New law proposal to close unlicensed cannabis shops in Chemung County
CHEMUNG COUNTY, N.Y. (WETM) – A Chemung County legislative committee will vote on a new law aimed at shutting down unlicensed cannabis shops. If approved by the county “Multi-Services Committee” on Monday night, the law will go to a full vote by the County Legislature next month.
The “Chemung County Unlicensed Cannabis Regulation Law” says it “applies to any ‘person’ selling cannabis, cannabis products or any product marketed or labeled as such in a ‘place of business,’ without obtaining the appropriate registration, license or permit therefor, or engaging in an ‘indirect retail sale’ in a ‘place of business.”
In April, New York Governor Kathy Hochul announced new efforts to shut down unlicensed marijuana shops. They included giving local authorities the power to immediately padlock stores caught selling illicit cannabis.
“The governor, in her last budget, approved local municipalities to enforce illegal marijuana sales,” said Chemung County Executive Chris Moss. “Basically, they’ve been called sticker shops in the area. All throughout upstate New York, and I believe throughout the entire state, they’ve been a problem. So, this is going to allow us to the authority to padlock the businesses, fine the businesses, hold hearings and so forth,” Moss said.
“The county attorney drafted a local law. I believe it’s been reviewed by the legislative attorney as well. We hope it makes it through multi-services tonight and goes to the full legislature.”
The Chemung County Sheriff’s Office will be the lead agency in charge of closing down illegal cannabis storefronts. The Sheriff’s Office, along with the Chemung County Public health Director and the County Code Officer will have the authority to:
“Issue a notice of violation and order to cease unlicensed activity, seize any cannabis, cannabis product or any product marketed or labeled as such, issue an order to seal the building or premises engaged in unlicensed activity, and seek injunction relief against any person in conduct in violation of this section.”
The resolution says the punishment for breaking the law will be “a civil penalty of not less than one hundred dollars and not more than ten thousand dollars each day during which such violation continues, with a maximum penalty of $25,000.”
“Do you expect it to pass?” asked 18 News reporter Nick Dubina.
“You know what, I have no idea. Obviously, I hope it passes,” Moss said. “I’m not a fan of marijuana, legal or otherwise. Obviously, the state enacted legal marijuana sales to get their share of the profits and taxes and so forth. But at the end of the day, we can’t have illegal shops selling it and competing with shops who have gone through the process of becoming registered and legal to sell through the state.”
Executive Moss said there are probably a dozen or more “sticker shops” still open across the county.
“They come and they go so quick, they change locations and so forth. I know we have received calls of especially pertaining to what areas of the county they’re setting up in. Often, they’re set up in low-income areas, which is a concern.”
The resolution also says, “should the city of Elmira adopt its own law regulating the selling of unlicensed cannabis, this law shall no longer be applicable within the boundaries of the City of Elmira.”
Elmira Mayor Dan Mandell told 18 News the city is still working on drafting its own version of the law to allow Elmira Police and the Elmira Code Dept. to shut down “sticker shops.” Mayor Mandell said he hopes the city’s law will be ready for a vote at the next City Council meeting on October 7th.
“How do you see the licensed side of it, is it a boon for the county?”
“It’s a revenue we could do without,” Moss replied. “I mean, it’s not going to be that big amount of revenue. Plus, it’s got to be shared with the municipality where the shop is located, so it’s extra work for the treasurer’s office to figure that out.”
“But at the end of the day, we’re going to have folks that are driving after they’ve been smoking weed. I mean, I don’t think it’s a good idea, not a fan of it, but it’s state law, so we’ll work on, you know, closing down the illegal shops. As far as the legal shops go, they’ll have to pay their taxes to the state, and then the municipality in which the shop is located will get their cut at some point.”
According to a new map from the New York State Office of Cannabis Management, at least 11 applications for licensed dispensaries have been pre-approved in the Southern Tier.
