Residents in two Onondaga County towns and two villages should know after the polls close on Tuesday whether retail marijuana sales will be allowed in their communities.
Voters in the towns of Camillus and Geddes, and the villages of Camillus and Tully, are deciding on whether to open their communities to shops that sell pot and businesses where people can gather and consume marijuana.
A âyesâ vote on the proposition means you want the community to ban retail marijuana sales and ban marijuana consumption at certain businesses.
If you vote âno,â that means you want your community to allow retail marijuana sales and pot consumption in certain businesses.
The propositions on the ballot are lumped together. That means you must weigh in on both retail sales and consumption with a single vote.
On March 31, New York made recreational marijuana legal. Towns and villages canât do anything to limit a residentâs right to possess or consume weed.
But the communities do have the power to prohibit retail outlets from selling pot.
New York towns, villages and cities all need to decide by Dec. 31 if they will opt out of permitting marijuana.
Some towns and villages have made decisions already after pubic hearings or resident surveys. For example, the villages of Liverpool and Manlius have decided to opt out, while others like Minoa and Manlius plan to put the question to voters early next year.
The state law specifies village boards are the only ones who can choose on their own to put the decision to a public vote. The village would first have to opt out, then make the public vote part of that law.
But town officials in Geddes and Camillus say their legal counsel has advised them to go ahead and put the decision to a public vote anyway.
Election Day is Nov. 2. The polls are open from 6 a.m. to 9 p.m.
If local elected officials say no to marijuana, residents of a community can force a vote if they disapprove of the governmentâs decision to opt out. But it takes widespread voter support in the form of a petition to force that.
Many towns and villages are still debating what to do.
If municipalities decide to allow marijuana sales and public consumption, they can regulate it by setting the hours, place and manner, said John Kolesar, a lawyer with Harris Beach in New York City. They can put the retail dispensaries or on-site consumption businesses into a certain zone or district.
Some provisions to keep in mind, according to the New York Association of Towns:
Retail outlets selling marijuana can only sell to those 21 and up.
- If a government opts in, the retailer still has to get a license to sell cannabis or to allow it to be consumed at their business.
- Dispensaries and sites allowing public consumption of pot can be limited to specific areas through zoning. Local laws can regulate the time, place and manner in which they operate, as long as it is reasonable.
- Towns, villages and cities also can set up their own marijuana smoking rules for property owned or controlled by them, such as a park or playground.
- Local governments canât limit the number of dispensaries but the new state Cannabis Control Board can. When issuing a license, that board can consider factors such as the number of outlets and how close they are to each other, traffic, noise and more.
- Retail dispensaries or on-site consumption sites canât be located within 500 feet of school grounds or within 200 feet of a house of worship.
- Marijuana is subject to the same laws as smoking or vaping tobacco. It canât be smoked in a workplace, bar or restaurant, an indoor pool area, public transportation, child care facilities, colleges, hospitals, indoor arenas, zoos or bingo areas.
- It also canât be smoked with 100 feet of school grounds or on a school bus.
Elizabeth Doran covers education, suburban government and development, breaking news and more. Got a tip, comment or story idea? Contact her anytime at 315-470-3012 or email edoran@syracuse.com
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