The Office of Cannabis Management (the “OCM”) recently published data showing the New York State municipalities that opted out of allowing cannabis on-site consumption sites and/or retail dispensaries within their boundaries. The Marijuana Regulation & Taxation Act (“MRTA”) gave municipalities until December 31, 2021, to pass a local law to opt out of permitting cannabis retail dispensaries and/or on-site consumption sites.
Based on information provided by municipalities, 34% of all municipalities within New York State, including 10% of cities, opted out of all cannabis sales within their jurisdictions. In addition, several municipalities opted out of either retail dispensaries or on-site consumption sites, but not both. The MRTA allows municipalities that opted out by the December 31, 2021, deadline to opt back in at any time. However, municipalities that did not opt out by the deadline no longer have the option to opt out in the future.
A current list of the municipalities that have opted out is available on the OCM website and can be accessed here. Checking this list will be a vital first step for retail cannabis businesses to determine where they may operate retail dispensaries and on-site consumption sites once licensing becomes available.
OCM will periodically update the list as more municipalities formally file their local laws with the New York Secretary of State.
If you have any questions regarding this LEGALcurrents, please do not hesitate to contact any member of the firm’s Cannabis Law practice group at 585.232.6500 or 716.853.1616.