[Adopted 8-10-2021 by L.L. No. 1-2021]
This article shall be known as "Local law to opt out of allowing
cannabis retail dispensaries and on-site consumption sites as authorized
under Cannabis Law Article 4."
It is the intent of this article to opt out of allowing cannabis
retail dispensaries and on-site cannabis consumption sites in the
Town of Islip that would otherwise be allowed under Cannabis Law Article
4.
This article is adopted pursuant to Cannabis Law § 131,
which expressly authorizes the Town Board to adopt a local law requesting
the Cannabis Control Board to prohibit the establishment of cannabis
retail dispensary licenses and/or on-site consumption licenses within
the jurisdiction of the Town and is subject to a permissive referendum,
the procedure of which is governed by Municipal Home Rule Law § 24.
The Town Board of the Town of Islip hereby opts out of allowing
cannabis retail dispensaries and on-site cannabis consumption sites
from being established and operated within the Town's jurisdiction.
If any clause, sentence, paragraph, subdivision, or part of
this article or the application thereof to any person, firm or corporation,
or circumstance, shall be adjusted by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision,
or part of this article, or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.
This article is subject to a referendum on petition in accordance
with Cannabis Law § 131 and the procedure outlined in Municipal
Home Rule Law § 24.
This article shall take effect immediately upon filing with
the Secretary of State.
[Adopted 12-13-2022 by L.L. No. 7-2022]
For purposes of this chapter, the following definitions shall
apply:
CANNABIS
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. It does not include
hemp, cannabinoid hemp or hemp extract as defined by this section
or any drug products approved by the federal Food and Drug Administration.
CANNABIS CONSUMER
A person 21 years of age or older acting in accordance with
the provisions of the MRTA.
CANNABIS CONTROL BOARD
The New York State Cannabis Control Board (CCB) created pursuant
to Article two of the MRTA.
CANNABIS CULTIVATION
The use of land and/or buildings for planting, tending, improving,
harvesting, processing and packaging, the preparation and maintenance
of soil and other media and promoting the growth of cannabis by a
cannabis cultivator, microbusiness, research facility, craft marijuana
cultivator cooperative, or other entity licensed by the Commission
for cannabis cultivation.
CULTIVATOR LICENSE:
License that authorizes the growing, planting, cloning, harvesting,
drying, curing, grading and trimming of cannabis.
DELIVERY LICENSE
License that authorizes the delivery of cannabis by licensees
independent of another adult-use cannabis license.
DISTRIBUTOR LICENSE
License that authorizes the acquisition, possession, distribution
and sale of cannabis from the licensed premises of a licensed adult-use
cultivator, processor, adult-use cooperative; microbusiness, or registered
organization authorized pursuant to New York State Cannabis Law to
sell adult-use cannabis, to duly licensed retail dispensaries and
on-site consumption sites. Distribution is not allowed to deliver
to any consumer.
LICENSE
Written authorization as provided under this chapter permitting
persons to engage in a specified activity authorized pursuant to MRTA.
LICENSEE
An individual or an entity who has been granted a license
under MRTA.
MICROBUSINESS LICENSE
License that authorizes the limited cultivation, processing,
distribution, delivery and dispensing of licensee's own adult-use
marijuana and derived products. A microbusiness licensee cannot hold
any interest in any other license. The size, scope and eligibility
criteria shall comply with any regulation by the state.
NURSERY LICENSE
License that authorizes the production, sale and distribution
of clones, immature plants, seeds and agricultural products used for
cultivation.
OFFICE OF CANNABIS MANAGEMENT
The New York State Office of Cannabis Management (OCM) created
pursuant to the provisions of the MRTA. The OCM is governed by the
CCB to oversee and implement the MRTA. The OCM is responsible for
licensing and development of regulations outlining how and when businesses
can participate in the cannabis industry.
PERSONAL HOME CULTIVATION
The growing, cloning, harvesting, drying, curing, grading,
and trimming of cannabis plants for medical use that is subject to
Cannabis Law Article 3 and Penal Law Article 222.
PROCESSOR LICENSE
License that authorizes the acquisition, possession, processing
and sale of cannabis from a cultivator to another processor or to
a distributor. Processing includes blending, extracting, infusing,
packaging, labeling, branding and preparing cannabis products.
RETAIL DISPENSARY LICENSE
License that authorizes the acquisition, possession, sale
and delivery of cannabis from the licensed premises of the dispensary
to cannabis consumer.
RETAIL SALE
To solicit or receive an order for, to keep or expose for
sale, and to keep with intent to sell, made by any licensed person,
whether principal, proprietor, agent, or employee, of any cannabis,
cannabis product, cannabinoid hemp or hemp extract product to a cannabis
consumer for any purpose other than resale.
RETAILER
Any person who sells at retail any cannabis product to cannabis
consumers.
Any establishment engaged in the retail sale and/or on-site
consumption of marijuana within the Town of Islip is prohibited.
A. No building, structure or premises approved or used as a medical
marijuana dispensary pursuant to Article 33 of the New York Public
Health Law may be used as a marijuana retail store, dispensary, or
on-site consumption site for recreational marijuana use.
B. No building, structure or premises within any use district in the
Town of Islip may be used as a marijuana retail store, dispensary,
or on-site consumption site for the sale, distribution or consumption
of marijuana or marijuana products for nonmedical use. The sale, distribution
or offer for consumption of marijuana and/or marijuana products as
prohibited in this section shall be prohibited regardless of whether
products in addition to marijuana products are offered for sale, distribution,
or consumption at the building, structure or premises and regardless
of the amount of marijuana or marijuana products available for sale,
distribution or offer for consumption at the building, structure or
premises in comparison to other products offered for sale, use or
consumption at the building, structure or premises.
Facilities authorized and licensed by the State of New York
for cultivation, processing and/or distribution of cannabis may be
permitted by the Town in accordance with the provisions of this section;
provided, that:
A. Any business duly licensed by the State of New York to conduct legal adult use marijuana operations, as defined by state law, may operate within the Industrial One or Industrial Two Zoning Districts (see Chapter
68) so long as: i) the entity maintains it state license in good standing; and ii) the entity otherwise remains in full compliance with the laws and regulations established by the State of New York and the applicable agency, authority, and/or department governing the licensed activity, as may be amended iii) the use is not within 1/4 mile of another cannabis cultivation, production, processing or distribution use.
B. A licensed cannabis premises shall not be located within 1,000 feet
of a public or private school, residential use or zone, or house of
worship. The 1,000 feet shall be measured as the closest distance
between property lines without regard to intervening structures.
C. The licensed cannabis premises must be licensed by the State of New
York and must be in compliance, at all times, with New York State
Fire and Building Code, and all other applicable laws and rules of
the state.
D. All fencing associated with a licensed cannabis premises must be in compliance with §
68-406.
E. All lighting associated with a licensed cannabis premises must be in compliance with Article
LII, Exterior Lighting Standards, of Chapter
68.
F. The use of the licensed cannabis premises must be in full compliance
with the ordinances and regulations of the Town of Islip at all times.
G. Licensees must maintain documentation demonstrating that all required
federal, state, and local taxes, fees, fines, and penalties have been
paid and that there are no past due obligations.
H. All licensees shall provide a sufficient odor absorbing ventilation
and exhaust system so that odor generated inside licensed cannabis
premises that is distinctive to its operation is not detected outside
the licensed cannabis premises, anywhere on the adjacent property
or public rights-of-way, on or about any exterior or interior common
area walkways, hallways, breezeways, foyers, lobby areas, or any other
areas available for common use by other commercial tenants or members
of the public, or within any other unit located within the same building
as the cannabis premises in a manner to constitute a nuisance.
I. No activities associated with the production, processing, transport,
or sales of marijuana may be permitted as a home business or accessory
use.
Any person found in violation of this article shall be deemed
to have committed an offense against this chapter and shall be subject
to civil penalties not exceeding $2,000. Each day such violation is
committed or permitted to continue shall constitute a separate offense
and shall be punishable as such hereunder.
If any provision of this article or application thereof to any
person or circumstances is held invalid, such invalidity shall not
affect other provisions or applications of this article that can be
given effect without the invalid provision or application, and to
this end the provisions of this article are declared severable.
This local law shall take effect immediately upon filing in
the Office of the Secretary of the State of New York.