BY JEFF CHUDZINSKI
North Country This Week

MASSENA — A marijuana dispensary has opened in the contested “Massena square mile” area of the village, though the legality of doing so appears to be in a gray area.

According to Code Enforcement Secretary James Caruso, the village is aware of the business operating at the location on Center Street, however he said his office only issued a permit to operate a tobacco shop on the premises.

“As far as the specifics go in regards to the business type, we don’t do that sort of permitting. If you want to sell firearms, tobacco, alcohol or open a restaurant, there are other licensing bodies that oversee the specific industries and give approval,” he said.

The permit issued to the business called Famous A’s is simply to be able to legally have a business at the location, Caruso said.

Police Chief Jason Olson also confirmed his department was aware of the situation, however they are still awaiting final word from the New York Office of Cannabis Management.

“We have spoken to the owners and referred the matter to the Office of Cannabis Management. They’re launching a state level investigation into the matter, so really it’s in their hands at this point,” Olson said.

According to Olson, the state is looking into a number of unlicensed cannabis dispensaries throughout the state, however the situation with Famous A’s is quite different since the owner was issued a tribal license to sell cannabis.

Mayor Greg Paquin also spoke to the matter, calling the business an illegal dispensary that knows full well it is doing is wrong.

“To be honest, I’m very disappointed that the group who own the business are knowingly conducting an illegal business. And moreso, I’m disappointed that the owner of the property is knowingly allowing such business to be conducted there,” Paquin said.

According to Paquin, the business in question has been selling stickers with an equal monetary value that corresponds to a specific amount of marijuana, which is then “gifted” to the individual who purchased the sticker.

Some say it allows the business to circumvent the law. A recent advertisement by the business in a local sales paper details a number of specials, seemingly not hiding the fact that it is marijuana being purchased outright.

To date, no marijuana dispensaries in New York are operating with a state license for distribution due to numerous delays from the Office of Cannabis Management. The St. Regis Mohawk Tribe has taken steps to issue a number of licenses for growers and dispensaries on the reservation, however.

Paquin also addressed the issue of the Square Mile, which some say allows for such business to be conducted there.

“If someone thinks they can sell marijuana in that area, I have bad news for them, they’re sorely mistaken. The Massena Square Mile was removed from the land claim lawsuit in 2013. The only areas in question currently are in Bombay and Fort Covington,” he continued.

A memorandum of understanding was signed in 2014 between St. Lawrence County and the St. Regis Mohawk Tribe, however some factions still contest the land in the Massena village, as well as a number of islands in the Federal corridor.

Former Village Mayor Tim Ahfeld and current Mayor Greg Paquin have both said in the past that the village welcomes new businesses who comply with code enforcement and permitting regulations, however both say a level playing field is essential to ensuring businesses have an opportunity to grow.

With up to four businesses now selling what they claim to be tax free cigarettes in the Square Mile, other businesses outside of that zone may soon feel the crunch with customers opting to purchase their tobacco products at a fairly substantial discount.

Village officials previously said the issue of specific licensing and taxation are out of their hands and enforcement falls to the state in these matters.

“As far as property tax, land tax, school tax, all of those properties are paid up. But if they are not remitting sales tax, that is up to the New York State Department of Taxation to enforce. If these businesses are not paying that tax, I know the state is aware of that fact,” Paquin said.

It is unclear what action, if any, the state will take on the matter at this time.