Adult-use cannabis dispensaries and on-site consumption lounges may operate in New York under state licenses. Under MRTA, Suffolk County municipalities had until Dec 31, 2021 to opt out of retail dispensaries and consumption sites. Many Suffolk towns opted out including Smithtown, Islip, Huntington, Oyster Bay area villages, and numerous incorporated villages. Towns that did not opt out, such as Brookhaven, Southampton, East Hampton, and Riverhead, permit dispensaries subject to zoning.
Cannabis Law 131 allowed municipalities (cities, towns, villages) a one-time opt-out by local law by Dec 31, 2021. Those that opted out can opt back in by local law at any time (no deadline), but towns that did not opt out by the deadline cannot opt out later. Brookhaven permits dispensaries in specified commercial zones with buffers from schools, youth facilities, and other dispensaries (typically 500-1,000 ft). Southampton Town limits dispensaries to J Business Districts. East Hampton allows dispensaries in Central Business zones. Riverhead permits in Business Center. Opt-out towns still allow delivery and adult personal use. Office of Cannabis Management (OCM) issues licenses. Social equity CAURD licensees had priority. Local zoning sign and operational restrictions apply.
Operating without OCM license: criminal charges, Cannabis Law 137. Zoning violation (buffer, zone): 500-5,000 dollars per day. Opt-out town operation: cease and desist, state license revocation.
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