Showing ordinances that apply to South Hempstead, NY
South Hempstead is an unincorporated community (population 3,406) in Nassau County, New York. Because South Hempstead is not an incorporated city, it does not have its own municipal code. Instead, Nassau County ordinances apply directly to properties here. The dispensary zoning rules below are the ones that govern your area.
Under NY MRTA, Nassau County cities, towns, and villages had until December 31, 2021 to opt out of retail dispensaries and on-site consumption lounges. A majority of Nassau municipalities opted out, including most villages and the Towns of Hempstead, North Hempstead, and Oyster Bay.
NY Cannabis Law 131 gave municipalities a one-time opt-out window through December 31, 2021. Towns of Hempstead, North Hempstead, and Oyster Bay all adopted opt-out local laws, as did the vast majority of Nassau incorporated villages. Opt-out is subject to permissive referendum (voters can petition for a vote to overturn). Municipalities that opted out can opt back in by local law at any time, but cannot opt out later. State Office of Cannabis Management (OCM) licenses dispensaries with 1,000-foot separation from schools and 500 feet from houses of worship under 9 NYCRR 123.3. Zoning can further restrict location to industrial or commercial zones. Opt-out does not affect home cultivation or possession.
Unlicensed dispensaries subject to OCM injunctive action, 10,000 dollar per day civil penalties, and felony charges under Cannabis Law 132. Zoning violations: municipal fines plus closure.
See how South Hempstead's dispensary zoning rules stack up against other locations.
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