Town's 1st Marijuana Advisory Committee Draws Key Stakeholders

RIVERHEAD, NY — After deciding in July not to opt out of new legislation that allows for the sale of recreational marijuana in town, Riverhead held the first meeting of its marijuana advisory committee Tuesday night.

When Gov. Andrew Cuomo signed the Marijuana Regulation and Taxation Act earlier this year, a provision gave local governments the authority to opt-out; in doing so, they also forfeit the tax revenue that would come from the sale of marijuana. The Riverhead town board voted 3 to 2 not to opt out of the measure that will allow for on-site retail dispensaries and on-site consumption location.

The first meeting included stakeholders from all corners of the community including the town, law enforcement, school districts, civic groups and the business community. Issues discussed included a map to be created designating possible "sensitive" locations, according to Riverhead Town Supervisor Yvette Aguiar; the legislation states that neither stores nor cafes or lounges can be located within 500 feet of schools or 200 feet of churches or other houses of worship.

"The first meeting went very well," Aguiar said, adding that the full committee is not yet in place.

"Critical" to the initiative, Aguiar said, is the Riverhead Community Awareness Program, a non-profit community-based organization founded in 1979 by volunteers to address substance abuse issues in school and residents.

"I am very pleased to see the makeup of the advisory group, which consists of a wide-ranging community representation," Aguiar said.

There is a great deal of work, legal interpretation, and town code revisions to be done, she said. "Once the project is competed and reviewed, Councilmen Rothwell will present the Marijuana Advisory Committee findings at a work session in the near future. Another session will be announced very shortly. However, in the meantime, I encourage everyone to take part in these import discussions," she said.

Kelly Miloski, community prevention specialist with the Riverhead CAP, said she thought the first meeting was "very productive."

A good portion of the meeting was spent identifying schools, parks, treatment centers, houses of worship, beaches, day-care centers, libraries and community centers, because the legislation states the marijuana establishments cannot be in close proximity to those places, Milowski said. "We don't want to overlook anything," she said.

No potential locations for the businesses have yet been identified, she said.

Of the board's decision not to opt out of the legislation, Miloski said: "It's really up to the community about whether they want marijuana or not and the survey indicated that the majority wanted it."

The May results of a survey put out to residents indicated that 73 percent of the 495 people who responded supported marijuana sale in Riverhead and 61 percent supported on-site cannabis in cafes or lounges.

A total of 37 percent supported cannabis retail locations downtown, with 22 percent voting for locations on Route 58, 10 percent in industrial areas, and 8 percent in "other." A total of 24 percent voted for none of the above.Of those who voted for cannabis in cafes or lounges, 40 percent wanted to see them downtown, with 12 percent on Route 58, 8 percent in other and 5 percent in industrial areas and 33 percent voting for none of the above.

CAP's focus, Miloski said, "is making sure we are preventing and reducing youth access to marijuana. We really feel consensus can be found among community stakeholders — guidelines that allow for adult consumption with best practices to reduce youth access."

She and Aguiar agreed that the process is just beginning, with many meetings to come.

New York State's cannabis control board has only just begun organizing itself, Miloski said; state guidelines are still to come. But the Riverhead marijuana advisory group wanted to begin talking and organizing. "It's very collaborative and diverse from the business, town and prevention perspectives, which is good," she said.

Also discussed was how marijuana consumption was handled in other states and how Riverhead could be consistent with the handling of other substances including alcohol, nicotine and tobacco, Miloski said.

Although about 15 members of the public attended, including marijuana stakeholders, they were there to listen, with few questions, Miloski said.

Rothwell said he thought the meeting was "excellent" with a broad spectrum of stakeholders, including residents from every corner of the town.

Of the mapping system, Rothwell said it is important to note that while some may think the retail and lounge locations might be located downtown on Main Street, there are churches, schools, and parks downtown, which might eliminate sites as the town committee develops "red zones" where no establishments could be located.

"It's not our goal to eliminate, but we have to maintain our protective zones," Rothwell said.

The Long Island Science Center and Long Island Aquarium also have educational components, with buses of children coming and going, he said.

The committee will also discuss how far the marijuana establishments should be from parks, he said.

Also, Rothwell said, representatives of the Riverhead Central School District pointed out that while the state legislation mandates marijuana businesses be sited 500 feet from schools, the school district's "drug-free zones" are actually 1,000 feet, so local law can be drafted to match that guideline.

Bob Kern, president of the Riverhead Chamber of Commerce and Town Councilman-elect said although it is very early on in the process, he thought the meeting was informative and well-thought out. "The way the town i going about this is absolutely the right way — by engaging stakeholders," he said.

Southold officials will host a public hearing next week regarding the potential opting out of allowing adult use cannabis retail dispensaries and on-site consumption sites in town.

The public hearing will be held at Town Hall on December 14 at 4:31 p.m.

Southold Town Supervisor Scott Russell said a special meeting of the town board will also be held on December 28, to continue the hearing and give the public ample opportunity to comment on whether or not Southold should opt out of allowing the sales and consumption sites in Southold.

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

The villages of Westhampton Beach, Southampton and Quogue have opted out, as have East Hampton Village and East Hampton Town.

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 are able to opt out of allowing the recreational use cannabis retail dispensaries or on-site consumption licenses by passing a local law by Dec. 31 or nine months after the effective date of the legislation. They cannot opt out of adult-use legalization.