"Opting Out" of Dispensaries and Consumption Sites and Permissive Referendums Under New York’s Marijuana Regulation and Taxation Act (MRTA)

The Marijuana Regulation and Taxation Act (“MRTA”) provides towns, villages, and cities an opportunity to opt out of allowing retail dispensaries and on-site consumption licensees to operate within the municipality’s jurisdiction. To do so, the town, village, or city legislative body must adopt a local law by December 31, 2021, subject to a permissive referendum governed by Municipal Home Rule Law (“MHRL”) §24, requesting that the Cannabis Control Board (“CCB”) prohibit the establishment of...
By: Harris Beach PLLC

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