It is the intent of this chapter to opt the Town of Martinsburg
out of hosting retail cannabis dispensaries and/or on-site cannabis
consumption establishments within its boundaries.
This chapter is adopted pursuant to Cannabis Law § 131,
which expressly authorizes towns to opt out of allowing retail cannabis
dispensaries and/or on-site cannabis consumption establishments to
locate and operate within their boundaries.
The Town Board of the Town of Martinsburg, County of Lewis,
hereby opts out of licensing and establishing cannabis retail dispensaries
and/or cannabis on-site consumption establishments within its boundaries.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this chapter or the application thereof to
any person, firm or corporation, or circumstance is invalid or unconstitutional,
the court's order or judgment shall not affect, impair, or invalidate
the remainder of this chapter, but shall be confined in its operation
to clause, sentence, paragraph, subdivision, or part of this chapter
or in its application to the person, individual, firm or corporation
or circumstance, directly involved in the controversy in which such
judgment or order shall be rendered.
This chapter shall take effect immediately upon filing with
the Secretary of State. Pursuant to Cannabis Law § 131,
this chapter is subject to a permissive referendum and thus may not
be filed with the Secretary of State until the applicable time period
has elapsed to file a petition or a referendum has been conducted
approving this chapter.
This chapter shall be inserted in the Code of the Town of Martinsburg as Chapter
117.