[HISTORY: Adopted by the Town Board of the Town of Islip
as indicated in article histories. Amendments noted where applicable.]
[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.[1]
[1]
Editor's Note: No such petition was filed.
This article shall take effect immediately upon filing with
the Secretary of State.
[Adopted 12-13-2022 by L.L. No. 7-2022]
A.Â
By
Local Law No. 1-2021 of 2021,[1] the Town opted out of allowing retail dispensaries and
on-site consumption establishments of cannabis and related products
as authorized by Chapter 92 of the Laws of 2021, known as the Marijuana
Regulation and Taxation Act (MRTA), from locating and operating within
the Town boundaries. Although the Town of Islip exercised its right
to opt out of retail dispensary licenses and/or on-site consumption,
such opt-out does not apply to the other licenses available to cannabis
businesses, such as cultivation, processing, distribution and deliveries.
Nothing in this article/chapter is intended to promote or condone
the sale, consumption or possession in violation of applicable law.
The provisions of this article/chapter are in addition to all other
provisions of the Town Code, including zoning, land use, and development
regulations applicable to the underlying zoning district, together
with all permits, licenses, approval of which may be required pursuant
to Town Code, state, local, and such other applicable laws.
B.Â
The
purpose of this article is to establish standards to govern state-licensed
facilities permitted to manufacture, cultivate, process, or distribute
marijuana as well as medical marijuana cooperatives in accordance
with the provisions of the laws of New York State, and all other applicable
rules promulgated by the State of New York.
For purposes of this chapter, the following definitions shall
apply:
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.
A person 21 years of age or older acting in accordance with
the provisions of the MRTA.
The New York State Cannabis Control Board (CCB) created pursuant
to Article two of the MRTA.
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.
License that authorizes the growing, planting, cloning, harvesting,
drying, curing, grading and trimming of cannabis.
License that authorizes the delivery of cannabis by licensees
independent of another adult-use cannabis 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.
Written authorization as provided under this chapter permitting
persons to engage in a specified activity authorized pursuant to MRTA.
An individual or an entity who has been granted a license
under MRTA.
Premises to which a valid license has been issued by New
York State Office of Cannabis Management.
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.
License that authorizes the production, sale and distribution
of clones, immature plants, seeds and agricultural products used for
cultivation.
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.
License that authorizes the consumption of cannabis within
a licensed area.
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.
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.
License that authorizes the acquisition, possession, sale
and delivery of cannabis from the licensed premises of the dispensary
to cannabis consumer.
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.
Any person who sells at retail any cannabis product to cannabis
consumers.
A.Â
The Town may require such information as may be necessary to ensure
full compliance with the provisions of state and local laws. Failure
to provide required information may be the basis for the disapproval
of the required Town permits, licenses, and/or approvals.
B.Â
The Town is authorized to perform routine inspections to ensure compliance
with Cannabis Law, related regulations, building codes, fire, health,
safety, and other applicable regulations.
C.Â
In the event that a court with jurisdiction declares some or all
of the state or local laws or regulations governing cannabis-related
uses invalid, then the Town may, upon advice of the Town attorney,
suspend the acceptance of applications or the renewal of permits pending
the resolution of the legal issue in question.
D.Â
Any cannabis-related use or activity operating within the Town of
Islip without a valid state license is an illegal use and must be
terminated.
Any establishment engaged in the retail sale and/or on-site
consumption of marijuana within the Town of Islip is prohibited.
A.Â
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.Â
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.Â
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.Â
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.Â
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.
F.Â
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.Â
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.Â
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.Â
No activities associated with the production, processing, transport,
or sales of marijuana may be permitted as a home business or accessory
use.
A.Â
Individuals 21 or older may plant, cultivate, harvest, dry, process
and possess up to three mature cannabis plants and three immature
cannabis plants at their private residence at any one time.
B.Â
Home cultivated cannabis cannot be sold to anyone and is only intended
for personal use. The use of compressed gas solvents, such as propane
or butane, to process or extract home cultivated cannabis, is prohibited.
C.Â
Cannabis must be securely stored by reasonable steps designed so
that the plants are not accessible to any person under 21.
D.Â
No more than six mature and six immature cannabis plants may be cultivated
within any private residence, regardless of the number of individuals
21 or older who reside there. Individuals may lawfully possess up
to five pounds of cannabis in their private residence or on the grounds
of their private residence, so long as they take reasonable steps
designed to ensure that the cannabis is in a secured place not accessible
to any person under 21.
E.Â
Personal cultivation of cannabis pursuant to NYS Penal Law § 222.15
is prohibited until the NYS Office of Cannabis Management issues regulations
for home cultivation and storage.
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.
