After New York state legalized recreational marijuana, Binghamton officials have moved to update zoning laws and regulatory policy.

The Marihuana Regulation and Taxation Act (MRTA), passed by the New York State Legislature and signed by then-Gov. Andrew Cuomo in March 2021, legalized possession, usage and cultivation of marijuana products and plants. The Act also created the Office of Cannabis Management (OCM) — a regulatory body overseeing adult-use, medical and hemp cannabis. A year later, the City of Binghamton became one of the first municipalities in the state to pass draft zoning legislation for new cannabis-related businesses, according to a press release from Binghamton Mayor Jared Kraham.

Under Binghamton law, three distinct types of marijuana businesses are recognized, including industrial, retail and on-site consumption, all of which are prohibited in residential and commercial neighborhoods and the medical district.

Kraham, who took office in January 2022, emphasized the importance of proactive planning in preparing for cannabis businesses.

“Having that zoning established really allowed for Just Breathe, the cannabis retailer downtown, to come to the table with a quick process,” Kraham said. “Had the City not adopted that zoning legislation quickly in advance of these retailers trying to open, it would have been a legal mess to try to both define a use that didn’t exist in our code, and also have the [Planning Commission] consider a use that has not been defined or regulated by City Council or the Mayor.”

The Council approved the legislation with four votes in favor, one vote against and two members absent. Joe Burns, a city council member, voiced objections to the initial zoning plan. Though he expressed approval about the decriminalization of marijuana, Burns, a Democrat, listed factors behind his opposition — including his past experiences with addiction and the potential impact on drug addicts. Still, however, Burns described Kraham as a “good mayor who does things quickly” and who successfully persuaded the City Council to adopt his cannabis plan.

Just Breathe, New York state’s first licensed cannabis dispensary outside of New York City, originally opened in 2021 selling cannabidiol (CBD) — an “essential” component of medical marijuana derived from the hemp plant, according to Harvard Medical School. It is operated by Damien Cornwell in collaboration with the Broome County Urban League (BUCL), a nonprofit that works to empower communities.

Cornwell, also the League’s director of operations, recounted the regulatory process that preceded Just Breathe’s transition to selling cannabis.

“The City [of Binghamton] was super proactive [and] was one of the first municipalities to act and do the zoning laws in advance of the licensing coming out,” Cornwell said. “But in my world, I still had a lot to do with the OCM and the state, and how that integrates with laws and different practices that are exercised in the municipality. For me, it was still a two-year journey to get everything put together.”

Cornwell noted the social implications of his business, adding that he hoped to build on Binghamton’s culture, which would entice current college students to stay in the area after graduation.

Iris Defino, a sophomore majoring in political science, expressed positive sentiment about Binghamton city officials pioneering recreational marijuana in New York state.

“It is heartening to see places like Just Breathe opening Downtown and to see the support from the community to implement these changes,” Defino wrote. “This is especially valuable given that the criminalization and hyper-policing of marijuana have had a disproportionate impact on [Black, Indigenous and people of color] communities and have fueled the mass incarceration crisis in this country.”

Bianca Van Zile, a sophomore majoring in mathematics, agreed with Defino, and considered the legalization’s broader societal impacts.

“It’s good that they’re decriminalizing marijuana,” Van Zile said. “It’ll be interesting to see how legalizing cannabis will affect drug culture down the road. Will it decrease alcohol use or increase other drug use? Who knows.”