Nissequogue village trustees vote to opt out of marijuana sales

Nissequogue Village this week became one of the first Long Island municipalities to opt out of a 2021 state law legalizing the retail sale of marijuana.

Village trustees passed their ordinance 5-0 Tuesday night with no members of the public in attendance and little discussion of issues that are mostly theoretical for the forested North Shore community, which has no commercial zones where a marijuana dispensary or cafe for on-site use could operate.

The village does have about 30 acres suitable for farming, and Mayor Richard Smith said at Tuesday’s meeting the ordinance was intended to forestall the possibility of a marijuana farmer setting up a roadside stand akin to the East End vegetable and fruit stands. "Under Agriculture and Markets law, farmers are allowed to sell, on a retail basis, produce grown on their property," he said.

Asked about that possibility last month, a Department of Agriculture and Markets spokeswoman said the agency "does not regulate the sale of marijuana. Rules regarding the sale of marijuana will be created by the Office of Cannabis Management." A spokesman for Gov. Andrew M. Cuomo, Jason Gough, responding for the Cannabis Management office, did not answer a question about Nissequogue trustees' concerns.

Nissequogue's farmland was last worked at least a decade ago and nobody has indicated any interest in working it, Smith said in a July interview.

The state’s marijuana legalization law, passed in March, paved the way for one of the largest legal marijuana markets in the nation but gave municipalities until the year’s end to decide against allowing marijuana businesses within their jurisdictions. They will not be allowed to opt out after Dec. 31. The law also permits adults to use marijuana in most places where they can now use tobacco. Localities cannot prohibit residents from consuming or growing marijuana for personal use, though impaired driving is still a crime.

At least two municipalities have already acted on the law's retail provisions: Shelter Island Town Board members opted out in May, and Riverhead’s Town Board voted against opting out in July.

Smithtown’s Town Board "does not anticipate making a decision until much later in the year," town spokeswoman Nicole Garguilo said in an email last month. "They are using this time to research and gather as much information as possible to make an informed decision."

Trustees of Nissequogue neighbor Head of the Harbor were scheduled Wednesday night to discuss the possibility of similar legislation, Mayor Douglas Dahlgard said. That village does not have commercial districts either, though it does have land suitable for farming.