Albany County did not opt out of adult-use dispensaries under NY Cannabis Law §131. City of Albany allows dispensaries in mixed-use commercial districts under USDO with 500 ft school/youth buffers. NY OCM licenses retail and enforces NY Cannabis Law §72.
New York's Marijuana Regulation and Taxation Act (MRTA) authorized adult-use dispensaries under NY Cannabis Law Articles 3 and 4. Under §131, municipalities had until December 31, 2021 to opt out of hosting retail dispensaries or on-site consumption lounges; Albany County and the City of Albany did not opt out. Dispensaries are licensed by the NYS Office of Cannabis Management (OCM) under 9 NYCRR Parts 118-120. Buffer distances under 9 NYCRR §119.4 require dispensary locations at least 500 feet from schools and 200 feet from houses of worship. The City of Albany Unified Sustainable Development Ordinance (USDO) permits retail cannabis in MU-NE, MU-CU, MU-DT, and limited commercial districts subject to Planning Board site plan approval. Town of Colonie and Bethlehem permit dispensaries in specified commercial zones with additional local buffers. Security requirements include 24/7 video surveillance, alarm systems, and controlled entry per OCM rules. Hours are set by OCM license (generally 8 AM to 10 PM, not beyond). Advertising restrictions under Cannabis Law §86 prohibit marketing to minors.
Operating without OCM license: Cannabis Law §125 Class E felony. Buffer violations: license denial or revocation. Sales to under-21: Cannabis Law §131 fines up to $10,000 plus license forfeiture. Local zoning violations: Albany USDO §375-5 up to $2,000/day.
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