Cheektowaga, NY Cannabis Regulations: Dispensary Zoning (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.
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?
What hours can a Cheektowaga dispensary operate?
Has the Town of Cheektowaga opted out of allowing cannabis dispensaries?
How long does a Cheektowaga cannabis special use permit last?
Sources & Official References
Other rules in Cheektowaga
New York rules heatmap·Compare Cheektowaga to another location·View the New York cannabis regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Dispensary Zoning in Nearby Cities
How other cities in Erie County handle dispensary zoning.