Cooperstown:
dispensaries, yes; lounges, not yet

Cooperstown: In on dispensaries, out on on-site “consumption lounges.”

By not voting on a measure that would find the village opting out of allowing retail marijuana dispensaries, trustees defaulted on December 20 to an automatic opt in that would allow the siting of dispensaries within village limits once New York State establishes its regulatory framework.

Separating dispensaries from on-site “consumption lounges,” the Board voted 5-2 to opt out of permitting locations within the village where smokers could legally inhale pot in a public indoor space. Trustees Hanna Bergene and Joseph Membrino cast their votes against the opt-out.

The measure originally before the Board would have required a vote to opt out of dispensaries “and/or” lounges; instead, trustees Monday night had the opportunity to cast one vote on lounges and a separate vote on dispensaries. With the Board’s unanimous consent, Mayor Ellen Tillapaugh decoupled lounges and dispensaries, creating two discrete measures for the trustees’ consideration.

No trustee seconded the Mayor’s motion to bring the dispensary measure to a full vote — tabling the measure and defaulting to the ‘opt-in’ provided under the 2021 state law should a locality take no vote to affirmatively opt-out.

Mayor Tillapaugh recommended splitting lounges from dispensaries after telling the Board that after months of public comment, she had found the question of retail dispensaries the overwhelming topic of debate among village residents, with only one letter supporting on-site lounges. The original legislation combining the two in one single resolution came from model language provided by the New York Conference of Mayors.

In a continuation of the public hearing opened on December 6, a handful of village residents addressed the Board prior to the Monday night vote. And like the December 6 hearing, some were in favor of dispensaries, others opposed.

Board members commented on the issue as they cast their votes: Mayor Tillapaugh noted a Rockefeller Institute study showing nearly 40 percent of New York localities opting out of allowing on-site consumption lounges and that Massachusetts – a state to which dispensary supporters often point as a model for New York – has no law permitting on-site lounges.

“Dispensaries are another issue,” she said. “I’ve toured the dispensaries in Great Barrington (Massachusetts) and they’re run with precision. I’m not personally opposed, but I think New York State has left us no choice but to opt out of dispensaries for now.”

“We’ve had no guidance at all from the state,” the Mayor said. “We were told in early April that we’d have regulations. They didn’t even create the Office of Cannabis Management until September 20. At its last meeting on December 16, all they did was agree to lease office space in New York City and agree to some staffing issues.”

“We’re being forced to make a decision but we have no tools,” she said. “By opting out now we can buy time until we can see the regulations and the rules. It would be easy to repeal the opt-out after that.”
While four trustees agreed with the mayor’s support for opting out of on-site consumption lounges, none expressed outright support for opting out of retail dispensaries.

“I’m a tad concerned that the state hasn’t given us the rules,” said Deputy Mayor Cynthia Falk. “I think it’s safer to allow people to buy a regulated product from a regulated dealer. Otsego, Hartwick, and Middlefield all are opting in. It’ll be all around us.”

Citing language in the state’s law legalizing adult possession of pot and setting the stage for dispensaries and lounges, Ms. Falk said she “trusts the state law allowing us to establish time, place, and manner regulations in our local zoning” and would vote in favor of opting in on dispensaries.

Fellow Board members echoed those points. Trustee MacGuire Benton said Cooperstown houses “three liquor stores and a distillery” and should not pass up the opportunity to welcome economic diversity to the village.

“I don’t buy in to the alarmist fears that dispensaries would change the character of the village,” he said.

“There is a structure in place for state regulations. We have vacant space on Main Street. There’s a wide demographic of people who ‘participate’ in this part of the new economy. I absolutely do not think that we should opt out.”

Trustee Joseph Membrino said he believes the ‘long trajectory’ of the state’s upcoming regulatory drafting process will allow Cooperstown and other localities to help craft suitable rules.
“We can join with other towns and villages to lobby the state Legislature for better regs,” he said.