Jamestown City Council

The opt out law was filed under new business and will likely be tabled in order for it to be discussed at December’s council work sessions. A local law requires a public hearing before it can be brought forth for a vote.

Councilmember Brent Sheldon had stated at the October 4th work session that a lot of neighboring communities have voted to opt-out of allowing cannabis dispensaries and on-site consumption locations. He said the state has not come out with promised regulations yet which makes it difficult for municipalities to decide what to do, “Also, with part of the law if you don’t opt out now, you’re opting in and you can’t opt out later and that just does not make sense to me. If you have problems in the future, you should be able to opt out. So I think this is something we need to discuss as a full body, as a full council, look into it more, see if there’s things happening at the state level. The new Governor has appointed several people to the Commission but the rules still have not been promulgated at this point.”

In regards to the city budget, Council members are expected to bring budget amendments to the floor as part of the approval process. Finance Chair Kim Ecklund stated at the budget public hearing on November 19th that only the general fund will be voted on tonight.

That said, a resolution was pre-filed to approve $3.7 million in lost revenue from the American Rescue Plan Act Local Recovery funds for the 2022 Capital Improvement Program.

Under the City Charter, Council must approve a budget by December 1st or the proposed Executive Budget automatically goes into effect for the next year.

A work session will be held at 7pm in the Third Floor Conference Room with the voting session taking place at 7:30pm in Council Chambers on the second floor. Both are open to the public and will be streamed online.

WRFA’s Julia Ciesla-Hanley spoke with Jamestown Mayor Eddie Sundquist about election results, the proposed 2022 budget, and marijuana.

Eddie Sundquist

Under New York State’s Marijuana Regulation and Taxation Act (“MRTA”), local municipalities have the opportunity to opt out of allowing retail dispensaries and on-site consumption licensees to operate within their jurisdiction. To do so, the town, village, or city’s legislative body must adopt a local law to ‘opt out’ by December 31, 2021. In August alone, the boards of three local townships have voted to opt out: Ellicott (on Aug. 16), Carroll (on Aug. 11), and Busti (on Aug. 2).

But even with the town board’s approval to ‘opt out’, the local law is still subject to a permissive referendum governed by New York State Municipal Home Rule Law. State law provides that the proposed local law takes effect 45 days after its adoption, unless a valid petition requesting a permissive referendum is filed with the municipality’s clerk within that 45-day period. Any individual who was qualified and registered to vote in the last general election can file a petition calling for the permissive referendum. In order to force a public vote on the local law, the petition must be signed and authenticated by at least 10 percent of the total number of votes cast for governor during the last gubernatorial election in the respective municipality.

The last gubernatorial election was in 2018. In the town of Ellicott 3,455 people voted for governor that year, meaning a minimum of 346 signatures would have to be collected to force a public vote. Meanwhile, the total number of votes for governor in the Town of Busti was 3,319, meaning 332 signatures would have to be collected. In the Town of Carroll the number was 1,445, meaning 145 signatures would have to be collected.

Besides any qualified local resident having the opportunity to submit a petition, any member of the town board can also present a resolution within 45 days of the local laws passage, calling for a public vote on the matter. If a majority of the town board approves the proposed resolution, a public vote would then take place.

In addition to townships having the ability to ‘opt out’, each village in the township also has the choice to opt out or allow dispensaries to open, regardless of what their township does. For example, even though the Town of Ellicott opted out, both the village of Celoron and the Village of Falconer would also have to pass their own Opt Out local law, in order to disallow marijuana dispensaries from operating in their respective jurisdictions.

Clymer is another township in Chautauqua County that has decided to ‘opt out’ of allowing marijuana dispensaries from opening. But officials made that decision in Mid-June, meaning the 45-day window to file for a permissive referendum has already passed.

Carrubba said the BPU also has a payment program for those impacted by COVID. She added the City’s Department of Development and Chautauqua Opportunities also have resources available for those needing assistance.

Carrubba emphasized that if people do nothing that the problem for them is not going to go away, “You will probably find yourself evicted when Housing Court gets rid of the backlog or you will find yourself with utilities shut off which will make your apartment or home uninhabitable. So I would encourage anyone with a financial difficulty to do something now and not to wait. Because, again, it will be first come, first serve. When the resources are depleted, there won’t be funds available.”

City Council also received a report on the City’s plan to discontinue screening for marijuana for all employees except those who hold a CDL license. Employees with a CDL license would still be screened for marijuana as it is a federal requirements under the Department of Transportation.

The City’s drug and alcohol policy would still not permit city employees to work when under the influence of drugs or alcohol. Police Chief Tim Jackson did indicate he was working on a policy for the Police Department as under Federal Law, officers of law are not permitted to carry a handgun and be under the influence of marijuana.

WRFA’s Jason Sample talks with Chautauqua County executive PJ Wendel to get an update on COVID 19, as well as discussing Marijuana Legalization in New York State and the likelihood of him running unopposed for a full 4-year term in November.

PJ Wendel

The New York State Senate and Assembly Tuesday night gave their endorsements to a bill to legalize marijuana. On Wednesday morning, Gov. Andrew Cuomo signed the bill, at which point possession of marijuana under three ounces immediately became fully legalized.

According to the Albany Times-Union, Retail sales should start in about 18 months after the government system is set up to oversee the budding industry.

The bill’s passage follows years of effort from activists and some lawmakers to rally support and forge a deal with enough votes to pass both chambers. But it was only after the Democrats gained control of both chambers in 2019 that legalization gained serious momentum.

During Tuesday’s debate on legalization, Republicans raised several concerns, including provisions for people convicted of crimes could get licenses to sell marijuana it the future, about liability for serving marijuana to people below 21, about police enforcement of impaired driving laws and other topics.

The sponsors countered that they were not encouraging anyone to go out and smoke marijuana, but also said that legalization was long overdue because of the countless lives ruined due to the decriminalization of it.

In the end, the vote was nearly down party lines, with all Republicans in both chambers voting against, along with handful of Democrats joining opposition to legalization. Among those voting against legalization were Chautauqua County representatives George Borrello (R -Irving) and Andy Goodell (Republican – Ellicott). Borrello’s full statement on the matter is provided at the end of this story.

For those who apply for licenses, priority will be given to women and people of color. Records will be expunged for marijuana-related offences, and money will be reinvested in communities that have been most harmed by the decades-long war on drugs.

Additionally, counties will not be allowed to opt out of allowing adult-use cannabis retail dispensaries or on-site consumption licenses. However, Cities, towns, and villages will be allowed to do so, leaving the final decision up to each municipality, rather than at the county level.

The opt-out will take effect if a local government passes a local law by December 31, or nine months after the effective date of the legislation.

The historic legislation is expected to raise $350 million annually in revenue.  Additionally, there is the potential for this new industry to create 30,000 to 60,000 new jobs across the State.

STATEMENT FROM SEN. GEORGE BORRELLO

“In the last two years, New York State under one-party-rule has pursued a politically-driven approach to lawmaking that is more concerned with appeasing special interests and earning progressive credentials than creating responsible, effective policies for our state. Regrettably, we’ve gone down that road again with a poorly thought out measure legalizing marijuana for recreational use that was negotiated behind closed doors and without the input of key stakeholders. I believe we’ve made a profound mistake that will have serious economic and social costs for our state and residents.  

“Right now, 14 other states, plus the District of Columbia, have legalized adult-use marijuana. Several of those, such as Colorado and Washington, have laws that have been in place for nearly a decade. There is ample data and evidence from those states that raises numerous red flags. We know that following legalization, states have seen concerning spikes in a number of problems, including marijuana-involved car accidents, marijuana use among teens and rates of mental illness. Figures like these are among the reasons why I remain opposed to taking this step.  

“However, while I am personally opposed to legalization, if New York is determined to head down this path, then I believe we have a responsibility to craft a law that mitigates the risks to New Yorkers to the greatest extent possible, with no loopholes or gray areas. Regrettably, this bill doesn’t meet that standard.  

“While we have made great strides in reducing drunk driving through strict laws and strong enforcement, statistics from other states tell us that the presence of impaired drivers on our roadways will increase significantly with legalization.  However, this legislation doesn’t contain stronger penalties or funding to address that reality. In fact, this measure will make it harder for police to enforce marijuana-related DWI’s with the new limits this bill places on law enforcement using the odor of marijuana emanating from a vehicle to pursue a criminal charge.  

“Also noticeably absent is a direct appropriation to begin increasing the number of Drug Recognition Experts (DREs) among the ranks of our police officers as I have been advocating for several weeks. DREs are highly trained police officers who use a 12-step evaluation process to identify the type of drug impacting a driver and are currently our best resource when it comes to combatting marijuana-impaired driving. With only 343 DREs out of 55,000 police officers statewide, any commitment to truly protecting New Yorkers from this looming threat will require investing tens of millions of dollars towards DRE training.  

“I am also concerned at the potential implications of awarding cannabis licenses to individuals with past felony convictions. New York State law bars individuals with felony convictions from receiving liquor licenses, which is a requirement that was implemented to protect both the state and the public. In failing to hold marijuana licensees to the same standard, we are raising the risk of potential problems and liability on the part of the state.  

“While public polls may show support for legalizing recreational marijuana, it’s our job to ensure that it’s done responsibly – to tune out the noise and focus on good policy, while rejecting misguided ideas that only serve to placate special interests. The litmus test for any legislation should be whether it protects New Yorkers, first and foremost. This bill fails on that count. That is why I voted ‘no’.” 

Rankin wanted to know specifically, if the county were given the option, would health officials take a position on whether or not to allow cannabis products to be sold in the county.

Health director Christine Schuyler said the board hasn’t discussed the issue yet, but that could change in the coming months, should the state move forward with legalization.

“I don’t know of conversations since county executive Wendel took office [in 2020], I know there had been conversations in the past about that. I do think it’s something that has to be revisited. For most counties, I believe, financially it will be very difficult to opt out of that but I do believe it is worth a discussion,” Schuyler said.

Schuyler also suggested to Rankin that a conversation in the county legislature also take place as more details on the proposal are rolled out.

We did ask County Executive PJ Wendel in November his position on the issue, following his winning the special election for county executive. Wendel said that despite the promise of additional revenue through new businesses opening in the county, there’s no guarantee it will be the major economic windfall touted by some legalization advocates.

“Dangling dollar signs and saying, ‘if you do this, look at the windfall.’ We don’t know that. We don’t know what the windfall is. Will we see an increase [in revenue] and will we see sales? Yes. But I guess the question we have is, if someone is smoking marijuana and it’s now legal, are we concerned whether it’s coming from a legal dispensary or or somewhere else? Those are concerns we’re going to be faced with,” Wendel said.

Wendel was also concerned about the public safety issues that could arise, particularly with driving while under the influence. And he also feels the public health aspects of marijuana use need to be looked at further.

Specific details of the marijuana legalization have not been finalized. But two years ago when the issue was brought forward, state legislators had said they wanted to give counties the option to opt out of allowing it to be sold locally if they wished. The possession of cannabis would remain legal regardless.

Cuomo said he plans to visit Massachusetts, Illinois and either California or Colorado — three states that have “different versions” of legalized recreational marijuana programs. He said the goal is to find out what’s worked for them, what hasn’t, and what they’ve learned in the process.

New York is currently pursuing “regional coordination” with other Northeast states when it comes to marijuana legalization. Cuomo said New York wants to work with Massachusetts, Rhode Island, Connecticut, New Jersey and Pennsylvania to coordinate tax rates, minimum age purchases, sale limits, and other program aspects in order to minimize competition.

Eleven states and Washington, D.C. have legalized recreational marijuana so far, and public support on the issue in New York and across the control continues to grow.

The law changes an unlawful possession of marijuana statute into a violation that’s similar to a traffic ticket, instead of a criminal charge.

\Under the new law, the maximum penalty is $50 for possessing less than one ounce of pot and a maximum of $200 for between one and two ounces.

The law also requires that records tied to low-level marijuana cases be automatically sealed and creates a process for expungement. It will take effect in 30 days.

Advocates for legal marijuana acknowledge the law is a step forward but also say it falls short of addressing a web of negative consequences that come with keeping marijuana illegal.

The State Capitol, Albany NY.

ALBANY – The State Assembly plans to vote this week on legislation authorizing driver’s licenses for immigrants who entered the U.S. illegally.

The so-called “green light” legislation is expected to pass the Assembly but continues to face challenges in the Senate, where Democrats hold a smaller majority.

Last month WRFA talked with Republican Assemblyman Andy Goodell about the legislation, who said he is opposed to the bill because it could create several problems – including challenges for DMV officials trying to rely on and authentic birth certificates and other documents from dozens other countries. In addition, he said there is the concern about motor-voter registration – with federal law allowing anyone who applies for a drivers license to also have the ability to register to vote.

For Goodell, the issue is nothing more than a political effort by downstate lawmakers in New York City.

“The vast majority of the people who live and work in New York City use public transportation – subways and buses. So why the push for drivers licenses? The answer is the illegal immigrants have legal relatives. The number of legal immigrants in New York City is much, much higher than it is in Upstate. So the political reason they’re pushing for drivers licenses for illegal immigrants is to curry votes from they’re legal relatives in New York City who want to see more opportunities for their illegal relatives,” Goodell said.

Lawmakers are also expected to consider bills that would renew and possibly strengthen tenant protections in the New York City area. The law governing rent control and rent stabilization expires June 15, and many Democrats say they want to not only extend the law but also add new protections for renters, possibly statewide.

Both issues are among the more contentious items on the agenda ahead of the Legislature’s June 19 adjournment.

It’s unlikely either the Assembly or the Senate will be able to enact another high-priority measure – the legalization of cannabis – prior to the end of the session.