As Beacon’s City Council considers its new obligation from New York State to respect marijuana smoking in public, the Marijuana Regulation & Taxation Act (MRTA), a law passed after much delay prior to the racial reckoning of 2020 and into 2021), Beacon, along with all municipalities, is required to decide if it wants to opt out of retail sales tax revenue from Adult-Use Retail Dispensary stores (a store that sells cannabis that a person takes away from the store), or an On-Site Consumption Establishment (like a bar for alcohol that a person consumes on site and cannot take away). When signing the law, New York State declared that it became the “15th state to legalize cannabis with commitment to social equity.” So far, after the 6/14/2021 City Council Workshop meeting discussing the development, Beacon’s City Council is leaning in the direction of remaining opted-in to profiting from revenue from cannabis sales generated from within Beacon’s city limits.

Along with this retail choice, as presented in detail by Beacon’s retained law firm, Keane & Beane from attorney Drew Victoria Gamals, Beacon’s City Administrator Chris White brought to the Council the consideration of prohibiting smoking or vaping tobacco and marijuana in public parks to the Council, separate from the state-mandated retail decision. During the meeting, he said doing so was in the name of public health.

However, it should be noted, that in Keane and Beane’s Adult-Use Marijuana presentation, municipalities are able to “adopt regulations to allow the smoking of cannabis in locations where smoking tobacco is prohibited.” This option was not discussed during the Workshop where this topic was first breached.

New York’s lifting of the prohibition of marijuana smoking has brought new aromas to the city, which you may have noticed while walking down the sidewalk where bar patrons gather to smoke outside. Or someone driving in their car in front of you may be openly smoking cannabis while driving (which, according to Drew Victoria Gamils with Keane & Beane is not legal, nor is sitting in your car smoking cannabis while the car is off).

Is It The Aroma That Is Bothersome?

While it is a new aroma for some, it is making others uncomfortable. Yet one thing is known: the Black community is disproportionately penalized for even carrying cannabis, let alone smoking it, as was pointed out by Councilmember Air Nonken Rhodes during the presentation of the ban on smoking in Beacon’s public parks during the meeting.

City Administrator Chris White responded to Air’s concern by stating that “enforcement would need to be closely watched.” Which would require data collection and review of each citation. Something which Beacon’s City Council is new to acquiring in the aftermath of the spotlight on criminal justice. It is also not clear if the City Council or the City Administrator is in the habit of regularly reviewing the data that the City of Beacon Police Department collects.

During this City Council Workshop, City Administrator Chris White equated publicly smoking marijuana to smoking tobacco, as he brought to the council the consideration to ban it from public parks and “soccer games.” Chris stated that on Beacon’s trails, there is a ban on smoking, but he was unclear as to why that was, and not banned in parks. He wondered if it was because people are walking in a “linear” path. In his pursuit of a policy to be able to enforce, he expanded: “If you're way up in the woods, we are not going to see. However if you are at a soccer game, and not being respectful of others, I'm sure you are going to be reminded of that,” he stated, explaining that a person complaining to their fellow parent would have new legislation supporting their complaint to a person sitting next to them.

Not that soccer games need more opportunities for conflict among overly aggressive parents, who continuously need their own refereeing by the professional hired to ref the kids and enforce rules of the game in play.

(The no-smoking rule on trails could be for fire prevention, like that time when Breakneck caught on fire in 2020.)

Soccer Games and Smoking

Having been to many soccer games and practices, as well as those for flag football, I have not encountered folks smoking tobacco or cannabis. While that is a broad statement, people usually step away when smoking, out of respect for others. As for Pete and Toshi Seeger Riverfront Park, that area is so spacious and windy, most aromas don’t linger - unless it is the regular aroma of charcoal burning for burgers and hot dogs.

Meanwhile, New York State considers cannabis a potential thriving business that it can regulate and profit from, while encouraging agricultural involvement from traditionally oppressed groups. Expanding limitations on where it can be smoked is counter to that intent.

From New York’s new Office of Cannabis Management, the new law “Establishes a robust social and economic equity program to actively encourage members from communities disproportionally impacted by the policies of prohibition to participate in the new industry. … [It] encourages small business and farmers to participate in the cannabis industry with the creation of microbusiness, cooperative and delivery license types.”

Proposed Penalties For Smoking In Beacon’s Public Parks

A majority of Beacon’s City Council leaned toward accepting the sale of cannabis in Beacon, but banning smoking in public parks. The penalties, they agreed on, could be light. The financial penalty by default, City Attorney Drew said, has a maximum fine of $1,000 per day. City Attorney Drew confirmed that the penalty would be settled in Justice Court between the City and the Defendant. City Administrator Chris attempted assurance: “It’s usually much less than the maximum penalty.“

City Attorney Drew added: “If you go to trial, you could get $40,000. Working with the police and the defendant, you might end up settling for $9,000. That's a high example. You might end up settling for $500 in Justice Court.”

Councilmember Dan Aymar-Blair requested that the financial penalty be light, so as to not impact anyone’s rent. He and other Councilmembers agreed that jail time would be not ideal, and they would want to specifically exclude that penalty from Beacon’s legislation.

City Attorney Drew recommended that the City Council hear from residents before moving forward with drafting legislation on how to regulate the sale of cannabis in Beacon.