Southern Tier marijuana opt-out tracker

Local News

(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

Tompkins County

  • Caroline: Voting Dec. 30, 2021
  • Cayuga Heights: Opt-in to both as of April, 21, 2021
  • Danby: Public Hearing held Dec. 22
  • Dryden (Village): Opt-out of both as of October 20, 2021
  • Enfield: Opt-in to both as of Dec. 8
  • Freeville: Opt-out of both as of Dec. 7
  • Groton (Village): Opt-out of both as of August 16, 2021
  • Groton (Town): Opt-out of both as of August 16, 2021
  • Ithaca (City): Opt-in
  • Ithaca (Town): Opt-in to both
  • Lansing (Village): Opt-in to on-site consumption only as of November 15, 2021
  • Lansing (Town): Opt-out of both as of Dec. 15
  • Newfield: Opt-in to both
  • Trumansburg: Opt-in to both as of October 18, 2021
  • Ulysses: Opt-in to both (per Ithaca Times)

18 News has reached out to several municipalities for updated laws.

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