Westchester Village To Opt Out Of Legalized Cannabis

In March, New York joined 15 other states and the District of Columbia in legalizing the adult use of recreational cannabis with the enactment of the Marijuana and Regulation Taxation act.

Under that law, it created a regulated and taxed cannabis industry while also addressing social and economic justice issues related to the sale and use of marijuana, though municipalities have the option to opt out if they choose to do so.

On Tuesday, Oct. 5, Bronxville Mayor Mary Marvin said that the Village Board of Trustee unanimously chose to add a new chapter to local legislation that would include opting out of the licensing and establishment of retail cannabis dispensaries and onsite cannabis consumption establishments within the village.

“As a corollary, the Board of Trustees also requested the Cannabis Control Board to prohibit the establishment of retail dispensary licenses and on-site consumption licenses in Bronxville,” she said.

“Local governments have broad authority to adopt local laws protecting the order, conduct, safety, health, and well-being of persons or property within their jurisdiction,” Marvin continued.

“As a result of this authority, local smoking restrictions such we enacted, that prohibit smoking on municipal streets, sidewalks, parks, and others shared public and recreational spaces are consistent with home rule powers and supported by state law.”

Despite initially opting out, Marvin made note that if a community does so before Dec. 31, 2021, they will still have the option to opt back in in the future if the public opinion changes.

“However, if a community does not opt-out by Dec. 31, 2021, cannabis shops are allowed in one’s community in perpetuity.”

Marvin went on to note that courts have “consistently found that there is no right to smoke - the act of smoking as a freedom of expression has been rejected unanimously by courts.”

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