Sag Harbor Opts Out Of Pot Sales In Village

Marijuana may now be legal in New York State, but that doesn’t mean you can expect to see it for sale in a store in Sag Harbor Village anytime soon.

On Tuesday, December 14, following a public hearing at which the issue was discussed in public for the first time, the Village Board voted unanimously to opt out of allowing the sale of pot in retail stores or its consumption in bar-like lounges.

Sag Harbor joins East Hampton Village and East Hampton Town in taking advantage of a new state law that permits municipalities to allow such businesses to open but also gives them a chance to opt out. The Shinnecock Nation and Riverhead Town are among the nearby jurisdictions that will allow them; Southampton Town has not taken action to opt out with the deadline approaching. Local governments have until the end of the month to opt out.

Just because the Village Board opted out, however, doesn’t mean it can’t change its mind in the future and allow the businesses. But if it had opted in, it wouldn’t be allowed to opt out later.

That was enough for Trustee Bob Plumb, who said the state had yet to set regulations for local pot businesses. “The ground rules aren’t even known yet,” he said. “That’s a good reason to opt out.”

He was joined by Trustees Aidan Corish and Tom Gardella. Trustee Ed Haye was not at the meeting, but he sent word via Mayor Jim Larocca that he, too, favored taking a pass.

The mayor said he had given the matter serious thought and concluded opting out would preserve the most options for the village moving forward. Plus, he said he had heard from a number of people from the village, including school officials, who voiced concern about allowing marijuana sales. “I find those arguments very strong,” he said.

Several speakers urged the board to steer clear of allowing marijuana sales as well. One of those speakers was Rebecca Burnside, the president of SAFE in Sag Harbor, a group that advocates for a substance-free life for youth.

“If we don’t opt out before the deadline, there is no room for regrets, and no opportunity to knock on Albany’s door asking to change our mind,” she read from a prepared statement. “By not opting out, we are opting in for an unforeseeable fallout resulting from our lack of action. With the current delay in state guidance, we would be making this choice blind with no clear vision of state regulations and policy.”

The board’s decision was a blow to David Falkowski, the owner of Open Minded Organics in Bridgehampton and OMG Apothecary on Long Wharf, which sells a variety of CBD products.

Falkowski has been an advocate for legal marijuana sales, arguing that the state’s Marijuana Regulation and Taxation Act is designed to cut the legs out from under the black market and raise tax revenue that can be used in part to help treat substance abuse issues.

Opting out would “basically close the door on someone like me who is a community member” to obtain one of the limited state licenses that will be issued for marijuana businesses, he said.

Falkowski added that even if the board should change its mind later, it doesn’t mean the state will be granting any more licenses, meaning it is possible the village would miss out on a tax revenue.

Legalized pot was not without its supporters. Gabe Schiavoni said marijuana is already available. “It’s going to end up like Prohibition. It’s going to be under the table and behind locked doors,” he said.

Daniel Maeder said legalizing marijuana would be a convenience. “I just don’t want this to be another product I have to go to Riverhead to buy,” he said.

But opponents said it was too risky. “I don’t know how a dispensary would affect our community on Main Street,” said Kelly Dodds, who expressed concern that pot gummies would find their way into children’s hands.

Kym Laube, the director of HUGS, which advocates for healthy lifestyles for teens, said by dangling the prospect of tax revenue before municipalities, “the state put you in a tough spot” because there is no way local governments can determine how much legal marijuana sales will cost in things like hiring additional police officers.

She said there would be increased social costs as well, if youth found it easier to get their hands on pot.

Dr. John Oppenheimer also spoke against allowing pot businesses in the village. He cited concern about young people driving while high, and said studies have shown that IQ levels can go down for young people who use drugs and that mental health issues could also arise.

He urged the board to opt out, adding, “As far as I’m concerned, we should never opt in.”​​​​​