Amityville to hold special election Tuesday on marijuana opt-out

Amityville will hold a special election on Tuesday solely on the issue of whether recreational marijuana retail and consumption sites should be allowed in the village.

The special election comes after the village tried to place a referendum on the issue on the general election ballot but failed to make the state's deadline of 90 days prior to the election, or Aug. 2.

"We looked for a few different loopholes to see if there was any way around that because I and the village administration wanted to give voters the biggest, widest opportunity to participate in this question," said Suffolk County Board of Elections Commissioner Nick LaLota, a former Amityville trustee. "But since the request didn't meet that timeline, the board was legally prevented from putting it on the ballot."

Municipalities have until Dec. 31 to pass a law opting out of the state's marijuana law, which legalizes the possession, sale and growing of marijuana for recreational purposes for anyone 21 years and older. There will be a 13% tax on an estimated $350 million in annual retail sales, of which local municipalities get 3%.

Under the state law, a municipality cannot prohibit residents from consuming or growing marijuana but can opt out of retail sales and consumption sites. Opt-out laws can be overturned through a referendum, and a municipality that opts out can opt in at a later date.

In September the Amityville board of trustees voted 5-0 to opt out. The vote came after a public hearing in August in which two people spoke: one for and one against allowing the sites.

Mayor Dennis Siry said village officials want voters to have the final say in the matter. Amityville is the only municipality on Long Island that is putting the marijuana question on the ballot in November.

"Hopefully we get a good turnout so that we can get a real feel of the whole village," Siry said.

Although the special election is occurring on the same day as the general election, voting will not be at the village's polling places. Instead, the special election, which will use paper ballots and a ballot box, will take place only at Village Hall, from 8 a.m. to 6 p.m. Catherine Murdock, village clerk-treasurer and elections commissioner, said she made the decision due to the logistics of running two separate elections. She said the special election will cost the village $500.

By Denise M. Bonilla

denise.bonilla@newsday.comdenisebonilla

Denise Bonilla has worked at Newsday since 2003 and covers the Town of Babylon, including the villages of Lindenhurst and Amityville.