Village of Manlius, N.Y. – In July, the Manlius Village Board voted to prohibit retail sales of marijuana within its boundaries.
The decision caught a number of residents by surprise. They felt the hearing and subsequent vote wasn’t adequately publicized, although the village did what was legally required to announce it.
Manlius village resident Nicholas Aggripino was one of those. Learning of the decision in a syracuse.com | The Post Standard news story, he asked the village board to reconsider. He said he was told village trustees would revisit the issue if he collected enough signatures from residents who supported a public vote.
He collected 560 signatures. Village officials told him it was too little, too late.
Agrippino said he’s upset at the decision and believes he was misled.
“If they had given me a number, I would have met that number,’' he said.
Residents can force a public referendum, but they need to do so within 30 days of the opt-out vote. In this case, Aggripino knew his petition wouldn’t technically be legal, because he didn’t learn of the decision in time to make the deadline.
But he said village officials indicated they’d reconsider anyway if he had enough public signatures.
Aggripino said the village never clearly defined the number despite multiple requests for how many signatures were required.
One trustee told him in an email 100 signatures would likely be enough to revisit the issue. Another said there would have to be overwhelming support for the actual marijuana dispensaries, not just for a public vote.
On Sept. 14, Aggripino presented a petition with 560 signatures to the village board. He said while he could have secured more, he thought that represented enough public sentiment for a vote. Typically, 20% of registered voters are needed to force a public vote, which would be about 650 signatures. Aggripino said he could have done that.
On Sept. 14, the board rejected his appeal for a public vote, saying its decision would stand.
“At this time we will stick to our original decision to opt out,’' Manlius Mayor Paul Whorrall told syracuse.com | The Post Standard in an email. “We will not hold a vote due to the fact that the deadline had passed for petitions.
“We did however, allow for one individual an additional 30 days to get the required signatures, and that number was still not achieved,’' he said.
Whorrall said the village can opt in or decide to hold a vote at any point in the future if it so chooses.
Municipalities can pass a local law opting out of allowing pot dispensaries within their boundaries. If a local government does nothing, the community is automatically in. If it goes with an opt-out law, it has to be approved by Dec. 31.
Village boards are the only ones that can choose on their own to put the decision to a binding vote of the public. The village would first have to opt out, then make the public vote part of that law.
On March 31, New York made recreational marijuana legal. Towns and villages can’t do anything to limit a resident’s right to possess or consume weed. But the communities do have the power to prohibit retail outlets from selling pot.
Elizabeth Doran covers education, suburban government and development, breaking news and more. Got a tip, comment or story idea? Contact her anytime at 315-470-3012 or email edoran@syracuse.com