Southern Tier marijuana opt-out tracker

(WETM) – The deadline is approaching for New York State municipalities to opt-in or opt-out of allowing marijuana dispensaries and/or consumption sites in their jurisdiction. Several towns and villages in the Southern Tier are holding public hearings this week as they hear the deadline.

The Marijuana Regulation & Taxation Act enacted in March 2021 allows municipalities the choice until December 31. Those jurisdictions that don’t make a decision by the end of the year will automatically be opted-in.

Russell Purvis, Town Supervisor for the Town of Baldwin, said New York State did not give municipalities enough time. He wants the board to opt-out and let the people decide on the ballot next year.

“It was from April until the end of the year to determine whether you’re going to opt out or not,” said Purvis. “I felt it would be best we opt out. Once December 31 passes, then you can’t opt out. Whereas if you opt out, you can still opt in later if people decide to do that.”

Don Fischer, Town Supervisor for the Town of Horseheads, agreeing that people will have the choice.

“Either way, I believe if the public disagrees with us or agrees with us… they could get signatures to put it on the ballot next year,” said Fischer. “I’d have to refer to the attorney on something called a permissive referendum.”

According to the New York State Senate website, permissive referendum is “acts or resolutions of the town board that are subject to a referendum on petition.”

The Rockefeller Institute of Government has been monitoring the opt-out decision-making process of towns, villages, and cities across the state, and has launched newly launched the Marijuana Opt-Out Tracker to track the status of the opt-out process as it is happening. The Opt-Out Tracker monitors the activities of the municipalities’ decision-making process by reviewing local governing boards, newspaper articles, legal notices for public hearings, the passage of local laws, and submissions of local laws to the Department of State.

Southern Tier municipalities and their decisions are listed below:

Chemung County

Ashland: Opt-out for on-site consumption; opt-in for dispensaries
Baldwin: Opt-out of both as of Dec. 8
Big Flats: Opt-out of both as of Nov. 17
Catlin: Opt-out of both as of Dec. 9
Chemung (Town): Opt-out of both as of August 11, 2021
Elmira (City): Opt-in to both
Elmira (Town): Opt-out of both as of October 18, 2021
Elmira Heights: Opt-out of both as of Dec. 7
Erin: Opt-out of both as of Dec. 8
Village of Horseheads: Opt-in on dispensaries, opt-out of on-site consumption
Town of Horseheads: Opt-in to dispensaries, opt-out of on-site consumption as of Dec. 29
Southport: Opt-out of both as of September 14, 2021
Veteran: Opt-out of both as of July 16, 2021; referendum affirmed to opt-out on Nov. 2, 2021
Wellsburg: Information requested from the village

Schuyler County

Burdett (Village): Opt-out of both
Catherine (Town): Information requested from the vtown
Cayuta (Town): Opt-out of both, will hold a public vote on the law
Dix (Town): Information requested from the town
Hector (Town): Information requested from the town
Montour (Town): Information requested from the town
Montour Falls (Village): Opted-out as of Dec. 2
Odessa (Village): Opt-out of both as of Dec. 9; referendum to be held Mar. 15, 2022
Orange (Town): Information requested from the town
Reading (Town): Information requested from the town
Tyrone (Town): Opt-out of both as of Dec. 14
Watkins Glen (Village): Opt-in for on-site consumption and dispensaries on Oct. 5
- Board of Trustees decided not to opt-out but will set up guidelines through a zoning law

Steuben County

Addison (Town): Information requested from the town
Addison (Village): Information requested from the village
Almond: Information requested
Arkport: Opted-out on Dec. 21
Avoca (Town): Opt-out of both as of October 20, 2021
Avoca (Village): Opt-out of both as of September 9, 2021
Bath (Village): Opt-in to both
Bath (Town): Opt-out on Nov. 8 for both on-site consumption and dispensaries
Bradford (Town): Information requested from the town
Cameron (Town): Public hearing held November 10, 2021
Campbell: Opt-out of both as of November 8, 2021
Canisteo (Village): Opt-out of both on Nov. 16, 2021
Canisteo (Town): Opt-out of both as of November 8, 2021
Caton: Opted-out on Dec. 12
Cohocton (Village): Information requested from the village
Cohocton (Town): Information requested from the town
Corning (City): Opt-in to dispensaries, opt-out of on-site consumption on Dec. 6
Corning (Town): Plan to vote at December 20, 2021 Board Meeting
Dansville: Information requested
Erwin: Opted-out of both on Dec. 14, 2021
Fremont: Information requested
Greenwood: Information requested
Hammondsport: Opt-out of both as of November 9, 2021
Hartsville: Opted out of both; correspondance with Town
Hornby: Opted-in to both; correspondance with Town
Hornell: Opted-out of both on Dec. 20
Hornellsville: Opted-out of both on Dec. 21
Howard: Information requested
Jasper: Information requested
Lindley: Opted-in to dispensaries, opted out of on-site consumption on Dec. 15
North Hornell: Opt-out of both
Painted Post: Information requested from the village
Prattsburgh: Information requested
Pulteney: Opted-in to both; correspondance with Town
Rathbone: Opted-in to both; correspondance with Town
Riverside: Opt-out of both as of October 12, 2021
Savona: Public hearing held Dec. 20
South Corning: Opted-out of both on Dec. 7
Thurston: Public hearing held November 10, 2021
Troupsburg: Opted-out of both as of Dec. 29
Tuscarora: Opt-out of both as of November 4, 2021
Urbana: Opt-out of both as of October 19, 2021
Wayland (Town):Information requested from the town
Wayland (Village): Opted-out of both on Oct. 13
Wayne: Information requested
West Union: Information requested
Wheeler: Opt-out of both
Woodhull: Information requested

Tioga County

Barton (Town) – Public hearing scheduled for Dec. 29
Berkshire (Town) – Opt-in for on-site consumption and dispensaries
Candor (Town) – Opt-in for both; correspondance with Town
Candor (Village) – No official decision
Newark Valley (Town) – Opt-out of both as of Oct. 19
Newark Valley (Village) – Opt-in to dispensaries, opt-out of on-site consumption; option for permissive referendum for on-site consumption
Nichols (Town) – Opt-out of both on Aug. 23
Nichols (Village) – Opt-out on Oct. 14
Owego (Town) – Public hearing scheduled for Dec. 7
Owego (Village) – Public hearing held Nov. 15
Richford (Town) – Opt-out on June 14
Spencer (Town) – Opt-out on Sept. 14
Spencer (Village) – Opt-out of both on Dec. 6
Tioga (Town) – Opt-out on Nov. 9
Waverly (Village) – Opt-out of on-site consumption on Nov. 9, voting on dispensaries on Dec. 14