Skip to main content
CityRuleLookup

Hamburg Village, NY Cannabis Regulations: Dispensary Zoning (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 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?
Not under the village's stated position. Section 134-3 opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites within the Village's jurisdiction, and it asks the Cannabis Control Board to prohibit those license types in the Village of Hamburg.
Who decided the Village of Hamburg would opt out?
The Board of Trustees of the Village of Hamburg. Section 134-2 says the article is adopted pursuant to Marijuana Regulation and Taxation Act § 131, which authorizes the Board of Trustees to adopt a local law requesting that the Cannabis Control Board prohibit the license types.
Which licenses does the opt-out cover?
Section 134-3 covers retail dispensary licenses and on-site consumption licenses contained in Article 4 of the New York State Marijuana Regulation and Taxation Act. The chapter's title, Retail Dispensaries and On-Site Consumption Sites, names the same two categories.
Does the Town of Hamburg opt-out apply in the village?
This page covers only the Village of Hamburg's Chapter 134, adopted by its Board of Trustees. The Town of Hamburg is a separate jurisdiction surrounding the village with its own code, so the village's opt-out and the Town's decision are different local actions.

Sources & Official References

Other rules in Hamburg Village

All Hamburg Village rules

New York rules heatmap·Compare Hamburg Village to another location·View the New York cannabis regulations overview

Get notified when Dispensary Zoning in Hamburg Village, NY changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

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.

Buffalo, NY
Significant Restrictions