Clarkstown, NY Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Opt-out covers
- retail dispensaries + on-site consumption sites
- Legal basis
- Cannabis Law § 131
- Adopted
- 12-14-2021 by L.L. No. 4-2021
- Process
- subject to referendum on petition, MHRL § 24
- Does not cover
- personal possession/home cultivation (state law governs)
Summary
Clarkstown has opted out of the MRTA statewide licensing scheme entirely: Town Code § 93-16 bars any adult-use cannabis retail dispensary or on-site consumption site from being established or operated anywhere in the Town. The opt-out was adopted under Cannabis Law § 131 and was subject to a permissive referendum.
§ 93-15. Authority. This article is adopted pursuant to Cannabis Law § 131 which expressly authorizes the Town Board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law § 24.
§ 93-16. Local opt-out. The Town Board of the Town of Clarkstown hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established and operated within the Town's jurisdiction.
Full Breakdown
L. No. 4-2021, is titled "A Local Law Opting Out of Adult Use Cannabis Marihuana Retail Dispensers and On-Site Consumption Sites" (§ 93-13). " § 93-15 grounds that choice in Cannabis Law § 131, which lets a municipality request the state Cannabis Control Board to prohibit those license types within its jurisdiction, and notes the process is governed by Municipal Home Rule Law § 24. § 93-17 is a standard severability clause, and § 93-18 confirms the local law was subject to a referendum on petition under Cannabis Law § 131 and MHRL § 24 rather than taking effect automatically.
Because the opt-out runs through the state's own licensing statute, the practical effect is that the New York State Office of Cannabis Management will not issue a retail dispensary or on-site consumption license for a Clarkstown address; the Town did not separately amend its zoning code (Chapter 290) to name cannabis retail as a prohibited use, since the state licensing block accomplishes the same result.
Violations & Fines
Because Article III forecloses licensing rather than penalizing conduct, there is no local fine schedule in this article. A business that opened a dispensary or on-site consumption site without a state license would be operating unlawfully under the Cannabis Law itself, which is enforced by the state Office of Cannabis Management, and could separately face a Town zoning enforcement action for operating an unpermitted commercial use.
Frequently Asked Questions
Can I open a legal cannabis dispensary in Clarkstown?
Does the opt-out also ban possessing or growing cannabis at home?
Could Clarkstown later opt back in and allow dispensaries?
Sources & Official References
Other rules in Clarkstown
New York rules heatmap·Compare Clarkstown to another location·View the New York cannabis regulations overview
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