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Town Board moves closer to finalizing regulations on marijuana retail and on-site consumption establishments

Riverhead Town officials are hoping to finalize regulations on marijuana, such as where retail and on-site consumption establishments can be located.

The board plans to hold a public hearing on the proposed regulations. Its next meeting where it could set the hearing date is Wednesday.

The state Office of Cannabis Management recently said it would issue 150 conditional licenses statewide for adult-use retail of marijuana, with Long Island slated to receive 20.

“We’re at that point where licenses are now being administered in the state,” said Councilman Ken Rothwell at Thursday’s Town Board work session.

“We have to change the rules now,” he said, adding that the town’s regulations should be more restrictive than the state’s regulations.

The state last year allowed for adult recreational consumption, as well as the retail sale of marijuana. The state also allowed municipalities to opt out of the recreational use and retail sale of marijuana. 

Mr. Rothwell and Supervisor Yvette Aguiar both voted against a measure to opt out of the recreational use and retail sale of marijuana, but majority of the board did not. 

Mr. Rothwell also was appointed to lead a committee tasked with locating what areas to allow or not allow marijuana sales in the town. 

In legalizing marijuana, the state allowed municipalities to determine “time, place and manner” for its use.

Deputy Town Attorney Anne Marie Prudenti worked with the committee and on Thursday, asked the board if there were any changes they sought before the plan is subject to a public hearing. Board members raised no objections.

The town’s draft regulations on cannabis went before code revision committee earlier this summer.

Ms. Prudenti said the changes recommended by the committee prevents two marijuana retail or consumption locations from being within 2,500 feet of each other. A change in the draft also says no retail or on-site consumption establishment can be located within 500 feet of a place of worship.

“The code revision had no issues with any other aspects and just recommended that I appear once again [and] get clarification from the Town Board on those issues,” Ms. Prudenti said.

Ms. Aguiar expressed concern that the state would impose its own regulations regarding marijuana similar to alcohol. She said she spoke to an attorney who is a marijuana advocate who outlined that possibility.

Ms. Prudenti said “it’s uncharted waters.”

“This might be your very first legislation on the books and you may very well in a year look to amend it,” she said. “We do that all the time.”

Officials also discussed the “saturation rate” of marijuana, something Mr. Rothwell said the committee didn’t discuss much. The saturation rate refers to how many of these types of businesses will be allowed.

“We have to think longterm,” he said.

Councilmen Bob Kern and Frank Beyrodt both said they believe the market will determine how many businesses will be in the town.

“I’m not concerned about the quantity,” Mr. Kern said. “Look at restaurants that serve alcohol, the market dictates these things.”

Mr. Kern said he wasn’t sure if the 2,500 feet regulation between businesses would be necessary.

“That would be like preventing multiple restaurants serving alcohol,” Mr. Kern said, while Councilman Tim Hubbard compared it to a liquor store being unable to operate within 2,500 feet of a restaurant serving alcohol.

“I think it just prevents a strip mall of facilities,” Mr. Rothwell said.

Ms. Prudenti said that restriction could be altered down the road or eliminated from some zoning districts.

Mr. Hubbard added: “I would like to move forward on this sooner than later because with the licenses being issued, I don’t want it to be another situation where somebody comes in and applies and we don’t have something on the books.”

The draft as currently written would allow on-site consumption establishments in the following zoning districts: Business Center, Shopping Center, Destination Retail Center, Rural Corridor, Downtown Center 1, Downtown Center 2, Downtown Center 3, Hamlet Center, Rural Corridor, Village Center, Peconic River Community and Business F.

The regulations would limit the marijuana businesses within 1,000 feet of schools, libraries and daycare facilities, as well as within 500 feet of any town beach, playground, community center or children’s amusement.