North Castle Mulls Regulating Recreational Marijuana Sales
North Castle officials are preparing a local law that would tightly regulate the sale of recreational marijuana should the state government pass a measure legalizing its use.
The Town Board is considering amending Chapter 140 of its zoning code that would also include regulating the sale of e-cigarettes and related products. The chapter currently contains the same restrictions pertaining to cabarets and adult entertainment.
Councilwoman Barbara DiGiacinto, who helped initiate board discussion on the issue, said there has been enough concern in the community regarding the legalization of marijuana for the board to consider exercising control over its sale. Although currently legal in just 10 states, it accounts for more than $10 billion in business annually in the United States, she said.
“This is important,” DiGiacinto said. “This is our town. I’m looking at all three hamlets. Banksville doesn’t have much of a business district but it’s near the Connecticut state line and I think it can be very attractive to have a vape shop and recreational marijuana and just become a mecca and that’s exactly what happened in the ‘60s when the drinking age in New York State was 18 but Connecticut was 21.”
At its meeting this Wednesday evening, the Town Board is expected to formally receive the draft legislation and is likely to schedule a date for a public hearing.
Under the proposed local law, marijuana and e-cigarette retailers must obtain a permit to sell those products. The products must not be sold in a building with residences or in a residential district.
It also would establish distance requirements from other establishments, zoning districts and various types of facilities within the town. A shop selling marijuana or e-cigarettes could not be within 500 feet of another pot or electronic cigarette retailer, it must be at least 500 feet from a residential district and be at least that distance from a church, community center, funeral home, school, day care center, hospital, alcoholism or drug treatment center, counseling or psychiatric treatment facility and public park.
North Castle’s draft law does not propose regulating medicinal marijuana, which requires a prescription.
Supervisor Michael Schiliro said with the likelihood that the state legislature approves the legalization of recreational marijuana sometime this session, the board would like to have its regulations in place when the state law takes effect.
“If it passes through the state, we’re not writing our own law,” Schiliro said. “We’re saying we at least want to regulate where distribution spots are for this.”
People in the community are likely to propose additional ideas during the public hearing, he added.
Councilman Stephen D’Angelo said depending on what the final version of a state law may include, the town might need to amend its legislation.
“Let’s not try to get every little detail in this law and take six months like some things,” D’Angelo said. “This is a good basic start and as things go on, as the state passes laws and the county passes laws, you move forward and make the adjustments as we need.”
Discussions are taking place in municipalities in the area and across the state about whether to regulate recreational marijuana sales, and if so, how to go about it. Last week, the New Castle Town Board similarly raised the possibility of incorporating recreational marijuana sale regulations into its law that places restrictions on vape shops. That measure was approved in late 2017.
However, officials said they would hold off until the state passes its legislation.
Meanwhile, in a more drastic step on Jan. 8, the Town of North Hempstead on Long Island voted to ban all marijuana sales within its borders.
Martin has more than 30 years experience covering local news in Westchester and Putnam counties, including a frequent focus on zoning and planning issues. He has been editor-in-chief of The Examiner since its inception in 2007. Read more from Martin’s editor-author bio here. Read Martin’s archived work here: https://www.theexaminernews.com/author/martin-wilbur2007/
