Attorneys Eric L. Gordon and Drew Victoria Gamils from Keane & Beane, P.C., will provide an overview of the New York State Marijuana Regulation and Taxation Act (“MRTA”) which was signed into law in March 2021, making New York the 15th state to legalize recreational cannabis. The legalization of adult-use cannabis will have a direct impact on future land use and development regulations. This presentation will explore key questions and concerns pertaining to the MRTA and the development of associated regulations. The presentation will also highlight the rights local municipalities have with respect to the control and regulation of recreational adult-use cannabis.
Brandee Nelson from Tighe & Bond, Inc. will take a look at the regulations developed in Massachusetts since the 2016 legalization of recreational cannabis to provide an overview of the land use considerations experienced by various communities with similar characteristics to Dutchess County communities and will focus on development of zoning bylaws, the land use process, issues identified, and outcomes within communities. In the past five years, communities, working with a model local law provided by the Commonwealth, have taken a varied approach to managing cannabis facility development ranging from prohibition to proliferation. Retail facilities have presented unique land use planning considerations related to egress, parking, traffic and community character. Agricultural and processing facilities require review of potential nuisance and security issues. In addition, the municipal approval process presents complex challenges for engagement between the public, applicants, municipal officials and board members. Understanding the provisions of New York’s MRTA and reviewing the impacts of adult-use cannabis in Massachusetts can help municipalities across New York State best develop land use regulations to address land use issues associated with adult use cannabis.