NY State Senate Bill 2023-S9148

Senate Bill S9148

2023-2024 Legislative Session

Exempts the town of Pound Ridge from the establishment of retail dispensary licenses and on-site consumption licenses for cannabis

download bill text pdf

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2024	referred to investigations and government operations

2023-S9148 (ACTIVE) - Details

See Assembly Version of this Bill:: A10091
Current Committee:: Senate Investigations And Government Operations
Law Section:: Cannabis Law
Laws Affected:: Amd §131, Cannabis L

2023-S9148 (ACTIVE) - Summary

Exempts the town of Pound Ridge from the establishment of retail dispensary licenses and on-site consumption licenses for cannabis, provided that the town adopts a local law prohibiting the establishment of such licenses.

2023-S9148 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9148REVISED 5/2/24

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the cannabis law, in relation to exempting the town of
Pound Ridge from the establishment of retail dispensary licenses and
on-site consumption licenses for cannabis

 
PURPOSE:

To provide a 9 month window for the Town of Pound Ridge to pass a local
law prohibiting the issuance of any retail sale or on-site consumption
cannabis licenses within the town.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 131 of the cannabis law by adding a new subdi-
vision 1-a to provide a 9 month window for the Town of Pound Ridge to
pass a local law prohibiting the issuance of any retail sale or on-site
consumption cannabis licenses within the town.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

The Marijuana Legalization and Taxation Act (MRTA) provided localities
with the opportunity to pass a local law opting out of allowing retail
sale and on-premise use cannabis licenses to be issued for their commu-
nities. Localities wishing to opt out had until December 31, 2021 to do
so.1 According to the Rockefeller Institute of Government, 753 munici-
palities opted out of allowing dispensary licenses; 877 opted out of
allowing on-site consumption licenses.2

Pound Ridge is a small, residential community in northern Westchester,
near the border with Connecticut. The Town Board did not choose to opt-
out during the period provided by the MRTA. In the time since, residents
have expressed growing concern about the possibility of a dispensary
opening in Pound Ridge, including whether the town has the infrastruc-
ture to handle the increased traffic. Further, some residents have
raised concerns that there was inadequate opportunity for public input
as the Board considered whether to opt-out. A cannabis shop recently
opened in Pound Ridge, thereby making this issue more pressing.

The Town Board has since reversed its position, passing a resolution in
December 2023 requesting the opportunity for a new opt-out window.  This
legislation would provide that opportunity, allowing the Town of Pound
Ridge a 9 month period to consider and pass, if they so choose, a local
law opting out of retail or on-site cannabis licenses.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.
1 Chapter 92 of the laws of 2021
2 https://rockinst.org/issue-areas/state-local-government /municipal-
opt-outtracker/

2023-S9148 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9148
 
                             I N  S E N A T E
 
                                May 1, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the cannabis law, in relation to exempting the  town  of
   Pound  Ridge  from the establishment of retail dispensary licenses and
   on-site consumption licenses for cannabis

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 131 of the cannabis law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. THE LICENSURE AND ESTABLISHMENT OF A  RETAIL  DISPENSARY  LICENSE
 AND/OR  ON-SITE CONSUMPTION LICENSE UNDER THE PROVISIONS OF ARTICLE FOUR
 OF THIS CHAPTER AUTHORIZING THE RETAIL SALE  OF  ADULT-USE  CANNABIS  TO
 CANNABIS CONSUMERS SHALL NOT BE APPLICABLE TO THE TOWN OF POUND RIDGE IN
 THE  COUNTY  OF  WESTCHESTER,  PROVIDED  THAT  THE  TOWN OF POUND RIDGE,
 BETWEEN THE EFFECTIVE DATE OF THIS SUBDIVISION AND NINE MONTHS THEREAFT-
 ER, ADOPTS A LOCAL LAW, SUBJECT TO A PERMISSIVE REFERENDUM  PURSUANT  TO
 SECTION  TWENTY-FOUR OF THE MUNICIPAL HOME RULE LAW, REQUESTING THAT THE
 CANNABIS CONTROL BOARD PROHIBIT THE ESTABLISHMENT OF SUCH RETAIL DISPEN-
 SARY LICENSES AND/OR ON-SITE CONSUMPTION LICENSES WITHIN  THE  JURISDIC-
 TION  OF  THE  TOWN.  AFTER  NINE MONTHS FROM THE EFFECTIVE DATE OF THIS
 SUBDIVISION, NO LOCAL LAW MAY BE ADOPTED THAT PROHIBITS  THE  ESTABLISH-
 MENT OF RETAIL DISPENSARY LICENSEES AND/OR ON-SITE CONSUMPTION LICENSES;
 PROVIDED,  HOWEVER,  THAT  A LOCAL LAW REPEALING SUCH PROHIBITION MAY BE
 ADOPTED AFTER SUCH DATE.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15280-01-4

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