Picente introduces cannabis, tobacco regulation laws

UTICA, NY (WUTR/WFXV/WPNY) — Oneida County Executive Anthony Picente introduced two new laws that he hopes will crack down on unlicensed cannabis sales and regulate tobacco paraphernalia sales.

“In my State of the County Address earlier this year, I vowed to shut down the illegal cannabis shops that are plaguing communities across Oneida County and to regulate how smoke shops sell the tobacco and nicotine paraphernalia that are targeting our youth,” Picente said in a statement. “These two new local laws will put the power back in our hands to take control of this untenable situation and improve public health for all.”

The first law would authorize the Oneida County Health Department to conduct regulatory inspections on unlicensed cannabis retailers. The law would also allow the Health Department to issue violation notices, impose fines, secure illegal cannabis and issue shutdown orders.

In the law, Picente established a fine of $2,500 for the first violation, $5,000 for a second violation and $10,000 for third violations and all violations thereafter. It also established a maximum penalty of $25,000 per each unique instance or violation.

Currently, there are only three legal cannabis shops in the area:

• Exit 31 Exotic on Genesee Street in Utica,
• Sunnyside Medica Cannabis Dispensary on Commercial Drive in New Hartford, and
• DOSHA on Main Street in Oneonta.

The list does not include any cannabis dispensaries in the Oneida Indian Nation, which covers Vernon, Verona, Sherrill and other surrounding Mohawk Valley communities.

“It is estimated that there are more than 1,000 illicit cannabis shops doing business in New York State,” Picente said in a statement. “These illegal, unregulated shops pose a public health, safety and welfare risk and are not paying the required taxes or fees. We must eliminate them.”

The second law — which was named the Smoking Paraphernalia Retail Control Act, or SPRC — will establish a system for licensing and inspecting stores that sell paraphernalia to smoke tobacco.

The bill will require any retailers that sell the following to receive a license from Oneida County:

• Pipes, including water pipes,
• Hookahs,
• Rolling papers,
• Leaf (such as tendu leaves),
• Electronic pipes,
• electronic cigarettes,
• electronic tank devices, or
• any other device that allows a person to inhale tobacco or nicotine.

Stores wishing to obtain a license will need to pay $2,500 to Oneida County and must be renewed every two years. Separate licenses will need to be obtained for each location, and retailers must be over 1,000 feet from any school, daycare or park. Locations must also be a quarter mile from any other paraphernalia retailer.

The Oneida County Health Department will also conduct inspections to ensure compliance. Violators of the law could have their paraphernalia seized, as well as further penalties. Violators may also be forced to shut down if egregious violations are found.

Retailers that are found to sell the paraphernalia without a license or selling them to people under 21 or employing anyone under the age of 18 could be subject to civil penalties of up to $500 per day.

“The use of tobacco and nicotine is one of the greatest public health threats of our time, as it is linked to 13 types of cancer and 25 chronic diseases,” Picente said in a statement. “While the use of cigarettes has fallen, the use of vapes and waterpipes has skyrocketed, particularly among young people. Studies show that smoke shops increase the use of tobacco and nicotine products, especially when they are located near schools. Cracking down on this access will go a long way to protecting our children.”

In order to give retailers time to comply with the law, the SPRC Act will take effect after 180 days of its filing with the New York State Secretary of State.

Picente’s laws will be presented to the Oneida County Board of Legislators at a special meeting on Wednesday, October 9. You can find a video of this morning’s press conference here You can read the introduced laws below:

Unlicensed Cannabis Sale Law

Smoking Paraphernalia Retail Control Act

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