STATEN ISLAND, N.Y. — Staten Island lawmakers are proposing legislation to change New York’s cannabis law, requiring dispensaries to be at least 1,000 feet from child-care facilities and 500 feet from places of worship.
On Tuesday, Assemblymember Michael Tannousis, a Republican who represents the East Shore, held a press conference regarding the newly-opened Happy Times Cannabis Co., which is 500 feet from Steps to Success, a nursery school on Hylan Boulevard in Dongan Hills.
The press conference follows a complaint Tannousis submitted to the Office of Cannabis Management (OCM) about the dispensary’s proximity to the day care center.
Tannousis said OCM responded on Jan. 6, stating, “While Steps to Success is accredited with the New York City Department of Health and Mental Hygiene and the Office of Children and Family Services to provide child care services, these accreditations do not fall within the requirements of a school in the cannabis law.”
OCM said Happy Times Cannabis Co. was deemed to meet the mandatory distance requirements for retail dispensaries.
Happy Times Cannabis Co., the newly opened cannabis dispensary nearby daycare center, Steps to Success on Hylan Boulevard.Sydney Maldonado
Tannousis, a strong opponent of New York’s cannabis law, criticized OCM for what he says is “mismanagement” and said there is a “loophole” that allows dispensaries near day care centers.
“There is complete mismanagement in this agency,” Tannousis said. He noted that Happy Times Cannabis Co. “has now opened well within 500 feet of a nursery school,” a situation the cannabis management office says cannot be addressed because the facility isn’t legally considered a school under the law.
As a result, Tannousis and State Senator Jessica Scarcella-Spanton, who represents the North Shore and parts of Brooklyn, will introduce legislation to require cannabis dispensaries to be 1,000 feet from schools instead of 500 feet, and 500 feet from houses of worship instead of the current 200-foot requirement.
The bill would also redefine what counts as a school “to ensure that every type of educational institution, whether a nursery school, preschool, elementary school, junior high school, or high school, is included within this definition,” Tannousis said.
New York State Senator Jessica Scarcella-Spanton is pictured speaking at a press conference regarding proposed legislation to change the current New York State cannabis law on Tuesday.Sydney Maldonado
Scarcella-Spanton said the bill she will introduce will ensure all types of educational institutions — from nursery schools to high schools — are included in the law’s protections.
“These shops really need to hear and heed the input of the community,” she said.
When contacted by the Advance/SILive.com, an OCM spokesperson said the agency doesn’t comment on pending legislation. An a representative of Happy Times Cannabis Co. wasn’t immediately available for comment.
Councilmember David Carr, who represents the Mid-Island, said he supports the legislation and emphasized the importance of protecting children on Staten Island.
“The law is the law, and we need to protect the most vulnerable among us. I think this location is particularly inappropriate given its proximity to Steps to Success,” he said.
Steps to Success owner Pauline Youssef pictured speaking at Assemblyman Michael Tannousis’s press conference on Tuesday.Sydney Maldonado
Steps to Success owner Pauline Youssef said OCM’s investigation process regarding the dispensary’s proximity to her day care center ‘wasn’t transparent.’”
She said she received only one email from the office inquiring about her licenses and didn’t receive much response after complying with their requests.
When she received a response, the office cited Section 409 of the Education Code — a code she noted was not the one the office had said denied her request.
“They decided to introduce other terminology to negate what I was saying, and respectfully, that’s not fair. The law is the law. I have a right as a business owner to ask why this needs to be right next to us.” Youssef said.
She said she hopes the legislation will provide clearer rules for other communities to prevent this from happening in the future.
Tannousis said the legislation sends a message to Staten Islanders that he and his colleagues are committed to protecting the community and improving residents’ quality of life.
“We will never stop fighting for you, and we will take on whatever battles are needed to ensure your quality of life gets better and that taxpayer dollars are well spent,” he said.