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Nassau County Task Force on Marijuana Legalization And Nassau County Task Force on Marijuana Legalization and Regulation March, 15, 2019 Patrick J. Ryder Joshua Lafazan Commissioner of Police Nassau County Legislator Co-Chair Co-Chair Table of Contents Introduction ....................................................................................................................................2 Cannabis Regulation and Taxation Act ......................................................................................4 Policy of State and Purpose of Chapter .......................................................................................4 Office of Cannabis Management ................................................................................................4 Recreational Cannabis Business Licenses ...................................................................................6 Social and Economic Equity Plan – Incubator Program ..............................................................7 Taxes, Licensing and Application Fees and Penalties .................................................................8 Challenges Related to Banking in the Cannabis Industry ..........................................................10 Incurred Costs with Cannabis Legalization ...............................................................................11 Opting In vs. Opting Out ...........................................................................................................13 Home Cultivation of Medical Cannabis ....................................................................................14 Cannabis and the Proposed NYS Penal Law .............................................................................14 Public Safety ................................................................................................................................17 Traffic Safety ...............................................................................................................................19 Cannabis and Vaping .................................................................................................................24 Conclusion and Recommendation ..............................................................................................26 Public Health Subcommittee Report ..........................................................................................27 Treatment and Recovery Subcommittee Report ......................................................................46 Taxation and Finance Subcommittee Report ............................................................................53 Education Subcommittee Report................................................................................................60 Small Business Impact Subcommittee Report ..........................................................................63 Community Impact Subcommittee Report ...............................................................................67 Legislation and Regulation Subcommittee Report ...................................................................69 Glossary .......................................................................................................................................71 Sources .........................................................................................................................................74 Endnotes .......................................................................................................................................77 Appendix – Public Submissions 1 Introduction On January 10, 2019, Nassau County Executive Laura Curran announced the formation of the Nassau County Task Force on Marijuana Legalization and Regulation in response to pending state legislation regarding the legalization and sale of recreational cannabis in New York. The task force was charged with examining the prospective impacts the legalization of cannabis may have on the County’s public safety, public health, business development, and communities. Co- chaired by Nassau County Police Commissioner Patrick Ryder and Legislator Joshua Lafazan, the Nassau County Task Force on Marijuana Legalization and Regulation was comprised of eight subcommittees which included: public safety, legislation and regulation, public health, treatment and recovery, education and prevention, taxation and finance, community impact, and small business impact. An open legislative hearing was held by the Nassau County Health and Social Services Committee at the Theodore Roosevelt Executive and Legislative Building in the Legislative Chambers on February 6, 2019, regarding the potential legalization of recreational cannabis. The hearing was attended by approximately 250 individuals, a number of whom were given three minutes to state their position on legalization and presented questions to legislators and panel members. With a majority of those in attendance against legalization, sentiments primarily focused on public safety concerns, protecting children and other vulnerable populations, the quality of life, and treatment resources. Those in favor of legalization pointed out potential revenue that would be obtained by opting-in to retail cannabis sales, social justice for minorities disproportionately impacted by marijuana arrests, and the ability to ensure product quality for consumers. The task force held three public forums in the townships of North Hempstead, Hempstead and Oyster Bay. The purpose of forums was to educate Nassau County citizens about the New York State Cannabis Taxation and Regulation Act and provide a platform where the public could express their questions and considerations. At the three town hall meetings, the majority of attendees stated positions opposing legalization and expressed concerns about traffic safety, substance abuse, protecting vulnerable populations, vaping in schools, and obstacles faced by law enforcement. Proponents of legalization discussed potential revenue from cannabis taxation, employment opportunities, quality assurance for cannabis products, and prospective benefits to small business. Attendees were also able to submit documents for consideration to the task force which have been included as an appendix to this document. 2 The Nassau County Task Force on Marijuana Legalization & Regulation Members . Patrick Ryder, Nassau County Police Commissioner (Co-Chair) (Public Safety) . Josh Lafazan, Nassau County Legislator (Co-Chair) (Legislation and Regulation) . Dr. Lawrence Eisenstein, Department of Health Commissioner (Public Health) . Francesca Carlow, President of the Nassau County Chambers of Commerce (Small Business Impact) . Giselle Campbell-Ham, Assistant Principal of Freeport High School (Education and Prevention) . Ralph Ekstrand, Mayor of Farmingdale (Taxation and Finance) . Bishop Lionel Harvey, First Baptist Cathedral of Westbury (Community Impact) . Dr. Jeffrey Reynolds, President of Family and Children’s Association (Treatment) Mission Statement To educate and inform the residents of Nassau County about the potential impacts associated with the legalization and sale of recreational cannabis in New York State. Faced with the possibility of legalization, our goal is to enhance public awareness and create an open dialogue with residents about the ways our County and communities may be affected. As always, the safety and wellbeing of Nassau County citizens will remain our top priority. Community Meetings . Nassau County Legislative Hearing (February 6, 2019, 7:00 p.m.) . Location: 1550 Franklin Avenue, Mineola . Attendance: approximately 250 people . Percentage Anti v. Pro Cannabis Legalization: 90% v. 10% (approximate) . Town of North Hempstead (February 27, 2019, 7:00 p.m.) – Town Hall Meeting #1 . Location: 220 Plandome Road, Manhasset . Attendance: approximately 80 people . Percentage Anti v. Pro Cannabis Legalization: 80% v. 20% (approximate) . Decision by Township: Opted Out . Town of Hempstead (March 5, 2019, 7:00 p.m.) – Town Hall Meeting #2 . Location: 1 Washington Street, Hempstead . Attendance: approximately 90 people . Percentage Anti v. Pro Cannabis Legalization: 80% v. 20% (approximate) . Decision by Township: 1-year Moratorium . Town of Oyster Bay (March 6, 2019, 7:00 p.m.) – Town Hall Meeting #3 . Location: 54 Audrey Avenue, Oyster Bay . Attendance: approximately 60 people . Percentage Anti v. Pro Cannabis Legalization : 70% v. 30% (approximate) . Decision by Township: No decision at the time of the report 3 Cannabis Regulation and Taxation Act Policy of State and Purpose of Chapter As stated in the FY 2020 New York State Executive Budget Revenue Article VII Legislation Cannabis Regulation and Taxation Act: It is hereby declared as policy of the state of New York that it is necessary to properly regulate and control the cultivation, processing, manufacture, wholesale, and retail production, distribution, transportation, and sale of cannabis, cannabis related products, medical cannabis, and hemp cannabis within the state of New York, for the purposes of fostering and promoting temperance in their consumption, to properly protect the public health, safety, and welfare, and to promote social equality. It is here-by declared that such policy will best be carried out by empowering the state office of cannabis management and its executive director, to determine whether public convenience and advantage will be promoted by the issuance of registrations, licenses and/or permits granting the privilege to produce, distribute, transport, sell, or traffic in cannabis,
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