NYS Senate Bill proposes prohibition on stores within a quarter mile of an opt-out region. A new bill, S5637, introduced by Senator Martins, aims to address an “oversight” in the current cannabis law by restricting the placement of cannabis dispensaries near municipalities that have chosen not to permit the sale of marijuana.
The primary provision of S5637 would prohibit the opening of cannabis storefronts within a quarter-mile of any town, city, or village that has “opted out” of allowing cannabis sales. This means that municipalities that have decided against permitting the retail sale of cannabis products will be protected from dispensaries setting up shop just across their borders.
The current Marijuana Regulation and Taxation Act (MRTA) allows local governments to opt out of allowing retail cannabis sales within their boundaries. However, the law does not specifically restrict dispensaries from being located near the borders of these municipalities. As a result, cannabis stores have been opening just a few feet away from communities that have opted out, causing concerns among residents in those areas who do not want retail cannabis nearby.
For example, while dispensaries are prohibited near schools and religious institutions in the MRTA, there are no restrictions on the placement of dispensaries near municipal borders, leading to what some consider a loophole in the law. This gap has allowed cannabis stores to establish themselves very close to the boundaries of communities that voted against allowing retail cannabis sales.
By prohibiting dispensaries from being located within a quarter mile of an opt-out municipality, S5637 seeks to provide greater respect for local control, ensuring that communities that have chosen not to permit cannabis sales do not have dispensaries set up right on their doorstep. The bill aims to close the unintended loophole and give municipalities more control over the retail sale of cannabis in their areas. If passed, the law would take effect immediately, ensuring that dispensaries cannot be established near opt-out areas right away.
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