{"id":49886,"date":"2021-09-10T10:36:31","date_gmt":"2021-09-10T18:36:31","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/09\/10\/new-york-senator-wants-to-give-cities-more-time-to-ban-marijuana-businesses-as-regulations-develop\/"},"modified":"2021-09-10T13:46:04","modified_gmt":"2021-09-10T21:46:04","slug":"new-york-senator-wants-to-give-cities-more-time-to-ban-marijuana-businesses-as-regulations-develop","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/09\/10\/new-york-senator-wants-to-give-cities-more-time-to-ban-marijuana-businesses-as-regulations-develop\/","title":{"rendered":"New York Senator Wants To Give Cities More Time To Ban Marijuana Businesses As Regulations Develop"},"content":{"rendered":"<p><img loading=\"lazy\" src=\"https:\/\/cannabiscultivatornews.com\/home\/wp-content\/uploads\/2021\/09\/MM_Bill_Tracker_V5_blank-22.jpg\" width=\"1500\" height=\"1500\"> <\/p>\n<p>A New York senator wants to give local jurisdictions another year to decide whether they will opt out of allowing marijuana businesses to operate in their area\u2014a proposal that advocates say is unnecessary and would create undue complications for the industry.<\/p>\n<p>As it stands under <a href=\"https:\/\/www.marijuanamoment.net\/new-york-governor-signs-marijuana-legalization-bill-hours-after-lawmakers-put-it-on-his-desk\/\" target=\"_blank\" rel=\"noopener\">the adult-use legalization law<\/a> that former Gov. Andrew Cuomo (D) signed in March, municipalities must determine whether they will opt out of permitting marijuana retailers or social consumption sites by December 31, 2021. Sen. George Borrello (R) introduced legislation on Friday that would push that deadline back one year.<\/p>\n<p>The senator argues that the delay is necessary because Cuomo failed to make key regulatory appointments to oversee the market in a timely manner before resigning amid a sexual harassment scandal. His replacement, newly inaugurated Gov. Kathy Hochul (D), has since nominated two of four regulatory seats she\u2019s been tasked with filling, <a href=\"https:\/\/www.marijuanamoment.net\/new-york-lawmakers-approve-governors-key-marijuana-regulatory-appointees-to-jumpstart-legalization\/\" target=\"_blank\" rel=\"noopener\">both of whom were confirmed by the Senate<\/a> last week.<\/p>\n<p>One will lead the state\u2019s Office of Cannabis Management, while the other will chair the Cannabis Control Board. Hochul\u2019s remaining two appointments to the board will not be subject to Senate confirmation.<\/p>\n<p>The legislature was also tasked with making two appointments for the board. Assembly Speaker Carl Heastie (D) and Senate Majority Leader Andrea Stewart-Cousins (D) <a href=\"https:\/\/nyassembly.gov\/Press\/?sec=story&amp;story=99037\" target=\"_blank\" rel=\"noopener\">announced<\/a> their <a href=\"https:\/\/www.nysenate.gov\/newsroom\/press-releases\/former-rosendale-senator-jen-metzger-appointed-cannabis-control-board\" target=\"_blank\" rel=\"noopener\">picks<\/a> this week.<\/p>\n<p>Borrello isn\u2019t satisfied with the latest developments, however. He said that local officials who he\u2019s met with have expressed \u201cfrustration at the lack of information available on what a legalized market will look like\u201d and need more time.<\/p>\n<p>\u201cLocal elected officials are being asked to make important decisions with zero information,\u201d he <a href=\"https:\/\/www.nysenate.gov\/newsroom\/press-releases\/george-m-borrello\/senator-borrello-proposes-extending-marijuana-laws-local\" target=\"_blank\" rel=\"noopener\">said<\/a> in a press release. \u201cIt is unfair of the state to maintain the original deadline when implementation of the law is at least six months behind.\u201d<\/p>\n<p>Even if the governor and legislature immediately confirmed the necessary appointments, the senator said \u201cthe timeline that was projected in March is no longer feasible.\u201d<\/p>\n<p>\u201cNo one benefits by forcing municipalities to make a hasty decision when they still have so many questions about how sales will be regulated,\u201d Borrello said. \u201cExtending the opt-out period is a common sense step. I urge my colleagues on both sides of the aisle to support this <a href=\"https:\/\/www.nysenate.gov\/legislation\/bills\/2021\/s7369\" target=\"_blank\" rel=\"noopener\">effort<\/a> to give our communities added time to make these important decisions.\u201d<\/p>\n<p><strong>\u2014<br \/>\n<strong>Marijuana Moment is already <a href=\"https:\/\/www.marijuanamoment.net\/bills\/\" target=\"_blank\" rel=\"noopener\">tracking more than 1,200 cannabis, psychedelics and drug policy bills<\/a> in state legislatures and Congress this year. <a href=\"https:\/\/www.patreon.com\/marijuanamoment\" target=\"_blank\" rel=\"noopener\">Patreon supporters<\/a> pledging at least $25\/month get access to our interactive maps, charts and hearing calendar so they don\u2019t miss any developments.<\/strong><br \/>\n<a href=\"https:\/\/www.marijuanamoment.net\/bills\/\" target=\"_blank\" rel=\"noopener\"><img loading=\"lazy\" class=\"alignnone wp-image-9128 size-medium\" src=\"https:\/\/cannabiscultivatornews.com\/home\/wp-content\/uploads\/2021\/09\/MM_Bill_Tracker_V5_blank-21.jpg\" alt=\"\" width=\"300\" height=\"300\" \/><\/a><br \/>\n<strong>Learn more about our <a href=\"https:\/\/www.marijuanamoment.net\/bills\/\" target=\"_blank\" rel=\"noopener\">marijuana bill tracker<\/a> and become a <a href=\"https:\/\/www.patreon.com\/marijuanamoment\/\" target=\"_blank\" rel=\"noopener\">supporter on Patreon<\/a> to get access.<br \/>\n\u2014<\/strong><\/strong><\/p>\n<p>Advocates aren\u2019t buying the argument, however. And while two more regulatory appointments still need to be made, they say that local lawmakers have clear guidance written into the Marijuana Regulation &amp; Taxation Act (MRTA) that should effectively guide their decision-making on whether to accept cannabis businesses by the initial December 31 deadline.<\/p>\n<p>\u201cThe MRTA is clear about the parameters and principles that will guide New York\u2019s adult-use program,\u201d Melissa Moore, New York state director of the Drug Policy Alliance, told Marijuana Moment. \u201cThere is no reason to further delay being able to get the program up and running and no excuse for blocking New Yorkers who want to establish cannabis-related small businesses from being able to move forward knowing their municipality will indeed permit their business to operate.\u201d<\/p>\n<p>\u201cAs with other businesses, jurisdictions still have a great degree of control over the details of business operation\u2014such as time, place, and manner,\u201d she added. \u201cLegalization of adult-use cannabis has broad support across the state, with one recent poll even showing that people who were opposed to legalization responded that they would likely visit a dispensary following legalization.\u201d<\/p>\n<blockquote>\n<p>\u201cIt\u2019s time to move New York forward into the new era of marijuana justice without further snags and excuses.\u201d<\/p>\n<\/blockquote>\n<p>Additionally, lawmakers aren\u2019t even expected to meet again before December 31, meaning that Borrello\u2019s legislation is not likely to have a chance to be enacted in time, though it could theoretically advance later and give localities more time to decide whether to ban marijuana retailers and consumption facilities after the current deadline lapses.<\/p>\n<p>Hochul has made clear that standing up New York\u2019s marijuana market is a priority, and she\u2019s been <a href=\"https:\/\/www.marijuanamoment.net\/getting-new-york-marijuana-legalization-rolling-is-a-priority-new-governors-office-says\/\" target=\"_blank\" rel=\"noopener\">working with leaders on how to move the process forward<\/a>.<\/p>\n<p>The governor said at a press conference recently that getting the cannabis industry moving is \u201cvery important to me,\u201d adding that naming regulators are among the \u201clong-overdue decisions pertaining to establishing cannabis in the state of New York.\u201d<\/p>\n<p>Under New York\u2019s legalization law, the independent Office of Cannabis Management within the New York State Liquor Authority was established and will be responsible for regulating the recreational cannabis market as well as the existing medical marijuana and hemp programs. It will be overseen by a five-member Cannabis Control Board.<\/p>\n<p>As it stands, adults 21 and older can possess up to three ounces of cannabis or 24 grams of concentrates in New York\u2014and they can also\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/cops-cant-arrest-you-for-smoking-marijuana-on-sidewalks-nypd-says-in-post-legalization-memo\/\" target=\"_blank\" rel=\"noopener\">smoke marijuana in public anywhere tobacco can be smoked<\/a>\u2014but there aren\u2019t any shops open for business yet.<\/p>\n<p>The recent appointments are welcome news for advocates who had grown frustrated with Cuomo for slow-walking the appointments. There were serious disagreements between the former administration and lawmakers about who to appoint, but they\u2019re encouraged by the new governor\u2019s moves that signal her administration will be proactive in getting the regulatory infrastructure set up in a timely manner.<\/p>\n<p>Adding pressure to get the market up and running is the fact that regulators in neighboring New Jersey\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/new-jersey-regulators-approve-rules-for-adult-use-marijuana-market-nearly-one-year-after-legalization-vote\/\" target=\"_blank\" rel=\"noopener\">recently released rules for its adult-use marijuana program<\/a>, which is being implemented after voters approved a legalization referendum last year.<\/p>\n<p>When it comes to Hochul\u2019s overall stance on cannabis policy, she was a consistent advocate for the prior administration\u2019s legalization plan and said the reform was \u201clong overdue\u201d for New York. She also defended Cuomo\u2019s proposal in the face of criticism of various provisions from some advocates, but she told Marijuana Moment in January that\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/top-new-york-official-responds-to-marijuana-advocates-criticism-of-governors-legalization-plan\/\" target=\"_blank\" rel=\"noopener\">there was room for amendments<\/a>, many of which were made to address activists\u2019 concerns.<\/p>\n<p>While serving as lieutenant governor, Hochul said in an\u00a0<a href=\"https:\/\/cheddar.com\/media\/lt-gov-hochul-ny-legalize-cannabis-need-money\" target=\"_blank\" rel=\"noopener\">interview<\/a>\u00a0with Cheddar that she wants to ensure that the emerging industry is equitable and that \u201ccommunities of color will understand exactly what\u2019s involved in applying for these licenses as soon as they\u2019re available.\u201d<\/p>\n<blockquote class=\"wp-embedded-content\" data-secret=\"ivK6tgQYoB\">\n<p><a href=\"https:\/\/www.marijuanamoment.net\/california-smokable-hemp-bill-heads-to-governor-while-measure-on-cannabis-use-in-hospitals-advances\/\" target=\"_blank\" rel=\"nofollow noopener\">California Smokable Hemp Bill Heads To Governor, While Measure On Cannabis Use In Hospitals Advances<\/a><\/p>\n<\/blockquote>\n<p \/>\n<p><em>Photo courtesy of <a href=\"https:\/\/www.flickr.com\/photos\/weedporndaily\/37719768225\/\" target=\"_blank\" rel=\"noopener\">WeedPornDaily<\/a>.<\/em><\/p>\n<p>The post <a rel=\"nofollow noopener\" href=\"https:\/\/www.marijuanamoment.net\/new-york-senator-wants-to-give-cities-more-time-to-ban-marijuana-businesses-as-regulations-develop\/\" target=\"_blank\">New York Senator Wants To Give Cities More Time To Ban Marijuana Businesses As Regulations Develop<\/a> appeared first on <a rel=\"nofollow noopener\" href=\"https:\/\/www.marijuanamoment.net\" target=\"_blank\">Marijuana Moment<\/a>.<\/p>\n<p>&#013;<br \/>\n&#013;<br \/>\nRead More: <a href=\"https:\/\/www.marijuanamoment.net\/new-york-senator-wants-to-give-cities-more-time-to-ban-marijuana-businesses-as-regulations-develop\/\" target=\"_blank\" rel=\"nofollow noopener\">New York Senator Wants To Give Cities More Time To Ban Marijuana Businesses As Regulations Develop<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A New York senator wants to give local jurisdictions another year to decide whether they will opt out of allowing marijuana businesses to operate in their area\u2014a proposal that advocates say is unnecessary and would create undue complications for the industry. As it stands under the adult-use legalization law that<span class=\"more-link\"><a href=\"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/09\/10\/new-york-senator-wants-to-give-cities-more-time-to-ban-marijuana-businesses-as-regulations-develop\/\">Continue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":49887,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/49886"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=49886"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/49886\/revisions"}],"predecessor-version":[{"id":49888,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/49886\/revisions\/49888"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/49887"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=49886"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=49886"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=49886"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}