[HISTORY: Adopted by the Town Board of the Town of Wilton as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-3-2021 by L.L. No. 2-2021]
On March 31, 2021, Governor Cuomo signed into law the Marijuana Regulation and Taxation Act (MRTA), codified as Chapter 7‐A, Cannabis Law. Among other things, the Cannabis Law authorizes the retail sale of adult-use cannabis to consumers pursuant to a retail dispensary license and/or on-site consumption license. However, § 131 of the Cannabis Law provides that a municipality may opt out of establishment of such retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the municipality by adopting a local law, subject to permissive referendum, no later than December 31, 2021. It is the intent of this article to implement this option in order to prevent the establishment and operation of adult-use cannabis retail dispensaries and/or on-site consumption sites within the Town.
This article is adopted pursuant to Cannabis Law § 131 and Municipal Home Rule Law § 10.
The Wilton Town Board hereby opts out of licensing and establishing cannabis retail dispensaries and/or cannabis on-site consumption establishments within its boundaries and requests the Cannabis Control Board to prohibit the establishment of such retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town.
The invalidity of any clause, sentence, paragraph or provision of this article shall not invalidate any other clause, sentence, paragraph or part hereof.
All local laws or ordinances or parts of local laws or ordinances in conflict with any part of this article are hereby repealed.
This article is subject to permissive referendum and shall not become operative or effective unless and until 45 days have elapsed after its adoption and no petition protesting against this article has been filed with the Town Clerk or, if such a petition is filed, a proposition for the approval of this article has been submitted and received the affirmative vote required for approval pursuant to Municipal Home Rule Law § 24. If no petition is timely filed or if a petition is filed and this article is approved, it shall take effect upon filing by the office of the New York Secretary of State.[1]
[1]
Editor's Note: No valid petition for referendum was filed.