The Jamestown City Council. P-J file photo by Dennis Phillips

The Jamestown City Council could be opting out of allowing cannabis dispensaries and consumption sites.

On Monday, the council is slated to vote on the local law during its monthly voting session meeting. There has been very little discussion by city officials on the option of opting out.

In April, the council and Mayor Eddie Sundquist had a discussion about the legalization of recreational pot use and about the local law opt out option, but have not had one since.

Sundquist said last spring that by the end of the year, the council has to decide whether to opt out of allowing dispensaries to operate or allow them to be active in the city. Along with dispensaries, he said the city can opt out of allowing on-site marijuana consumption facilities as well. If the city does opt out Monday, the council has the option in the future to opt back in to allow for dispensaries and consumption sites.

Sundquist said the city can regulate the time, location and manner in how marijuana is dispensed in the city, which would fall under the city’s zoning laws. He said the state law already regulates how close dispensaries and consumption facilities can be located to schools and places of worship. He added even if the city opts out of allowing dispensaries and on-site consumption facilities, recreational marijuana use and possession will still be legal within the city.

The state will impose a 13% tax on the purchase of pot in a municipality, with 9% going to the state, 3% going to the municipality and 1% to the county, Sundquist said.

In recent months, several towns and villages in Chautauqua County have opted out of allowing marijuana dispensaries and consumption sites.

In June, Jamestown officials announced that it was marketing itself toward potential commercial cannabis growers because of the city’s competitive advantages of having low-cost electricity and water provided by the Jamestown Board of Public Utilities and several vacant manufacturing facilities.

At the time, Sundquist said the city provides affordable power and water, multiple potential locations and a welcoming community with a capable workforce for commercial cannabis grow operations. He said there are available vacant manufacturing and industrial facilities along Allen, Crescent and Second streets in the city. He added that city officials have toured at least four facilities and there are at least 10 available locations for future marijuana growing operations.

Even though municipalities can opt out of allowing pot dispensaries and consumption sites, cities, towns and villages cannot prevent potential commercial cannabis growers from producing in their municipality.