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Greenburgh, NY Cannabis Regulations: Dispensary Zoning (2026)

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

Key Facts

What was opted out
On-site cannabis consumption sites only
What was NOT opted out
Retail dispensaries / adult-use sales
Legal basis
MRTA § 131(1)
Adopted
12-13-2021, L.L. No. 1-2022
Referendum status
Subject to it; no valid petition filed
Who enforces
NY Cannabis Control Board licensing

Summary

Greenburgh Code § 335-1 opts the Town out of allowing on-site cannabis consumption sites, licensed lounges where customers could consume cannabis products on the premises, and formally asked the state Cannabis Control Board to withhold that license type under MRTA § 131(1). The Town did not opt out of retail dispensaries, which remain governed by state licensing.

§ 335-1. Local opt-out. The Town Board of the Town of Greenburgh hereby opts out of allowing. on-site cannabis consumption sites from being established and operated within the Town's jurisdiction. In accordance with the New York State Marijuana Regulation and Taxation Act § 131(1), the Town requests the Cannabis Control Board to prohibit the establishment of on-site consumption licenses contained in Article 4 of the New York State Marijuana Regulation and Taxation Act within the jurisdiction of the Town of Greenburgh.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4570580; v39 updated 2025-10-22; through 10-22-2025).

Full Breakdown

Chapter 335, Article I was adopted December 13, 2021 by Local Law No. 1-2022, subject to permissive referendum; no valid petition for a referendum was filed, so it took effect as adopted. on-site cannabis consumption sites from being established and operated within the Town's jurisdiction," and directs that, "in accordance with the New York State Marijuana Regulation and Taxation Act § 131(1), the Town requests the Cannabis Control Board to prohibit the establishment of on-site consumption licenses contained in Article 4" of the MRTA within Greenburgh.

On-site consumption licenses are the category of license the state created for cannabis lounges where patrons can consume product they purchase there. Chapter 335 has only this single article; the code contains no separate opt-out of retail dispensary licenses or adult-use retail sales, meaning those license types remain subject to ordinary MRTA licensing and any applicable Town zoning rather than a local prohibition. Because the Town's decision is a formal request to the state Cannabis Control Board rather than a permit or zoning system it administers itself, there is no local application, fee or hearing process tied to § 335-1; the prohibition operates through the state's licensing authority.

Violations & Fines

Section 335-1 is a state-directed licensing request, not a locally enforced prohibition with its own penalty schedule; the Town Code sets no fine or criminal penalty tied to this section. Enforcement against an unlicensed on-site consumption site would proceed through the state Cannabis Control Board's licensing authority under the MRTA, not a Greenburgh violation citation.

Frequently Asked Questions

Can I open a cannabis lounge in Greenburgh where customers smoke on-site?
No. Section 335-1 opts the Town out of on-site cannabis consumption sites and asked the state Cannabis Control Board to withhold that license type within Greenburgh under MRTA § 131(1).
Did Greenburgh ban retail cannabis dispensaries too?
No. Chapter 335's only article opts out of on-site consumption licenses. It does not opt out of retail dispensary or adult-use sales licenses, which remain available under standard state MRTA licensing.
When did Greenburgh's cannabis opt-out take effect?
The Town Board adopted it December 13, 2021 as Local Law No. 1-2022. It was subject to permissive referendum, but no valid petition requesting one was filed, so it became effective as adopted.

Sources & Official References

Other rules in Greenburgh

All Greenburgh rules

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