Municipalities make pot sales decisions
FINGER LAKES--The deadline for municipalities to opt-out of allowing on-site sales and consumption of marijuana products has come and gone. Throughout the Finger Lakes results were mixed. While some municipalities have decided to opt-out, residents may have the ability to override the decision if a referendum is called. Although municipalities have the ability to restrict the sale of marijuana and consumption in certain areas, the state has already determined that possession and use of marijuana are now legal. Towns and villages had the opportunity to opt-out before the beginning of 2022, although a no-vote meant automatically opting-in. Municipalities that have opted-out can opt-in at any time, but once it has opted-in it cannot be reversed. With many of the final regulations on cannabis still under consideration by the state, this meant many localities chose to wait and see the rules before opting-in. The Nelson A. Rockefeller Institute of Government has tracked the adoption or opt-out of governments across the state. Their tracker can be seen at www.rockinst.org. Yates County Penn Yan has decided to opt-in for both dispensaries and consumption sites and will limit where it can be sold through zoning restrictions. While the decision was made to allow the opt-in, uncertainty in the regulatory framework of the state law still exists. "I actually recommended we opt-out with (an eye towards opting-in later)," said Penn Yan Mayor Leigh MacKerchar. "Not because I am opposed to the sale or anything like that, but because I think the state law is very poorly defined and the regulations need to be refined." In Dundee, onsite sales and consumption are allowed with an eye towards zoning restrictions. Along with zoning restrictions designed to limit where businesses can operate, there will also be restrictions for public consumption on village owned or leased property including parks. The town of Barrington will allow both onsite sale and consumption by not opting-out. For the town of Benton, officials voted against allowing the onsite sale or consumption of marijuana. According to town officials no referendum was triggered and one will not be held. The Rockefeller Institute reports Dresden has opted-out. Officials from Dresden did not comment further. The Rockefeller Institute reports Potter has opted-out. Officials from Potter were not able to be reached for this story. Italy has opted-in to both onsite sale and consumption. Jerusalem has opted-out of both sales and onsite consumption. Middlesex has also opted-out of both sales and on-site consumption. Milo has opted-in to both on-site sale and consumption. Starkey has also opted-in to both on-site sale and consumption. Torrey has opted-in to both on-site sale and consumption. Schuyler County Watkins Glen has decided to opt-in for both on-site sales and on site consumption. Mayor Luke Leszyk has previously said the village would look into zoning restrictions to keep businesses who sell marijuana in commercially zoned properties. "We are going to allow it, but we are going to make sure that it is done in an appropriate part of the village," Leszyk said previously. Odessa has opted-out of on-site sale and consumption but has already scheduled a referendum on the matter for March 15. Mayor Gerry Messmer has previously said the village's intention was to always allow voters to have the final say on the matter and in order to give the vote to residents the village had to first opt-out by the deadline. The village of Montour Falls has opted-out of both on-site consumption and sales. The town of Montour however has decided to allow both the on-site sale and on site consumption of marijuana. Burdett has opted-out of both on-site sales and consumption. Tyrone has opted-out of both on-site sales and consumption. Catharine will allow both the on-site sale and consumption of marijuana. Dix has decided to allow both the on-site sale and on-site consumption of marijuana. Cayuta has opted-out of both on-site sales and consumption. While there has been a public referendum called for, there is no word as to when it will take place. Town of Reading officials refused to comment. The Rockefeller Institute reports they will allow dispensaries and consumption sites. Officials from Orange could not be reached for this story, however the Rockefeller Institute reports they will allow dispensaries and consumption sites. According to officials from the town of Hector, the board did not opt-out. This means that Hector has allowed on-site sale and consumption. Steuben County Hammondsport, Urbana and Wayne have opted-out of both sales and on-site consumption. The town of Pulteney has opted-in for dispensaries and consumption sites.
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