Hamburg Village, NY Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Status
- Opted out of retail dispensaries and on-site consumption sites
- Decision-maker
- Board of Trustees of the Village of Hamburg
- Authority cited
- Marijuana Regulation and Taxation Act § 131
- Request made to
- Cannabis Control Board
- Effective
- Immediately upon filing with the Secretary of State
- Code location
- Chapter 134, Article I
Summary
The Board of Trustees of the Village of Hamburg has opted out of allowing cannabis retail dispensaries and on-site cannabis consumption sites within the village. Chapter 134 asks the Cannabis Control Board to prohibit both license types in the Village of Hamburg.
§ 134-1. Legislative intent. ... It is the intent of the Village of Hamburg to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites in the Village of Hamburg that would otherwise be allowed under the New York State Marijuana Regulation and Taxation Act. § 134- ... 3. Local opt-out. The Board of Trustees of the Village of Hamburg hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established and operated within the Village's jurisdiction. In accordance with the New York State Marijuana Regulation and Taxation Act § 131 (1), the Village requests the Cannabis Control Board to prohibit the establishment of retail dispensary licenses and on-site consumption licenses contained in Article 4 of the New York State Marijuana Regulation and Taxation Act within the jurisdiction of the Village of Hamburg.
Full Breakdown
Chapter 134, Cannabis, Article I of the Code of the Village of Hamburg is titled Retail Dispensaries and On-Site Consumption Sites. Section 134-1 states the intent of the Village of Hamburg to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites that would otherwise be allowed under the New York State Marijuana Regulation and Taxation Act.
Section 134-2 identifies the authority: the article is adopted pursuant to Marijuana Regulation and Taxation Act § 131, which expressly authorizes the Board of Trustees to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of adult-use retail dispensary licenses and on-site consumption licenses within the jurisdiction of the Village of Hamburg.
Section 134-3 is the operative opt-out. The Board of Trustees of the Village of Hamburg opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established and operated within the Village's jurisdiction. In accordance with the Act's § 131 (1), the Village requests the Cannabis Control Board to prohibit the establishment of retail dispensary licenses and on-site consumption licenses contained in Article 4 of the Act within the jurisdiction of the Village of Hamburg.
The article has a severability clause in § 134-4, so an invalid clause or paragraph does not undo the rest. Under § 134-5 it took effect immediately upon filing with the Secretary of State.
The opt-out is village law only. The Town of Hamburg surrounds the village and is a separate jurisdiction with its own code, so this chapter does not speak for the Town. Chapter 134 deals with the two license types named above and does not print a zoning district, distance rule or fee schedule for dispensaries.
Violations & Fines
Chapter 134 prints no penalty clause of its own. Its operative step is the request in § 134-3 that the Cannabis Control Board prohibit retail dispensary licenses and on-site consumption licenses within the Village of Hamburg, so enforcement of a license ban rests with that Board and not with a village fine schedule.
Frequently Asked Questions
Can a cannabis dispensary open in the Village of Hamburg?
Who decided the Village of Hamburg would opt out?
Which licenses does the opt-out cover?
Does the Town of Hamburg opt-out apply in the village?
Sources & Official References
Other rules in Hamburg Village
New York rules heatmap·Compare Hamburg Village to another location·View the New York cannabis regulations overview
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