ORCHARD PARK, N.Y. — Under New York State law, municipalities had until the end of 2021 to either opt in or opt out of adult-use marijuana dispensaries.
Now that the deadline has passed, those municipalities that chose to opt in can use zoning laws and other reasonable restriction to regulate cannabis operations, which is what the Town of Orchard Park did on Wednesday night.
After postponing the vote last month, the town board officially passed a new zoning law that would change and limit where cannabis dispensaries can operate in town. Under this new law, dispensaries will operate in the "Industrial Zone," also known as the "I Zone," and will be limited to a total of five lots in town.
When the time came, no member of the community took to the microphone to speak up in opposition or in support of the change prior to the board's vote.
Supervisor Gene Majchrzak says this decision was a good compromise.
"Our 'I Zone' is different," Majchrzak said. "There are a number of open lots that retail stores could be, and there's also most likely open office space where they could be."
But not everyone on the board agrees with this decision, nor the way it came to be.
Councilmember Conor Flynn has been very vocal about his opposition to the process and believes, ultimately, that the town and taxpayers will end up paying for this decision in the end.
"No files were submitted, and no records were submitted to show that we actually did the sufficient study that is required by the law to pass a zoning change. It could also be challenged with the Cannabis Control Board," Flynn said.
"After the December 31 decision date last year where we did not opt out of cannabis dispensaries, now that that date has passed, we can't now pass a law that makes locating a cannabis dispensary in town unreasonably impracticable, which is exactly what this law does."
While this change is effective immediately, the state has not yet given the green light for dispensaries to open. Some say that could happen later this year, most likely, early 2023.
The New York State Office of Cannabis Management states, "The Office will develop rules and regulations for the adult-use industry. Please check back soon."
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