Southold Town Board To Vote On Whether To Allow Marijuana Sales

SOUTHOLD, NY — The town board is slated to vote Tuesday on whether or not to opt out of allowing adult use cannabis retail dispensaries and on-site consumption sites in Southold.

According to Southold Town Supervisor Scott Russell, a public hearing held open to allow for written comment will be closed Tuesday, with the board set to render a decision. The special meeting will be held at Town Hall at 7 p.m. The meeting can also be viewed via Zoom.

A public hearing on December 14, held at Town Hall was sparsely attended, but those who spoke felt there were too many questions still unanswered.

New York's cannabis law requires towns to opt out prior to December 31 or "forever lose the right to do so," the proposed local law said.

When Gov. Andrew Cuomo signed the Marijuana Regulation and Taxation Act earlier this year, a provision gave local governments the authority to opt-out of the sale of recreational marijuana within their boundaries. In doing so, they also forfeit the tax revenue that would come from the sale of marijuana.

Southold resident Terence Kelleher spoke in support of opting out and said he did not agree with the "heavy-handed way" in which the state handled the issue, especially since no establishments can operate for more than a year and because positions on the state's cannabis control board were still being filled in November.

"So much is not known," he said.

Also, he added, New York is the first state in the nation to introduce the idea of consumption sites or lounges.

Kelleher questioned a new store in town that has opened up near the library on Main Road, where he said bongs and other paraphernalia were on sale and lining the walls in full display. He said he worried about the impact on students from the elementary school and high school walking by the displays "and wondering what it's all about."

The law, he said, did not give equal rights to those on both sides of the issue. "It's too early to decide this," he said. "This is premature."

He urged the board to opt out, to allow for time to deliberate on the issues.

Jean Schweibish also urged the town to opt out. "The state has no guidelines," she said. She said she did not understand why the state's agenda included both decriminalization and legalization of marijuana and said one or the other should have been considered first, not both.
"I am asking the board to opt out and see what happens in Riverhead," she said.

Riverhead and Southampton Towns are the only East End municipalities that have agreed to opt in; Riverhead has already held its first marijuana advisory committee meeting.

Ryan Andoos, who owns a hemp farm in Moriches, was the only person to speak in favor of cannabis retail dispensaries and consumption sites. He said opting out would hurt small businesses and said even if Southold opted out, marijuana could still be delivered to residents from Riverhead and other areas.

If the town felt uncomfortable with the new concept of consumption lounges, he said, the board could opt to okay dispensaries and not the consumption lounges.

Russell said with nothing able to commence until 2023, the town had "plenty of time to evaluate the issues"; he raised some concerns about what the impacts could mean on the agricultural canvas in Southold with so many putting so much money into marijuana production.

He added: "The only time to opt out is now."

Andoos said the state would only grant a finite number of licenses and if Southold decided later to opt back in, "there might not be any left. It will just be Riverhead and tons of delivery services."

Russell said there was no basis in that argument, with licenses no less than 18 months from being issued.

The supervisor said it was important to take the issues seriously and review them objectively. He added: "I think it's inevitable, but let's give it time. We want to be thoughtful and thorough."

New Mattituck resident Jackie Kanarvogel, who also works as a prevention educator at Human Growth and Understanding Seminars, or HUGS, in Westhampton Beach, said it was critical to come at the issue from a youth perspective. By opting in, she said, "You only further normalize a culture of substance abuse."

Although the sites are for those over 21, she said, "It doesn't mean it won't be more accessible."
And, she added, while some say the tax revenue is "a pull," the amount of money may be minimal and not worth "the risk we'd be putting into the lives of our youth."

Kanarvogel suggested waiting, watching and learning from what was happening in other town that opt in. She said the new state cannabis control board has offered "no specificity at all at how this is supposed to roll out. I would appreciate the opportunity to learn about how this is going to go, before we put youth in harm's way."

Russell said he has spent months studying the issue. "I don't think tax revenue should be the basis of policy. You need to make public policy in the best interest of the community," he said.

And, he said, the state hasn't yet even decided on tax percentages yet. "I don't think we'll get a bead on how much each town will receive for some time," he said, adding that, based on when Lotto was created, Southold got nothing. "That's the reality," he said.

While he said he was not drawing judgment, he was hoping the town would have been able to put the question to voters via public referendum.

Russell, in a past interview with Patch, added that he does not think it is the intention of the board "to take a hardline stance against sales. However, it is a new use and, like any new use that gets added to the code, we have to determine if we want it, where we want it and under what circumstances."

New York State, he said, just filled its new cannabis control board.

"They have yet to develop rules, regulations or policies governing sales," Russell said. "I have been trying to craft possible zoning for two months but, I am doing so in the dark since I have no guidance from New York State."

Russell said opting out may be necessary to give the town time to consider sales and consumption sites in Southold and how to possibly accommodate both.

"Or, maybe it's not," he said. "Let's have the public hearings and get input before we decide."

He added: "Opting out doesn't have to be permanent but, not opting out by December 31 and allowing sales and consumption sites is."

In Greenport, the village board voted 3 to 2 recently to opt out.

Greenport Village Mayor George Hubbard also said he voted "no," because there is only one chance to opt out, but the village could decide at a later date to opt back in. Hubbard said the cannabis control board had only met once and he was waiting for some state guidance.

"This gives us time to figure it all out," he said.

The villages of Westhampton Beach, Southampton and Quogue have opted out, as have East Hampton Village and East Hampton Town. Riverhead did not opt out of the measure.
In March, Cuomo signed the Marijuana Regulation and Taxation Act — a bill passed by state lawmakers that allows people 21 and over to use weed legally. The measure is slated to bring in $350 million in tax collection to the state's coffers annually and potentially create 30,000 to 60,000 jobs, Cuomo said.

"This is a historic day in New York — one that rights the wrongs of the past by putting an end to harsh prison sentences, embraces an industry that will grow the Empire State's economy, and prioritizes marginalized communities so those that have suffered the most will be the first to reap the benefits," Cuomo said.
Not all lawmakers voted yes. New York State Senator Anthony Palumbo, a Republican representing the 1st District, voted no, citing his concerns on the potential impact on roadway safety, the effects on young children, the demand on addiction services and quality of life.

Palumbo said his main opposition to the legislation related to law enforcement's ability to keep streets and highways safe under the new legislation. He said there were only 343 drug recognition experts throughout the entirety of New York State; the specially trained officers are the only way to determine if a driver is impaired due to cannabis.

Assemb. Jodi Giglio, a Republican representing the 2nd District on Long Island, expressed some concerns.

"The devil is in the details," she said. Giglio said the drug recognition experts would need to be trained to identify use of marijuana while driving. "That will increase taxes yet again," Giglio said.

Giglio said currently, there are 11 DREs for 2,500 square miles in Suffolk County to detect if people are driving under the influence of drugs.

Giglio said she was also concerned about the proximity of retail dispensaries near churches and schools, and was worried about "potential damage" to the younger generation; and seeing bucolic farm vistas converted to growing and distribution facilities where greenhouses would be built, with security fences, guards and bright lighting needing to be installed.

The New York State Cannabis/Marijuana Regulation & Taxation Act established an Office of Cannabis Management, to enforce a regulatory framework for medical, adult-use cannabinoid hemp. The agreement would allow people with a larger list of medical conditions to access medical marijuana, increase the number of caregivers allowed per patient, and permit home cultivation of medical cannabis for patients, a release said.

In addition, the legislation opened the door for recreational marijuana, creating a two-tier licensing structure, separating growers and processors from also owning retail stores, the release said.

The legislation creates licenses for producers and distributors, among others, and the legislation seeks to implement quality control, public health, and consumer protections.

A social and economic equity program would facilitate individuals disproportionally impacted by cannabis enforcement, including creating a goal of 50 percent of licenses to go to a minority or woman-owned business enterprise, distressed farmers, or service-disabled veterans to encourage participation in the industry, Cuomo said.

Local cities, towns and villages cannot opt out of adult-use legalization.