Office of Cannabis Management Opens Web-Portal for Localities to File Repeals of Decisions to Opt-Out of Hosting Retail Dispensaries or On-Site Consumption Licensees

The New York State Office of Cannabis Management (OCM) today announced the opening of a web-based portal through which localities that have repealed their local laws seeking to opt-out of adult-use cannabis sales at either retail dispensaries or on-site consumption lounges, or both, can file an update with the Cannabis Control Board.

The Marijuana Regulation & Taxation Act (MRTA) enacted in March 2021, gave cities, towns, and villages until December 31, 2021, to pass a local law that makes a request to the state Cannabis Control Board to opt their jurisdiction out of hosting retail and/or on-site cannabis consumption licensees. In November, the OCM opened a web-based portal to make it easier for localities to file their requests with the Board.

Today’s action updates the portal to include an option to inform the Board that the local law seeking to opt-out has been repealed. Media reports show that already some localities have taken action to repeal their local laws that sought to opt-out of one or both types of adult-use cannabis sales. The Cannabis Control Board will use the information provided as it approves retail licenses for the adult-use cannabis industry.

“As we continue to develop and define the cannabis market, New Yorkers will have more information at their disposable to discern how and when their local communities will elect to participate in cannabis sales.  The opening of the portal, allowing localities to update the Board on changes in their local laws, is an important step in maintaining accurate information and growing a healthy cannabis industry across our state,” said Cannabis Control Board Chair Tremaine Wright.  “It makes sense that localities will want to have the full slate of opportunities available to them in their hometowns, and we look forward to welcoming more localities to host retail dispensaries or on-site consumption licensees.”

“As we continue to advance the Seeding Opportunity Initiative and develop the full adult-use industry, it’s exciting to see some localities already deciding to repeal their opt-out laws to participate more fully in the equitable market that we’re building,” said OCM Executive Director Chris Alexander. “With the opening of today’s portal, we’re making it easier for localities to keep the Board updated and as we continue to develop the market, we expect localities will continue to repeal their decisions and allow more, and a wider variety of, adult-use cannabis sales.”

The Office is also releasing an updated list of local laws seeking to opt-out of one or both types of adult-use cannabis sales reflecting data received from localities through March 25, with little overall change. Currently, based on the information filed by localities, about 11% of cities and 37% of all municipalities have sought to opt out of all cannabis sales, meaning New Yorkers will have widely accessible access to sales.