Cannabis moratorium in Pound Ridge gets six-month extension

The Purple Plains adult-use cannabis dispensary on Westchester Avenue in Scotts Corners. Photo credit: Purple Plains.

By Neal Rentz //

The Pound Ridge Town Board voted June 4 to extend its moratorium on opening new cannabis dispensaries in the business districts for an additional six months. The vote was 3-1, with Councilwoman Namasha Schelling voting against the extension. Supervisor Kevin Hansan did not attend the meeting. The vote came less than 10 days before the current six-month moratorium was set to expire.

“The town board believes that a moratorium is necessary and advisable to maintain the status quo while it assesses the implications of these new state rules and allow the town to collaborate with Office of Cannabis Management to protect the best interests of the town,” the legislation stated. The extension continues the moratorium on approvals of building permits, variances, special use permits, site plans and subdivision applications for properties in the PB-A, PB-B and PB-C zoning districts.

In an interview following the meeting, Schelling explained why she voted against the moratorium extension: “I voted against extending the moratorium because I do not see the purpose,” she said. “The first moratorium did not stop the opening of a cannabis dispensary in our business district. This moratorium only stops any business from opening in the business district, if they need approval for building permits, variances, special use permits, site plans, and subdivision applications in the business district.”

The state legalized adult cannabis use in March 2021. The initial local moratorium was approved by the Pound Ridge Town Board in December after it was sharply criticized by many residents for failing to “opt out” of the permissible cannabis business provision allowed under state law before the 2021 deadline. During the June 4 public hearing, residents expressed support for extending the moratorium.

Resident John Nathan, an attorney, urged the board to approve the moratorium extension, if it favored such an action, before it expired nine days later.

“I have never said one word for or against cannabis” in the seven months that he has been involved with the issue, Nathan said. “I was interested in just one thing, the process,” he said. Nathan said he wrote Hansan, stating that “it is essential that you take action tonight.”

Town Attorney William Harrington said at the meeting the town was working with a consultant on legislation to regulate cannabis dispensaries. The process of crafting the legislation will include informational sessions for residents during the summer, he said. The town will try “to accommodate everyone,” Harrington said. The plan calls for the town board to approve the proposed legislation in the early fall, he said.

The sole operating cannabis dispensary in Pound Ridge — the Purple Plains Cannabis Dispensary, located at 32 Westchester Ave., sued the town, the town board, and Building Inspector James Perry on Feb. 20 in state Supreme Court in White Plains. Purple Plains, which is co-owned by Sophia Mortell and her boyfriend Mark Buzzetto, opened on April 17. “Our lawsuit asserts that they filed the moratorium incorrectly. We did not sue them for damages,” Purple Plains secretary and father of Sophia Mortell, Jack Mortell, said following the vote approve the moratorium extension. Harrington said in response that he did not agree with the contention of the dispensary that the town did not “properly enact” the original moratorium and lacked the authority to enact the moratorium “The moratorium was properly enacted,” he contended. “The town had the authority under the New York cannabis law to enact the law.”

Despite the filing of the suit, Mr. Mortell shared positive comments about the town and the positive reception the business has received. “The response from the people in town has been fantastic. We have only had one person come in the store insinuating that we are in violation of town law,” Mr. Mortell said. “We politely explained to her that we are indeed operating legally.”

People from out of town seem happy, too,” he continued. “Most who come in are pleased by the look of the store” and variety of products for sale. Mr. Mortell said he understood why some people opposed a local cannabis dispensary, but, he added, “the majority of them do not understand what our dispensary is, how it functions and who shops here,” he said. 

“We are very happy with the people of Pound Ridge and are very happy that they opted in and that we opened here,” Mr. Mortell also commented.