Brookhaven, NY Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Permit needed
- Board of Appeals special permit, § 85-564L,M
- Residential/school buffer
- 500 feet
- Spacing between dispensaries
- 1 mile
- Per-lot limit
- 1 retail + 1 smoking establishment
- Permit lapse
- Void after 12 months, no extension
Summary
Brookhaven did not opt out of retail cannabis: § 85-564 lists a cannabis retail sales establishment and a cannabis indoor smoking establishment as Board of Appeals special permit uses in Industrial Districts, and § 85-569S layers on 500-foot residential and school buffers plus a one-mile spacing rule between dispensaries.
L. Cannabis retail sales establishment. M. Cannabis indoor smoking establishment. ... S. Cannabis retail sales establishments and cannabis indoor smoking establishment. (1) The above uses are prohibited within a 500-foot radius of any residential use or zone. Lands owned by public utilities, publicly owned rights-of-way, railroad rights-of-way, and lands owned by New York State, Suffolk County or the Town of Brookhaven, other than parkland, shall be excluded from the radius calculation herein. (2) The above uses are prohibited within a one-mile radius of another such use. (3) The above uses are prohibited within 500 feet of the lot line of any premises used as or for school grounds, a place of worship, park, playground, public youth facility, playing field, or library. (4) No more than one cannabis retail sales establishment and one cannabis indoor smoking establishment may be located on any lot.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).
Full Breakdown
Chapter 85's Industrial Districts article treats cannabis businesses as special permit, not by-right, uses. Section 85-564L and M list 'Cannabis retail sales establishment' and 'Cannabis indoor smoking establishment' among the uses the Board of Appeals may authorize, subject to the general special-permit criteria in § 85-57A. Section 85-565F separately allows a cannabis indoor smoking establishment as an accessory use to a cannabis retail sales establishment, also by Board of Appeals special permit. ' No more than one retail establishment and one smoking establishment may sit on a single lot, and any indoor smoking establishment must show proof of adequate ventilation and air filtration.
Section 85-561 confirms these are Board of Appeals grants: a special permit for a cannabis retail sales establishment or indoor smoking establishment lapses within 12 months if a building permit is not obtained and substantial construction has not begun, and the Board of Appeals cannot extend that lapsed grant.
Violations & Fines
Operating a cannabis retail sales establishment or indoor smoking establishment without the required Board of Appeals special permit, or outside the buffers in § 85-569S, is a zoning violation under § 85-158: $2,500 to $6,000 for a first offense, $5,000 to $10,000 for a second within five years, and $7,500 to $15,000 plus up to six months for a third within five years.
Frequently Asked Questions
Did Brookhaven opt out of retail cannabis dispensaries?
How far must a Brookhaven dispensary be from a school?
Can two dispensaries operate near each other in Brookhaven?
Sources & Official References
Other rules in Brookhaven
New York rules heatmap·Compare Brookhaven to another location·View the New York cannabis regulations overview
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Dispensary Zoning in Nearby Cities
How other cities in Suffolk County handle dispensary zoning.