Lynbrook board votes to ban marijuana in public

Months after voting to prohibit marijuana sales and dispensaries in the village, Lynbrook officials unanimously voted to ban smoking marijuana in public places like parks, eateries and local businesses at a public hearing on Oct. 18.

“The Village of Lynbrook will abide by the New York state law and keep the residents of Lynbrook safe,” Mayor Alan Beach told the Herald. “The vote was unanimous.”

Officials reacted after there were some complaints from residents about people smoking marijuana in parks and other public spaces. The vote included a change to the village code, which was in keeping with the state’s Clean Indoor Air Act. The act was approved by state officials in 2017 and prohibits smoking and vaping in almost all public and private indoor workplaces, including restaurants and bars, to protect workers and the public from exposure to harmful second-hand tobacco smoke and vaping aerosols.

In May, the village board unanimously voted to ban marijuana dispensaries and consumption shops from being built or set up in the village after a public hearing, citing potential danger to the community.

The board opened the public hearing about dispensaries after New York state passed the Marijuana Regulation and Taxation Act, or MRTA, on March 31, which gave villages, counties and towns the authority to ban sales within their jurisdictions. New York became the 18th state to legalize marijuana use, and officials formed new agencies within the state government to control it.

In New York, residents are able to possess up to 3 ounces of marijuana and 24 ounces of concentrated cannabis, and there are other regulations for oils. An adult 21 and older is also permitted to cultivate three plants and no more than six per residence if multiple adults live there.

Though Lynbrook would have seen a percentage of sales tax from marijuana, officials said they believed the dangers of permitting cannabis sales in the village outweighed the potential for added revenue. Beach said the board wanted to take it one step further by outlawing smoking in public amid several complaints about the odor in the village.

The East Rockaway village board opted out of marijuana sales on April 15 and, after two public hearings this summer, banned dispensaries and sales, like many other villages in Nassau County.

“First of all, we don’t want it in our community,” Mayor Bruno Romano said at the time. “Second of all, I grew up in East Rockaway, and I certainly don’t want this happening. This is a quality-of-life issue for all of us. This doesn’t belong here.”

Village attorney Tom Atkinson explained earlier this month that the board’s decision would not ban smoking marijuana in private homes, as that is now legal under state law.

“It’s important to note that we’re not outlawing cannabis in the Village of Lynbrook,” Atkinson said. “We wouldn’t have that jurisdiction under current New York state law. You’re allowed to partake or use cannabis in your private home. What we can do is put this provision in and prohibit it on public-owned and village-owned land.”