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New Rochelle, NY Cannabis Regulations: Dispensary Zoning (2026)

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

Key Facts

Governing section
§ 331-47A(15)-(16), DMU District
Location requirement
Ground floor, enclosed building
State license required
NYS Office of Cannabis Management
Dispensary hours
Liquor Store Hours (ABC Law §105)
Consumption lounge hours
Restaurant/Bar/Tavern, not past 11 p.m.
Extended hours option
Planning Board special permit, §331-115.7
Added by
Ord. No. 2025-19 (1-21-2025)

Summary

New Rochelle opted in to retail cannabis and zones Adult-Use Cannabis Retail Dispensaries as a permitted principal use in the Downtown Mixed Use District. Zoning Code § 331-47A(15) requires ground-floor placement inside an enclosed building and state Office of Cannabis Management licensing, operating during Liquor Store Hours.

Adult-use cannabis retail dispensary located entirely within the ground floor of an enclosed building, subject to Liquor Store Hours, and as licensed by the New York State Office of Cannabis Management. ... Adult on-site cannabis consumption lounges located entirely within the ground floor of an enclosed building, operating during Restaurant, Bar and Tavern Hours, but not later than 11:00 p.m., and as licensed by the New York State Office of Cannabis Management.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4601407; v60 updated 2025-12-02; through 12-02-2025).

Full Breakdown

New Rochelle did not opt out of retail cannabis under the state Cannabis Law. Chapter 331's DMU Downtown Mixed Use District use table lists an "Adult-use cannabis retail dispensary" as a permitted principal use at § 331-47A(15), on the condition that it sits "entirely within the ground floor of an enclosed building," operates during "Liquor Store Hours," and is "licensed by the New York State Office of Cannabis Management." Liquor Store Hours is a defined term in § 331-4: the hours a State Liquor Authority off-premises liquor and wine licensee may be open in Westchester County under Alcoholic Beverage Control Law § 105, so a dispensary's clock follows the same schedule as a neighborhood liquor store rather than a separate cannabis-specific hours rule.

Subsection (16) of the same use table adds "Adult on-site cannabis consumption lounges" as a second permitted principal use, again ground floor only, but tied to "Restaurant, Bar and Tavern Hours" and capped at "not later than 11:00 p.m." A lounge that wants to stay open past 11:00 p.m. can seek a special permit for extended hours under § 331-115.7, added by Ordinance No. 2025-19 on January 21, 2025, which lets the Planning Board match the hours the State Liquor Authority allows Westchester County restaurants, bars, and taverns to keep. The identical ground-floor, OCM-licensed use language for both dispensaries and consumption lounges recurs word for word in New Rochelle's other downtown and mixed-use district use tables, so the permitted-use track is not limited to a single zone.

Violations & Fines

Operating a cannabis retail dispensary or on-site consumption lounge above the ground floor, in a district whose use table doesn't list it, or without New York State Office of Cannabis Management licensing violates § 331-47A and draws Building Official enforcement, including denial or revocation of a certificate of occupancy; a lounge open past 11:00 p.m. without the § 331-115.7 special permit is also in violation.

Frequently Asked Questions

Did New Rochelle opt out of cannabis retail dispensaries?
No. New Rochelle opted in. Section 331-47A(15) lists an "Adult-use cannabis retail dispensary" as a permitted principal use in the Downtown Mixed Use District, provided it sits on the ground floor of an enclosed building and holds a state Office of Cannabis Management license.
What hours can a New Rochelle dispensary operate?
Dispensaries operate during "Liquor Store Hours," defined in § 331-4 as the hours State Liquor Authority off-premises liquor and wine licensees may be open in Westchester County under Alcoholic Beverage Control Law § 105.
Can I consume cannabis on-site at a New Rochelle dispensary?
Only at a separately licensed adult on-site cannabis consumption lounge, permitted under § 331-47A(16) on the ground floor of an enclosed building, operating during Restaurant, Bar and Tavern Hours but not later than 11:00 p.m., unless the Planning Board grants extended hours under § 331-115.7.

Sources & Official References

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