.gov/system/files/documents/2021/09/cannabis-management-fact-sheet-9-21-adult-use-license-04_0.pdf

[Kevin 334]

52 minutes ago, Andrew Patros said:

Here is a Guest View I submitted to the Star Gazette, that ran today, 1/30/22.

I forget the Star Gazette is still a thing until someone posts something about it. 

[MsKreed 1,172]

48 minutes ago, Andrew Patros said:

Here is a link from the NYS OCM website, relative to the Adult Use license types.

https://cannabis.ny.gov/system/files/documents/2021/09/cannabis-management-fact-sheet-9-21-adult-use-license-04_0.pdf

Thank you!

From the description and "ownership limits" it does appear that businesses could operate as both a retail dispensary and on-site consumption (similar to tastings  onsite for breweries and wineries). In which case, I'd think it could offer similar draw for customers.

 

 

Edited January 30, 2022 by MsKreed

[MsKreed 1,172]

2 hours ago, Kevin said:

I forget the Star Gazette is still a thing until someone posts something about it. 

In this day and age, it often seems like there are so many free and accessible sources of information, a paywalled site does sometimes seem obsolete/unnecessary. But recently I've begun to rethink that premise and opted (for now) to get a subscription.

Matters subject to "public notice" are published in the SG with full and complete legal language required under the New York State Municipal Home Rule (MHR) law.  The MHR also requires everything to be on file and available at the clerk's office for the public to access in person (often during very limited office hours for small municipalities). 

I don't understand why, but apparently the MHR law does not require them to provide everything on their local government websites that's required to be published in the paper and available in person.

As a result, residents may not be aware of what public hearings and proposed laws they may wish to address. And once a "local law" is adopted, information on whether they are subject to permissive referendum is legally required to be stated in the paper's "public notice"..........but more often than not, omitted from minutes and municipal websites. 

So far I haven't seen any places in Chemung who "opted out" place a public notice after their board voted to pass those local laws.  They may not go out of their ways to make it common knowledge....but their decrees shouldn't necessarily be considered the "end" of the matter.  As noted in the NYS link that @Andrew Patros posted above:

Quote

 

All local laws passed by municipalities opting out of allowing adult-use retail dispensaries or on-site consumption licenses are subject to a permissive referendum as outlined in section twenty-four of the Municipal Home Rule Law.

This creates a process allowing voters of the municipality to petition the outcome of a local law, which if successful, will trigger the question of whether or not to approve the local law, to be placed on the ballot at the next general election of state or local government officials for the municipality.

 

 

[Andrew Patros 6]

The City of Jamestown has assumed a very proactive position regarding appealing to cannabis growers to come to their city.

https://www.jamestownny.gov/cannabis/

[KarenK 382]

3 hours ago, Andrew Patros said:

The City of Jamestown has assumed a very proactive position regarding appealing to cannabis growers to come to their city.

https://www.jamestownny.gov/cannabis/

Pretty sure the city of Elmira approved cannabis.  

[Andrew Patros 6]

Correct, the city of Elmira did.

My point here is that Jamestown is really highlighting this aspect.

 

[Andrew Patros 6]

Just an fyi on a FB page I started, to provide up to date cannabis news and information related to New York.

Chemung Cannabis Information Group - https://www.facebook.com/chemungcig

[Andrew Patros 6]

People in Dansville vote to clear way for cannabis dispensaries, consumption sites.

Citizen action still works!

https://www.eveningtribune.com/story/news/2022/02/16/dansville-referendum-votes-cannabis-dispensaries-consumption-sites-marijuana/6811727001/?fbclid=IwAR1FoBUk4I7jwGMzWegXZRdKYmHm2DTV_U2oU68_newouJmOzRoahY6B1M0

[MsKreed 1,172]

2 hours ago, Andrew Patros said:

Citizen action still works!

There's one point that this story overlooked:

Quote

The village board passed a local law in December to opt out of allowing dispensaries and consumption sites, but put a provision in place requiring a public referendum on the matter within 60 days.

However.....according to the "Local opt-out; municipal control and preemption" section of the NYS Office of Cannabis Management it is not up to the municipalities to offer a public referendum - the public is supposed to have the ability to petition for a referendum on their own accord.

Quote

All local laws passed by municipalities opting out of allowing adult-use retail dispensaries or on-site consumption licenses are subject to a permissive referendum as outlined in section twenty-four of the Municipal Home Rule Law.

This creates a process allowing voters of the municipality to petition the outcome of a local law, which if successful, will trigger the question of whether or not to approve the local law, to be placed on the ballot at the next general election of state or local government officials for the municipality.

It would seem like, in order for the public to have an opportunity to "petition the outcome of a local law", the municipality should be required to post a public notice that the law has been adopted by the local board, and that it is subject to permissive referendum.

I've seen just such Public Notices in the "legal" section of the Leader by municipalities in Steuben county....both announcing the Public Hearing prior to their board voting on the opt-out law, and after its adoption, clearly stating that the public can petition for a referendum. 

Example:

Meanwhile....in Chemung County, municipalities have only published notices for Public Hearings....

None have announced the laws were passed, let alone inform the public that they can petition for a referendum. 

This seems like something the Cannabis Information Group may want to ask the Office of Cannabis Management about. If a local government fails to provide proper public notice to allow for a referendum on petition, is that local law invalid???

 

Edited February 19, 2022 by MsKreed

[Andrew Patros 6]

Good info Kathleen.  And CCIG will be happy to ask OCM. 🙂

[Andrew Patros 6]

As an aside, here is a guide compiled by the NYS Association of Towns, covering the MRTA.

https://www.townofguilderland.org/sites/g/files/vyhlif7546/f/uploads/cannabis_guide_for_towns_2021_1.pdf

[MsKreed 1,172]

2 hours ago, Andrew Patros said:

Good info Kathleen.  And CCIG will be happy to ask OCM. 🙂

The Local Government Handbook  seems clear that such a "permissive referendum" (as the OCM defines for opt out laws) requires a Public Notice.

 

Quote

A permissive referendum is one in which the local governing body is authorized to place a matter before the voters on its own motion. Or, after the local governing body renders a decision on the matter, it may be required to wait a specified period of time (after public notice of the decision) before the matter is finally decided. During that interval, a petition may be filed demanding that the local governing body may submit the matter to referendum for a public decision. A proper petition, as defined by law, must be filed within the timeframe, set forth by law.

Now I am truly curious if any of the municipalities in Chemung County legally opted out before December 31st, since none of them have met this requirement. 

[Andrew Patros 6]

I see that the Town of Elmira posted their adoption to their E-Code online system - https://ecode360.com/EL2935/search?query=cannabis&scope=all&sortOrder=relevance

And so did the Town of Southport - https://ecode360.com/37967424

I looked at a few other muni websites, but most don't appear to use the E-Code system, hence it becomes difficult to cull that information.

Edited February 20, 2022 by Andrew Patros

[MsKreed 1,172]

The notices that are submitted to local papers are available (without a paywall) at:

https://www.newyorkpublicnotices.com/public

Searching a broad 2021 date range, and entering 'cannabis' and [e.g Horseheads] return results that show almost all are using that platform to give Notice of Public Hearings, but not so much the adoption of opt-out resolutions.

Edited February 20, 2022 by MsKreed

[MsKreed 1,172]

On 2/19/2022 at 5:38 PM, MsKreed said:

Now I am truly curious if any of the municipalities in Chemung County legally opted out before December 31st, since none of them have met this requirement. 

 

@Andrew Patros

I've been hearing radio commercials by the Office of Cannabis Management lately....and made me wonder if the Cannabis Information Group ever determined whether local municipalities that failed to publicly announce their opt-out resolutions to allow permissive referendum are actually legally opted out or not. 

[MsKreed 1,172]

Short notice.....but Larry Sharpe will be at this event in Nichols on Saturday:

https://www.facebook.com/events/1006444060274441/?ref=newsfeed

[Chris 2,154]

I've noticed a lot of cars out there, driving around with the smell of marijuana coming from the car. Like, Cheech and Chong type smell. I've even seen a guy next to me at a traffic light smoking a joint ( you could smell it as well ). And I know there was talk about how to enforce DUI laws as they would pertain to being under the influence of cannibis. Recently I saw these two arrests:

Quote

 

On May 19, 2022, at approximately 5:39 a.m., the State Police in Big Flats conducted a traffic stop on a motorist for speeding on Interstate 86, in the town of Big Flats.  While interviewing the driver, ( name redacted ) age 40, from Corning, the trooper detected a strong odor of burnt cannabis along with signs of impairment.  ( Name redacted ) submitted to Standardized Field Sobriety Testing, subsequently failing them. 

( Name redacted ) was transported to SP Horseheads to be processed for Driving While Ability Impaired with prior convictions, Aggravated Unlicensed Operation 1st degree, and multiple vehicle and traffic law violations.  He was arraigned in the Town of Horseheads Court and remanded to the Chemung County Jail.

 

Quote

 

On May 13, 2022, at approximately 12:59 p.m., State Police out of Horseheads conducted a traffic stop of a motorist on State Route 13, in the town of Veteran.  While interviewing the driver, ( name redacted ) age 35, from Corning, the trooper detected the odor of burnt marijuana emanating from ( name redacted ). Troopers had ( name redacted ) submit to Standardized Field Sobriety Testing, subsequently failing them.

She was transported to SP Horseheads where she submitted to a breath test with a reported value of 0.00% BAC.  Additional testing was done on her at SP Horseheads where she was charged with Driving While Ability Impaired by Drugs.

( Name redacted ) was given an appearance ticket returnable to the Town of Veteran Court on May 25, 2022, at 5:30 p.m.

 

I removed the peoples' names, because, sure it's public record but not pertinent to the conversation here. 

Keeping in mind how long marijuana stays in a person's system, I'm curious as to what additional testing was done at the barracks, and how well it would stand up in court. 

[Ann 263]

2 hours ago, Chris said:

 

Keeping in mind how long marijuana stays in a person's system, I'm curious as to what additional testing was done at the barracks, and how well it would stand up in court. 

Blood tests.  When received by the Court, reports often showed substances other than marijuana.  The test results held up in Court and usually settled through plea deals.