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Tonawanda, NY Cannabis Regulations: Cannabis Delivery Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Review track
Special use permit plus site plan
Required filing
Energy use plan under § 215-24.14.B(1)
Review criteria
Air quality, wastewater, odor, buffering
Deciding body
Planning Board
Max fine
$250 per day (§ 215-12.2)

Summary

Cannabis distribution, delivery, processing and cultivation businesses in the Town of Tonawanda go through special use permit and site plan review under § 215-24.14.B, not a simple by-right license. Applicants must file an energy use plan and address air quality, wastewater, solid waste and buffering from residential districts before the Planning Board signs off.

§ 215-12.2. Penalties for offenses. ... A. Any violation by a person, firm, or corporation of any provision of this chapter shall be deemed a violation punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both. ... ... § 215-24.14. Marijuana and cannabis uses. ... ... B. Distribution, delivery, processing, cultivation. (1) Production and supplying uses for marijuana and cannabis shall submit an energy use plan as part of special use permit and site plan review. The energy use plan shall include an electrical system overview, proposed energy demand, ventilation system and air quality, proposed water system and utility demand. The plan shall also indicate how the operation will implement best practices for energy consumption to reduce demand on public infrastructure. (2) Additional review criteria to be considered as part of special use permit and site plan review include air quality impacts, wastewater management, solid waste disposal, odors, and buffering from residential districts and uses.

Full Breakdown

Section 215-24.14.B of the Zoning Law treats cannabis distribution, delivery, processing and cultivation as a distinct track from retail dispensaries under Subsection A. Any production or supplying use in these categories must submit an energy use plan as part of its special use permit and site plan review application. That plan has to include an electrical system overview, the proposed energy demand, the ventilation system and air quality controls, the proposed water system and utility demand, and a description of the best practices the operator will use to hold down demand on public infrastructure.

The Planning Board's review does not stop at energy: § 215-24.14.B(2) lists additional criteria the Board must weigh, including air quality impacts, wastewater management, solid waste disposal, odor control, and buffering from residential districts and uses. Because the Town did not opt out of licensed cannabis activity under New York State Cannabis Law (its Chapter 59 opt-out reaches only on-site consumption sites), a cultivation, processing or delivery operator can locate in the Town, but only after clearing this special use and site plan process the same way a dispensary clears Subsection A.

The Code Enforcement Officer administers Chapter 215 enforcement, and the Planning Board holds the public hearing on the special use permit application before any cannabis production, delivery or distribution use may begin operating on the site.

Violations & Fines

A distribution, delivery, processing or cultivation use that opens without the required special use permit and site plan review, or without the mandated energy use plan, is operating in violation of Chapter 215. Section 215-12.2 makes any Zoning Law violation punishable by a fine up to $250, imprisonment up to 15 days, or both, with each day treated as a separate offense the Code Enforcement Officer can cite.

Frequently Asked Questions

Does the Town of Tonawanda allow cannabis cultivation or delivery businesses?
Yes, but only through special use permit and site plan review under § 215-24.14.B. The Town's only cannabis opt-out, under Chapter 59, covers on-site consumption lounges, not cultivation, processing or delivery uses.
What must a cannabis delivery or cultivation applicant submit?
An energy use plan covering the electrical system, energy demand, ventilation and air quality, and water and utility demand, plus materials addressing wastewater management, solid waste disposal, odor control and buffering from residential districts.
Who reviews a cannabis cultivation or delivery site plan in Tonawanda?
The Planning Board reviews the special use permit and site plan application, and the Code Enforcement Officer enforces Chapter 215 once the use is operating.

Sources & Official References

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