North Hempstead, NY Cannabis Regulations: Buffer Zones (2026)
Key Facts
- Governing sections
- § 70-201.11 (ban) and § 70-201.12 (buffers)
- Recreational marijuana retail
- Prohibited Townwide
- School/day-care/park/worship buffer
- 1,000 feet
- Residential district buffer
- 500 feet
- Town-wide dispensary cap
- No more than 2 at a time
- Permitted hours
- 9:00 a.m. to 9:00 p.m.
- First violation fine
- $500 to $1,000
Summary
North Hempstead bans recreational marijuana retail stores, dispensaries and on-site consumption sites Townwide, and confines the two medical marijuana dispensaries it allows to keep at least 1,000 feet from any school, day-care center, park or place of worship, and 500 feet from residentially zoned land.
D. Prohibited locations. (1) A medical marijuana dispensary may not be located within 1,000 feet of any of the following: (a) A school; or (b) A child day-care center; or (c) A park; or (d) A place of worship, regardless of denomination. (2) A medical marijuana dispensary may not be located within 500 feet of a Town of North Hempstead zoning district permitting any residential use... (4) The required minimum distances stated in this Subsection D shall be measured from the outside wall of the medical marijuana dispensary nearest to the nearest lot or zone boundary of the location away from which the medical marijuana dispensary is to be located.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).
Full Breakdown
Article XXID, added in 2018, splits marijuana regulation into an outright prohibition and a narrow medical carve-out. 11 bars any building, structure or premises in any use district from operating as a marijuana retail store, dispensary or on-site consumption site for nonmedical sale, distribution or consumption, and separately bars a licensed medical dispensary site from also being used for recreational sales. 12 then permits medical marijuana dispensaries, but only in the Industrial-A, Industrial-B, Planned Industrial Park, Modified Planned Industrial Park or Hospital zoning districts, and only inside a building that also houses at least one doctor's office.
The Department of Building Safety, Inspection and Enforcement cannot approve a dispensary until its operator has state authorization under Article 33 of the Public Health Law and 10 NYCRR Part 1004, and the Town caps the total at no more than two medical marijuana dispensaries at any one time. Subsection D bars any dispensary from locating within 1,000 feet of a school, child day-care center, park or place of worship, and within 500 feet of a zoning district permitting residential use, measured from the outside wall of the dispensary nearest the boundary in question, subject to narrow carve-outs for the Hospital District's own staff housing, a Town solid-waste site in an R-AAA zone, and an adjoining Residential Open Space zone. hours, bar on-site consumption, and exclude anyone under 18 unless they are a patient, caregiver, or accompanied by a parent or guardian.
Violations & Fines
Section 70-201.15 sets a dedicated penalty: a fine of $500 to $1,000 for a first violation of Article XXID, and $1,000 to $5,000 for each violation within three years of the first. The Town Board can also revoke a dispensary's certificate of occupancy through the § 70-223.1 procedure once it learns the site is being used contrary to the article, on top of any state penalties for illegal marijuana sale or dispensing.
Frequently Asked Questions
Can a recreational cannabis dispensary open in North Hempstead?
How far must a medical marijuana dispensary stay from a school?
How many medical marijuana dispensaries can operate Townwide?
Sources & Official References
Other rules in North Hempstead
New York rules heatmap·Compare North Hempstead to another location·View the New York cannabis regulations overview
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