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Petition To Slow The Spread Of Cannabis Retailers Presented At Recent Village Of Nyack Board Meeting

By Tina Traster

Seth Marks gambled on the future when some may have thought he must be smoking something funny. But his hunch about the demand for legal cannabis seems to have been right.

By many accounts, Treehouse Cannabis at 28 Route 59 in Nyack, is not only a success, but now others want in. That’s easier said than done given the tough licensure process, not to mention the scarcity of locations in Rockland County where legal cannabis retailers can pitch a tent.

Marks and his family opened Treehouse Cannabis, Rockland County’s first licensed and legal cannabis dispensary, last January with delivery service, and debuted its very mid-century modern “glass house” retail outlet last August.

“Seth is a terrific operator,” said Nyack Mayor Joe Rand. “Treehouse has been a wonderful addition to the Nyack business community. He runs a terrific clean business that provides a service people obviously want.”

Marks was fortunate to own a building in a corridor that Nyack deemed legal for retail cannabis dispensaries.

“I was lucky to have a piece of property that is zoned for the use, and a place where the community doesn’t frown upon,” said Marks, whose building was previously used as a car dealership. The building sits amid a jumble of commercial and industrial uses on the stretch of Route 59 that is beyond the pedestrian part of Nyack’s Main Street (which is Route 59).

“I was fortunate that I don’t have to rent or take out a loan. Real estate aside, however, starting up a cannabis enterprise takes deep pockets, knowledge of the industry, and patience.”

“It took at least $1 million to startup this business,” said Marks, explaining how protracted and complicated the legal and bureaucratic processes are for opening a cannabis retail dispensary. “You can’t have a get rich quick mindset.”

Nearly three years ago, Nyack was one of only a handful of Rockland County municipalities that agreed to allow cannabis dispensaries to operate in its jurisdiction. Every New York State municipality had to decide whether to “opt out” of allowing both or either cannabis dispensaries and/or cannabis lounges. Most in Rockland demurred and passed laws to opt out. Municipalities that didn’t “opt-out” effectively opted-in.

At the time, Nyack, along with Village of Haverstraw, Piermont, Hillburn, and a few Ramapo villages, embraced opening dispensaries as an economic stimulus to the local economy. While these progressive entities envisioned an opportunity to be competitive regionally, most only opted for retail dispensaries.

Treehouse Cannabis has shown Nyack that cannabis can be a win for the Village coffers.

In 2024, the Village netted $136,367 in tax revenue from the cannabis dispensary – even though Treehouse only opened its doors in August.

“If they maintain the pace of sales from the fourth quarter – which yielded $118,000 in tax dollars for the Village  – it’s possible to see about $400,000 in annual tax revenue,” Rand said.

Marks said the business took off from day one, with patrons coming from all corners of the tri-state area.

“Being right on the highway, we benefit from the location because people get off the exit and get right back on,” said Marks, adding that roughly 30 percent of sales are generated from non-Rockland purchases.

Treehouse Cannabis sells a range of high-quality cannabis products, including flower, pre-rolls, edibles, vaporizers, concentrates, topicals, and tinctures. The company supports local agriculture, sourcing their cannabis exclusively from New York farms.

“Trust is a huge factor,” said Marks, speaking about selling cannabis. “This is an industry where there is a lot of distrust.”

What makes things more complex is that illegal cannabis is being peddled in Nyack and throughout Rockland County. Last October, the Piermont Police Department and the Office of Cannabis Management in a joint sting operation shuttered the Hazy Joint on Route 9W where marijuana was being sold illegally.

The retailer was simply one of thousands of illegal marijuana sellers statewide and among a handful peddling illegally in Nyack, adding to the confusion and chaos over New York’s bumpy rollout of legalized weed.

Meanwhile, Nyack is abuzz over the prospect of a medical cannabis dispensary that is planning to occupy the former Starbucks site on the corner of Main and Broadway.

In a tense Village Board meeting last Thursday, punctuated by shouting, and threats of having a resident removed, Nyack residents and others voiced concern over the Village’s zoning code that allows recreational cannabis dispensaries in the Village’s downtown retail corridor.

A petition, signed by more than 800 people, many of whom live outside of Nyack, urged the Village to reject an application from the medical dispensary. The location has been vacant for more than a year.

When the Village opted into cannabis retailing, it originally limited dispensaries to the CC zone (the commercial corridor on Route 59 to the west of the Thruway overpass) where Treehouse is located. In two subsequent decisions, after public hearings, the Village expanded dispensary locations to the DMU-1 and the DMU-2, essentially opening up most of the Village to retail cannabis.

Petitioners implored the Village to reconsider its previous zoning decisions and close downtown to dispensaries; and to revert the geographic area back to the CC zone.

But Rand pushed back, saying that cannabis sales are legal in New York, and views it like selling alcohol and tobacco. Further, the mayor said the board was not inclined to remove retailing from downtown.

Also, at issue is whether the medical dispensary slated to occupy the former Starbucks site is later able to convert to adult use recreational sales.

While the board stands firm over cannabis sales in downtown, it is considering imposing its own “proximity restrictions.” State law limits dispensaries in villages like Nyack from opening if an existing dispensary is within 2,000 feet. However, the state can issue waivers from that limitation and allow multiple dispensaries to open within a shorter distance. To add a layer of protection in the village, the board is considering imposing distance limitations that it deems reasonable. The issue will be discussed on April 24.

Meanwhile, Marks says the prospect of additional dispensaries is good and shows that the product is taking hold.

“We were the first, and that will always give us an advantage,” said Marks. “The more the better. I will stay in my lane. We will focus on being the best and doing right by our customers.”