Why Did 34% of New York Municipalities Opt Out of Legal Cannabis Sales?

On Tuesday, January 25, 2022, the New York State Office of Cannabis Management (OCM) released a report on cannabis sale opt-outs from across the state.

According to the report, 10 percent of cities and 34 percent of all municipalities have decided not to host any cannabis retail sites and/or on-site consumption licenses.

The OCM report tries to soften the blow, stating that “those cities that opted out of all sales reflect a collective population of about 118,000 New Yorkers.”

However, this a bit weird because the town of Hempstead alone has a population of almost 800,000.

I’ll let somebody else do the math on all the opt outs because the OCM calculations are suspect.

(At the bottom of this article you can find a complete list of villages, towns, and cities that opted out.)

And while all these opt outs suck for towns like Greece, Gates, or Pittsford, and many more, it’s important to remember that towns can opt in anytime they like.

“We’re really encouraged by the energy building around New York’s forth coming adult-use cannabis market. New Yorkers will have an accessible adult-use cannabis market poised to generate billions of dollars in sales as well as create thousands of jobs” said Cannabis Control Board Chair Tremaine Wright. 

“New York’s cannabis industry will be accessible, protect public health and keep New Yorkers safe. As the industry blossoms, the equitable economic opportunity it creates will serve as a reminder to opt-out communities that they can always make the choice to participate.” 

Chris Alexander, OCM executive director also weighed in.

“The MRTA provides localities with the ability to determine if they want to host cannabis dispensaries or on-site consumption lounges and unlike some other states that gave the option and a large majority opt out, New Yorkers will have widely accessible sales,” Alexander said.

“As the new cannabis industry comes to life, reduces harm with safe, tested products and grows the economy equitably, we do believe that some localities will opt back in.”

The OCM's confidence is great sign, especially when you consider how they're bolstering the state's medical cannabis program.

Why Do Towns Opt Out of Legal Cannabis Sales?

This is a good question with different answers.

And this isn’t just a New York issue. Even in California, more than half the counties have opted out of legal cannabis sales.

But why?

Some towns or municipalities opt out of legal cannabis sales to show disapproval over the current cannabis policy landscape.

"The opt-out was the responsible thing to do, not knowing what laws are in place and how they will be interpreted by the controlling board," said Middletown Mayor Joseph DeStefano during December in the days leading up to the opt-out deadline in New York. 

The unfortunate thing about opt outs over policy concerns is that cannabis policy must be realized as an evolving process.

Imagine a child on a playground, folding their arms and frowning, refusing to play a game because they don’t like the rules. Negative mindsets like that are hardly productive.

Meanwhile, others opt out due to fear.

In December, Hempstead, Long Island, invited residents to share their views before the town council vote.

Resident Liz Boylan was quoted as saying, “We do not want to become the sixth borough of New York City. We do not want to see our children put in a hole they cannot get out of.”

Concerns about the wellbeing of children or the community are always important to recognize. It’s also important to understand when these concerns have zero basis in reality.

Numerous studies show there is no evidence that cannabis regulation leads to an uptick of underage use and that reported cannabis use among teens is actually decreasing.

In addition, several studies show that cannabis legalization does not lead to an uptick in crime and may actually help reduce crime.

Some Hempstead residents cautioned against anti-cannabis fear tactics to no avail.

The council voted unanimously to opt out of cannabis sales. This is ironic both because of Hempstead’s name (get it?) and also because the city could use the economic boon that so often comes with legal cannabis sales.

With no safe access to cannabis, residents will be forced to travel to a different city to shop at dispensaries or continue buying their stash off the legacy market.

Luckily, the town can reverse the decision at any time. Maybe it would help if they saw some of these studies, but probably not.

What really changes hearts and minds around cannabis isn’t any scientific evidence but rather storytelling, more people talking about how cannabis improved their quality of life, or helped their patients, or whatever.

Cannabis bans of any kind are a sign that people are not talking about it enough, not making themselves vulnerable enough to share, not listening, not asking questions…

Instead of productive, truth-seeking dialogue, we get a stigma-filled silence anchored in place by fixed mindsets and misinformation.

Enhanced cannabis dialogues, dear readers, is the only way to uproot a century of reefer madness.

Here's a complete list of the current opt outs in New York:

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