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December 31, 2021 - 11:17am

Village of Alexander, Town of Byron join cannabis 'opt out' municipalities in Genesee County

posted by Mike Pettinella in news, Marijuana Regulation & Taxation Act.

All the votes are in and the results show that 15 of the 20 municipalities in Genesee County are “opting out” of allowing cannabis retail dispensaries and on-site consumption places.

The Town of Byron and Village of Alexander earlier this week joined the other communities who previously opted out prior to the New York State-imposed deadline of Dec. 31.

As a result, the following is the situation as it pertains to the state’s Marijuana Regulation & Taxation Act, legislation that was signed into law by former Gov. Andrew Cuomo on March 31:


Towns – Alabama, Alexander, Batavia, Bergen, Bethany, Byron, Elba, Le Roy, Oakfield, Stafford.

Villages – Alexander, Bergen, Elba, Le Roy, Oakfield.


City – Batavia.

Towns – Darien, Pavilion, Pembroke.

Villages – Corfu.

Communities opting out can opt in at a later date, but those opting in will not be permitted to opt out.

Cities, towns and villages that have opted out are subject to permissive referendum should residents wish to push for retail dispensaries, such as storefronts to buy products for home consumption and adult use consumption sites.

Sales tax on cannabis will be 13 percent, with 9 percent going to the state, 3 percent to the host municipality and 1 percent to the county. Additionally, a THC (tetrahydrocannabinol) excise tax will be imposed.

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