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North Hempstead, NY Cannabis Regulations: Buffer Zones (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
No. Section 70-201.11B bars any building 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 of marijuana.
How far must a medical marijuana dispensary stay from a school?
At least 1,000 feet, measured from the dispensary's nearest outside wall to the lot or zone boundary, per § 70-201.12D(1) and (4). The same 1,000-foot buffer applies to day-care centers, parks and places of worship.
How many medical marijuana dispensaries can operate Townwide?
No more than two at any given time, per § 70-201.12C, and each must sit in an Industrial-A, Industrial-B, Planned Industrial Park, Modified Planned Industrial Park or Hospital district building that also houses a doctor's office.

Sources & Official References

Other rules in North Hempstead

All North Hempstead rules

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