GUILDERLAND – The Town of Guilderland wants residents to look into weeds.
Ailing former governor Andrew Cuomo enacted the Marijuana Regulation and Taxation Act 2021 in March.
With his signing, Cuomo legalized the recreational use of marijuana for people 21 and older in New York State – its sale will be allowed once regulations are established.
Municipalities now have until December 31 to refuse to allow dispensaries or on-site consumption licenses. Municipalities that allow sales will receive 3% of a point-of-sale retail sales tax.
“The default mechanism is that we literally don’t do anything, and December 31st comes and goes; Then we clear both the dispensary and the places where you can actually use marijuana, ”Supervisor Peter Barber said at the August 17 city council meeting.
Marijuana had been legalized in New York, so it’s no longer about being able to stop residents from buying it elsewhere and bringing it back to town to smoke, Barber said, “and I don’t think, on something like that we could just pass [the] default measurement; I think we should have a public hearing.
The city council did not set a public hearing at its August 17 meeting; it could do so at the earliest at its next meeting on September 21.
Barber then highlighted Colony’s recent marijuana legislation.
He explained that the Colony plan is to allow dispensaries but not consumption on site.
Barber said Colony proposed a law and then sought feedback from residents.
“I’d rather have it: Let’s see what people have to say, and then we’ll decide how it needs to be developed,” Barber said.
If Guilderland allowed dispensaries or on-site consumption, city council would have to decide before the end of the year where those sites would be allowed.
Colony’s legislation only “denies the licensing and establishment of cannabis consumption establishments on site within its boundaries outside the villages of Colony and Menands”. The same would be true for Guilderland and the village of Altamont, which would have to forge their own path.
Colony’s resolution to pass the marijuana law was deferred by its city council; the public hearing remained open; and nothing else has happened since the end of July.
New state law
The Marijuana Regulation and Taxation Act “draws much of its inspiration from the laws that currently regulate alcohol and tobacco,” according to the Drug Policy Alliance, a nonprofit advocacy group.
The new law allows the smoking of marjiuana anywhere tobacco is permitted to be smoked, according to the New York State Association of Counties; “However, state agencies and localities can more strictly regulate smoking in public.”
The new legislation imposes a hybrid tax, according to the Marijuana Policy Project – on dispensers for potency and consumers at the point of sale: the law “levies a tax on dispensers at 0.5 cents per milligram of THC for flowers; 0.8 cents per milligram of THC for concentrates; and 3 cents per milligram of THC for edibles.
THC, which stands for tetrahydrocannabinol, is the main psychoactive constituent of cannabis.
The new state law imposes a point-of-sale retail sales tax of 9% for the state and a local tax of 4% – 1% is withheld by the county and 3% goes to town, city and town. town or village.
Each county “is responsible for allocating the 3% among towns, cities and towns based on the proportional share of sales from dispensaries in each jurisdiction,” on a quarterly basis, according to NYSAC.
Municipalities cannot prohibit a person from cultivating marijuana for personal use – they can, however, “reasonably regulate the personal cultivation of cannabis provided that a violation of any by-law approved by a county, city, province or province city or town is only an offense and may be subject to a discretionary civil penalty of $ 200 or less, ”according to the New York State Association of Counties.
Persons 21 years of age or older are entitled to three mature marijuana plants and three immature marijuana plants, while households with more than one adult are entitled to a maximum of 12 plants – six mature plants and six immature plants.
New Yorkers can have up to five pounds of marijuana in their homes.