Tupper Lake Village Board Sets Cannabis Hearing Date | News, sports, jobs


Cannabis Bud (Photo courtesy of Wikimedia Commons)

TUPPER LAKE – The village council here has scheduled a public hearing on their plans to turn down cannabis sales ahead of their annual village organizing meeting on December 6th at 6:15 pm

The board of directors plans not to allow cannabis dispensaries and on-site consumption licenses for companies in the village – at least initially. Village Mayor Paul Maroun said he would like to collect the tax revenue from opening these stores, but he is concerned about how the state will regulate these stores and he feared that some regulations could place a greater burden on village authorities such as the police.

The board of directors must, if they so wish, take action soon to deregister. The deadline for deregistration is December 31st. Otherwise the village will be registered automatically. This upcoming hearing will be the only opportunity for the public to express their opinion on the matter before the Board votes.

The city council has chosen to allow cannabis companies and has agreed not to take any action at its last meeting.

Reasons for opting out

When the state legalized cannabis for adult recreational use earlier this year, it gave local governments the ability to ban pharmacies and issue licenses for local use. But there was one caveat. Governments that opt ​​out can always opt in later, but once they sign in, they cannot opt ​​out again.

Maroun and several other village officers saw this as their only opportunity to circumvent possible cannabis business rules that they do not like.

The state established the Office of Cannabis Management to regulate and implement the new law, but has not yet decided on the rules and regulations for introducing cannabis business licenses. Maroun said they will likely not be released until well into next year.

Follow the rules

At the village’s November meeting, the board passed a resolution signaling that it would like to unsubscribe, but later found it needed to pass local law and hold public hearings first.

Trustee Ron LaScala was out of town during that meeting but said afterwards the board had acted too quickly in making resolutions and said they had to do things “the right way.”

He felt that this discussion was deliberately held out of town as he is the only board member who wanted to join in from the start. LaScala, who did not run for re-election this year, attended his final village board meeting last week.

“We are unable to say no to companies” he said.

However, he doubts the board’s plans to opt out will last.

“Do I think this will stop legal marijuana sales in Tupper Lake? No,” LaScala said. “In Tupper Lake’s history, they couldn’t even stop the illegal marijuana sales.”

Permissive referendum

The municipalities forego this by enacting a local law.

This local law, like all local laws, is subject to a permissive referendum, which means that 45 days after the law is passed, townspeople have enough time to collect enough signatures – 10% of the village’s voters who voted in the last gubernatorial election have cast for the governor – to force a public vote.

Tupper Lakers cast 1,804 ballots in the 2018 gubernatorial election, requiring 180 signatures to force a referendum.

If no application is made within 45 days, it automatically becomes law. A board member may also propose a resolution to bring the matter to public vote.

Tax income

Tupper Lake City Council opted to attend a session earlier this month by deciding not to take any action.

Trustee Jason McClain said the city did “Nothing to lose” by logging in. If anyone wanted to open a pharmacy it would probably be in the village where most of the stores are.

“If we register and they say ‘yes’, they will automatically receive 50% of our tax revenue.” McClain added.

Freeman Klopott, a spokesman for the state’s cannabis management bureau, confirmed this, adding that local governments can also reach another agreement on how tax revenue is shared.

“If both the city and the village agree, the income will be distributed between the city and the village on the basis of an agreed distribution agreement. If there is no agreement, it will be divided equally. “ he wrote in an email.

A village that has chosen not to allow cannabis dispensaries would not be able to collect any tax revenue from the sale of cannabis. Sales are taxed at 13% in New York. Of that, 9% goes to the state, 3% to the local government where the sale took place, and 1% to the county where that local government is located.


The public hearing of the village will take place on December 6th at 6.15 p.m. in the village office at Parkstrasse 53

The proposed local law, “Local de-registration of cannabis retail pharmacies and licenses for on-site consumption” can be viewed in the village office from Monday to Friday from 8 a.m. to 4 p.m.

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