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Cheektowaga, NY Cannabis Regulations: Dispensary Zoning (2026)

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

Key Facts

Governing law
Local Law No. 1-2025 (3-11-2025)
Permit type
Special use permit, Chapter 260
Operating hours
10:00 a.m. to 8:00 p.m. daily
Permit term
One year, renewable
Civil penalty
Up to $1,000 per day
State license required
NYS Office of Cannabis Management

Summary

Cheektowaga requires every cannabis retail dispensary and on-site consumption business to obtain a Town special use permit before opening. The Town Board, not the state, controls where and when these businesses run, capping hours to 10 a.m. to 8 p.m. daily.

§ 80-2. Permit requirements. A. All establishments that wish to sell cannabis products must obtain a special use permit from the Town consistent with Chapter 260 of the Town Code. ... § 80-4. Extent and parameters of special use permit. ... E. Retail dispensaries may operate only between the hours of 10:00 a.m. to 8:00 p.m. Monday through Sunday. F. In addition to any other conditions imposed by the Town, retail dispensaries cannot operate between the hours of 8:00 p.m. to 10:00 a.m. unless explicitly authorized in writing by the Town. G. On-site consumption sites may operate only between the hours of 10:00 a.m. to 8:00 p.m. Monday through Sunday. H. In addition to any other conditions imposed by the Town, on-site consumption sites cannot operate between the hours of 8:00 p.m. to 10:00 a.m. unless explicitly authorized in writing by the Town.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).

Full Breakdown

Local Law No. 1-2025, effective March 11, 2025, created Chapter 80 of the Town Code to govern cannabis establishments town-wide (outside the Villages of Sloan and Depew). Under § 80-2, any establishment that wants to sell cannabis products must obtain a special use permit consistent with Chapter 260 (the Town's zoning/special-permit chapter), paying the same fee charged for other special use permits. The Town Board reviews each application, may refer it to an advisory committee, and after a public hearing can approve, approve with conditions, or deny the permit; the applicant carries the burden of proof (§ 80-3).

Permits run one year and must be renewed at least 60 days before expiration through the Town Clerk, with the Town Attorney, Police Department, and Code Enforcement/Building Inspector all weighing in on renewal (§ 80-7). , seven days a week, and bars operation outside that window unless the Town explicitly authorizes it in writing. Permits cannot be sold, transferred, or assigned without prior Town Board approval, and lapse if the business closes for more than 12 months. Establishments must also hold a New York State Office of Cannabis Management license and remain subject to Town inspection at any time (§ 80-6).

Grounds for denial include an applicant's prior bad acts, substantiated complaints, or a location likely to harm the surrounding neighborhood (§ 80-5). Because the Town Board enacted a permitting chapter rather than a prohibition, Cheektowaga has not opted out of retail dispensaries or on-site consumption under the state Marihuana Regulation and Taxation Act; it instead licenses them locally under Chapter 80.

Violations & Fines

Operating without the required Town permit or state OCM license triggers immediate closure by the Code Enforcement Office, Building Inspector, or Police Department (§ 80-6E). Courts may impose a civil penalty of up to $1,000 per day of unabated violation after the Town gives notice to abate, payable into the General Town Fund, plus the Town's attorneys' fees and costs, which become a lien on the property (§ 80-9). Permits can also be suspended or revoked after a hearing before a panel of the Police Chief, Town Supervisor, and Senior Codes Enforcement Officer (§ 80-8).

Frequently Asked Questions

Can I open a cannabis dispensary in Cheektowaga without Town approval?
No. Section 80-2 of the Town Code requires a special use permit from the Town Board before any establishment may sell cannabis products, in addition to the required New York State Office of Cannabis Management license.
What hours can a Cheektowaga dispensary operate?
Retail dispensaries and on-site consumption sites may operate only between 10:00 a.m. and 8:00 p.m., Monday through Sunday, under § 80-4E through H, unless the Town explicitly authorizes different hours in writing.
Has the Town of Cheektowaga opted out of allowing cannabis dispensaries?
No. By enacting Chapter 80 to permit and regulate establishments rather than ban them, the Town allows retail dispensaries and on-site consumption sites through the special use permit process described in § 80-2.
How long does a Cheektowaga cannabis special use permit last?
One year. Section 80-7 requires the operator to file a renewal application with the Town Clerk at least 60 days before expiration, and the Town reviews compliance history before renewing.

Sources & Official References

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