NYS Marijuana Regulation and Taxation Act

Town and Village Considerations for the NYS Marijuana Regulation and Taxation Act

General Information 

 

The goal of this web page is to provide information and resources to the Lake Placid community regarding New York State's Marijuana Regulation and Taxation Act (MRTA), and to outline the authority that municipalites have regarding the Act.  Please check this page as updates would be made as more infomation becomes available.  

 

In March of 2021 the New York State Marijuana Regulation and Taxation Act (MRTA) was adopted.  This bill legalizes adult recreational use, and regulates different aspects of medicinal and adult-use cannabis and hemp with 0.03% THC or more.   While municipalities are not able to opt-out of legalized marijuana possession and/or use by adults over the age of 21, they could decide whether they would allow retail dispensaries and/or on-site consumption lounges within their municipality limit.

 

Municipalities that allow retail dispensaries and/or on-site consumption lounges within their municipality limit could gain revenue through taxation.  The MRTA enables the state to collect excise and sales taxes at dispensaries and on-site consumption lounges.  A portion of these taxes woud be paid to municipalities allowing the operation of either in their area.  

 

Retail Dispensaries and On-Site Consumption Lounges 

 

The MRTA enables municipalities to decide whether to allow retail dispensaries and/or on-site consumption lounges within their municipality limit.  The Town of North Elba and the Village of Lake Placid each reach their own decision.  In addition, the Town and Village could make one decision about retail dispensaries and a different decision about on-site consumption lounges.  

 

 
 Retail Dispensary
 On-site Consumption Lounge
 Town
 Yes or No
 Yes or No

 Village

 Yes or No

 Yes or No

 

 

The first decision facing the Town and Village is whether to allow retail dispensaries and/or on-site consumption lounges to operate.  If either the Town or the Village decide to prohibit retail dispensaries and/or on-site consumption lounges local laws must be adopted no later than December 31, 2021.

 

  • No action by the Town and/or Village means they they opt-in.  In other words, they support the presence of retail dispensaries and/or on-site consumption lounges.  Once a Town or Village has "opted-in" they cannot opt-out, or not allow, in the future.  

 

  • Alternatively, a Town and/or Village can "opt-out", that is adopt local laws that do not allow the presence of retail dispensaries and/or on-site consumption lounges.  The local laws would need to be in place by December 31, 2021. At a later date, at any time, the Town and/or Village may reverse its decision and allow either the retail dispensaries and/or on-site consumption lounges, that is "opt-in". 

 

 

Public Information Session 

 

On Wednesday, September 22, 2021 the Town and Village held a joint virutal public information session on whether to allow (opt-in) or prohibit (opt-out) retail dispensaries and/or on-site consumption lounges.  Sara Brancatella, Legislative Director and Counsel for the Association of Towns, delivered a short presentation.  After the presentation the floor was open for questions and comments from the community. 

 

The public information was recorded and that link will be posted here as soon as it is avaiable.  In addition, the presentation materials will also be available on this web page.  

 

The Town and Village are accepting public comment for ten (10) days following the information session.  Emails can be sent to Haley Breen, the Community Development Director, at hbreen@northelba.org.  

 

 

Links:
NY Association of Towns - A Guide to NYS Marijuan Regulation and Taxation Act (MRTA)

A document written by Sara Bracantella, Legislative Director and Counsel for he Association of Towns, covering the act and outlining the decisions facing towns and villages. 

NYS MRTA Town and Village Public Information Session, Sept 29 2021

The recording of the public information session hosted by the Town and Village regarding New York's Marijuana Regulation and Taxation Act (MRTA)

© 2021 Village Of Lake Placid Village, Inc., Essex County