Public Hearing November 4: Cannabis Prohibition

The Board of Trustees will hold a public hearing on Thursday, November 4, 2021 to consider a proposed Local Law prohibiting the licensed sale of cannabis and/or on-site consumption sites within the boundaries of the Village of Garden City. If the Village passes this law, the State of New York will prohibit the establishment of any retail dispensary and/or on-site consumption sites by refusing to grant any such license within the Village.

By way of background, former Governor Andrew Cuomo in March 2021 signed into law the Marijuana Regulation and Taxation Act (MRTA), legislation enacted with the stated purpose of creating a regulated and taxed cannabis industry in New York and to provide for social and economic justice related to the sale and use of cannabis. While MRTA legalized the possession and use of cannabis immediately, the actual sale of adult‐use cannabis is not expected to begin until late 2022 or early 2023.

Cities, villages, and towns may opt out of allowing retail dispensaries and/or onsite consumption establishments from operating within their boundaries by adopting a Local Law subject to a permissive referendum on or before December 31, 2021. No city, village, or town may opt out after December 31, 2021. However, a local government that, in 2021, opts out of allowing retail dispensaries and/or on‐site consumption establishments from locating within their boundaries may opt back in at any time.

As this Local Law is subject to a permissive referendum, a valid petition signed by 20 percent of registered voters as of the last general Village election may be filed in the Village Clerk’s office within 30 days of the passage of the Local Law. If no such petition is filed within 30 days, the Local Law goes into effect.

The decision to opt out also means Garden City will forfeit any part of the 4 percent sales tax revenue available to villages that participate in the New York State legalization of cannabis sales. In Garden City, if both the Village and the Town of Hempstead permit cannabis retail sales, then that percent would be distributed between the Town of Hempstead and Garden City, as agreed upon by the Town of Hempstead and Garden City governing bodies. If, however, there isn’t an agreement, the percent would be evenly divided between Garden City and the Town of Hempstead. Monies would be distributed on a quarterly basis and there are no restrictions on how local governments may use these local revenues. As a point of reference, nearby Villages of Floral Park, Hempstead, Rockville Centre, Freeport, Lynbrook and Williston Park, for example, have all opted out.

The Mayor and Board of Trustees have been educating themselves on this decision facing municipalities across New York State since early April, hearing input from numerous residents. At the October 7, 2021 Board meeting, Trustees John Delany and Mary Carter Flanagan shared information from a New York Conference of Mayors (NYCOM) presentation. A summary of that presentation is available by clicking the link below. Residents interested in this issue are encouraged to read the summary in order to understand the decision before the Village of Garden City. Residents are also encouraged to email the Mayor and/or their Trustee with comments and questions. Click here for a list of Board emails. Residents are encouraged to attend the public hearing, which will take place in the Village Hall Board Room and via Zoom beginning at 7:30 p.m. The Zoom link will be made available on the Village website. To read the draft Local Law and learn more about this issue, visit www.gardencityny.net.