[HISTORY: Adopted by the Town Board of the Town of Holland
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-13-2021 by L.L. No. 3-2021]
This article shall be known, cited and referred to as the "Town
of Holland Adult Use Cannabis Retail Dispensaries and/or On-Site Consumption
License Opt-Out."
The purpose of this article is to enable the Town of Holland
to opt-out of the provisions relating to the Cannabis Control Board's
authority to issue retail dispensary licenses and/or on-site consumption
licenses for cannabis pursuant to Chapter 7-A of the Consolidated
Laws of the State of New York within the jurisdiction of the Town
of Holland.
The Town of Holland hereby requests that the Cannabis Control
Board prohibit the establishment of any retail dispensary licenses
and/or on-site consumption licenses as provided for in Article 4 of
Chapter 7-A of the Consolidated Laws of the State of New York within
the jurisdiction of the Town of Holland.
This article is subject to permissive referendum as provided
under the Municipal Home Rule Law of the State of New York.
This article shall take effect upon expiration of the time period
for filing a petition for permissive referendum pursuant to Municipal
Home Rule Law and filing with the Secretary of State.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
It is the purpose and intent of this article to govern the uses
and activities associated with medical marijuana and residential marijuana
and ensure that such uses and activities all operate in a safe manner
that does not endanger the public welfare.
This section provides regulations associated with the growing,
cultivating, and processing marijuana in a residential dwelling unit.
Marijuana may not be grown, cultivated, or processed in a residential
unit except in compliance with this section. New York State regulations,
current or future, shall be followed.
A.
Marijuana
may be grown, cultivated, or processed only within the primary residence
of the person growing, cultivating, or processing marijuana. Marijuana
may not be grown, cultivated, or processed in the yard, outbuildings,
or other area outside of such primary residence except as provided
for in this section.
B.
Medical
marijuana may be grown, cultivated, or processed within a primary
residence only by a primary caregiver for his or her patients, or
by a patient for himself or herself. A primary caregiver may not lawfully
grow, cultivate, or process medical marijuana for a patient who does
not reside at the primary residence where the growing, cultivating,
or processing occurs.
C.
The growing,
cultivation, and processing of marijuana plants shall be limited to
the following areas within the primary residence:
(1)
Within
a detached single-family dwelling unit, marijuana may be grown, cultivated,
or processed only within a secure, defined, contiguous area not to
exceed 150 square feet.
(2)
Within
any residential dwelling unit other than a detached single-family
dwelling unit, marijuana may be grown, cultivated, or processed only
within a secure, defined, contiguous area not to exceed 100 square
feet.
(3)
Marijuana
shall not be grown, cultivated, or processed within the common area
or limited common area of any real property that is devoted to a residential
use.
(4)
Marijuana
may be grown, cultivated, or processed in an outbuilding or a garage
associated with a residential structure, provided that the area is
secure, defined, and limited in size in accordance with the provisions
above. The use of compressed gas solvents, such as propane or butane,
to process or extract home cultivated cannabis, will not be allowed.
D.
For purposes
of this section, the term "secure" shall be defined as an area within
the primary residence that is able to be locked and is accessible
only to the patient, primary caregiver or adult 21 years of age or
older. Secure premises shall be located or partitioned off to prevent
access by children, visitors, passersby, thieves, or anyone else not
licensed to possess medical marijuana or whom is not 21 years of age
or older.
E.
The growing,
cultivation, and processing of marijuana shall not be perceptible
from the exterior of the primary residence, including, but not limited
to:
(1)
Common
visual observation.
(2)
Light
pollution, glare, or brightness that disturbs the repose of another.
(3)
Undue
vehicular or foot traffic, including unusually heavy parking in front
of the primary residence; and
(4)
The
smell or odor of marijuana growing within the primary residence shall
not be capable of being detected by a person with a normal sense of
smell from any adjoining lot, building unit, parcel or tract of land
not owned by the owner of the primary residence, or from any adjoining
public right-of-way.
F.
The space
within the primary residence where marijuana is grown, cultivated,
or processed shall meet all applicable building, zoning, and other
technical code requirements adopted in the State of New York, County
of Erie, and Town of Holland, NY.
G.
Home-cultivated
cannabis cannot be sold to anyone and is only intended for personal
use.
