Buffalo did not opt out of adult-use cannabis retail under MRTA, so licensed dispensaries can operate subject to state buffers and local zoning as special use in commercial districts.
Under MRTA, New York municipalities had until December 31, 2021 to opt out of allowing adult-use cannabis retail dispensaries and/or on-site consumption lounges. Buffalo did not opt out, so licensed dispensaries may operate. State law (Cannabis Law §72) imposes buffers: 200 feet from houses of worship and 500 feet from schools. Retail licenses are issued by the Office of Cannabis Management (OCM). Buffalo zoning (Green Code UDO) treats dispensaries as a use permitted in specified commercial and mixed-use districts, often with special use permit review. Local approval addresses signage, hours, security, and traffic. Medical dispensaries operate under separate rules. Smoking in public generally permitted where tobacco is but not in vehicles.
Operating without state license: felony. Zoning/buffer violation: city enforcement, possible loss of local approval.
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See how Buffalo's dispensary zoning rules stack up against other locations.
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