Town of Walworth, NY Chapter 72 Cannabis

[HISTORY: Adopted by the Town Board of the Town of Walworth 12-27-2021 by L.L. No. 1-2022. Amendments noted where applicable.]

§ 72-1 Authority.

The adoption of this chapter is in accordance with Cannabis Law § 131, which expressly provides that the licensure and establishment of adult use cannabis retail dispensaries and on-site consumption sites shall not be applicable where a municipality adopts a local law requesting that the Cannabis Control Board prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town.

§ 72-2 Title and purpose.

This chapter shall be known as and may be cited as "Local Law No. 1 of 2022 to Opt Out of Cannabis On-Site Consumption Sites"; and its purpose is to opt out of allowing on-site consumption sites in Town.

§ 72-3 Legislative intent and findings.

New York State, through its Cannabis Control Board, has committed to implementing regulations governing the licensure and other related details for adult use cannabis retail dispensaries and on-site consumption sites, which are governed by newly implemented cannabis laws in New York. However, New York has failed to develop or provide such regulations at this time. Such regulations will provide context and insight into the details of licensure and operation of these establishments. While the regulation and impacts of retail dispensaries may be reasonably anticipated by considering, for example, the similar impacts of liquor/alcohol sales, there are fewer corollaries by which to assess on-site consumption sites, particularly given that they are likely to include on-site smoking of a controlled substance and given that the Clean Indoor Air Act otherwise prohibits indoor smoking in public spaces. The Town of Walworth thus feels that it would be premature to permit on-site consumption sites in Town without first observing and understanding the regulations which will govern them. As such, the Walworth Town Board hereby finds and hereby determines that, pursuant to Cannabis Law § 131, it shall opt out of allowing cannabis on-site consumption sites that would otherwise be allowed pursuant to NY cannabis law at this time.

§ 72-4 Local opt-out.

The Walworth Town Board hereby requests that the Cannabis Control Board prohibit in the Town of Walworth the establishment of on-site consumption licenses otherwise allowed by the NY Cannabis Law, thereby opting out of allowing on-site cannabis consumption sites from being established and operated within the Town's jurisdiction.