Why Huntington Has Some of the Strictest Cannabis Regulations in the State

Every city handles cannabis regulations a little differently. In Huntington, New York, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Dispensary Zoning

The Town of Huntington opted out entirely of cannabis retail dispensaries and on-site consumption sites under Local Law No. 2-2022, adopted December 14, 2021. No such license can operate anywhere within the town's jurisdiction, using the opt-out authority New York's Cannabis Law gives every town, city and village.

Key details: Opt-out adopted: Dec. 14, 2021 (L.L. No. 2-2022). Covers: Retail dispensaries, on-site consumption. Authority: NY Cannabis Law § 131. Referendum: Permissive; no petition filed. Effective: Immediately upon state filing.

Chapter 90 sets no Town penalty schedule of its own because the opt-out simply removes Huntington from the list of places the state Cannabis Control Board may license: no local violation exists to prosecute unless a dispensary operates without any state license at all, which is enforced by the state Office of Cannabis Management, not the Town of Huntington.

This is one of the stricter rules in Huntington's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Home Cultivation

Huntington's zoning code makes it illegal to grow cannabis anywhere in town, home gardens included. Town Code Section 198-10(K) bars using any land, building, structure or premises to plant, cultivate, harvest, dry, process or sell recreational cannabis, a flat prohibition adopted in 2019 and tightened in 2021 that applies townwide, regardless of which residential district a lot sits in, with no carve-out for a resident's own backyard.

Key details: Governing section: Town Code § 198-10(K). Adopted: 8-6-2019, L.L. No. 45-2019. Amended: 12-14-2021, L.L. No. 66-2021. Scope: All land, buildings, premises townwide. Enforcing agency: Building Inspector, Dept. of Engineering Services.

A cannabis grow discovered on residential or commercial property is treated as an illegal, unpermitted zoning use rather than a code-maintenance issue. The Building Inspector's office can issue a violation notice ordering the plants and any related structures removed, and can pursue the same enforcement and legal remedies the Zoning Code authorizes for any other unpermitted use, including referral for prosecution in Town courts. Because Section 198-10 restrictions apply chapter-wide, a cultivation violation is enforced the same way as any other unlawful use under Article II of the Zoning Code.

This is not one of those rules that cities tend to ignore. Huntington actively enforces its home cultivation requirements.

The Bottom Line

Huntington is tougher than many cities when it comes to cannabis regulations. Out of the 2 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Huntington, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from Huntington's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.