What will a cannabis nursery have to do if it shuts down, or the owner dies, or in some way the nursery is left unattended? That was the question the Queensbury Planning board considered Tuesday Nov. 15. They have been tasked by the Town Board to give an advisory opinion on a proposed change in the town’s zoning ordinance.
The proposal to amend Chapter 179 of the Queensbury Town Code mainly outlines where retail sales or consumption of recreational marijuana could occur within the town’s borders, but it also changes some rules and makes legal definitions for terms such as "Commercial Nursery" which would included cannabis growing.
“We are asking the town board to think about decommissioning cannabis growing facilities in the event of a sudden lack of oversight on the part of the owners,” said Planning Board Chair Stephen Traver.
[Read more about the draft law here.]
Member Michael Dixon agreed with the idea of a decommissioning plan for nurseries found inside town limits.
“Not so much with retail or consumption, but we’re talking nurseries. I just have a vision of nurseries loaded with cannabis, and of a worst case scenario of a nursery owner passing away, what’s going to happen with those cannabis plants?” Dixon asked.
Even though there are still a lot of regulations to be worked out by the New York State Cannabis Control Board, Town Planner Stuart Baker said he believes processes like decommissioning could perhaps fall under state jurisdiction.
Under the proposed changes to the law being considered by the Town of Queensbury, commercial nurseries include one or more greenhouses totaling 300 square feet or more to grow. They are different from cannabis retail or cannabis on-site consumption businesses. They are also different from other nurseries that might grow crops, such as corn or squash, for roadside sales. Marijuana cannot be sold at a farmer's roadside stand.
Under Section 75 of the state cannabis law, a nursery does not grow mature plants, but "clones, immature plants, seeds, and other agricultural products" for sale to larger cannabis farms.
"A person or entity holding an adult-use cultivator's license may apply for, and obtain, one nursery license to sell directly to other cultivators, cooperatives, microbusinesses, or registered organizations," the law says.
New York State has authorized towns to regulate sales and onsite consumption only, through their their zoning laws.
The only authority given to towns are time, place, and manner regulations. For example, regulating the hours and location of the businesses.
Ultimately, the planning board agreed to a favorable recommendation for legislation approval. Based on limited review the board did not find any adverse impacts that could not be mitigated by this proposal.
Monday Nov. 21, New York State issued the first licenses for retail sales in the state. The Capital Region won four licenses and a "North Country" license was granted. Queensbury was not listed as a winner, but that does not necessarily preclude a Capital Regional permit-holder to move up to Warren County.
“Cannabis dispensary site selection consultants for NYS have reached out to the Town. The consultants are aware of our effort to adopt zoning regulations for cannabis businesses,” Baker said in a separate interview.
“I have been in touch with their site selection consultants,” he continued. “I’m not aware of any contact between the State and other Town officials regarding cannabis business locations.”
Queensbury also could get one or none over the next calendar year. Licenses will continue to be issued in future years.
“This is a work in progress. It’s all new to all of us. As it continues to grow, it’s going to evolve so we’re going to have to see how it plays out and adjust accordingly,” added Vice-Chairman David Deeb.
No one from the public spoke at the town board's public hearing Nov. 21. The town plans to hold more public hearings.