Southampton, NY Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Governing section
- Town Code § 330-162.26
- Local law adopted
- L.L. No. 15-2023, 4-11-2023
- Review body
- Planning Board site plan approval
- State license required
- NYS Office of Cannabis Management license
- Drive-thru windows
- Prohibited outright
- Signage cap
- Maximum two exterior signs
Summary
In the Town of Southampton outside the villages, nonmedical cannabis dispensaries are a permitted zoning use, not a banned one: Town Code § 330-162.26 sets special-use standards rather than the Town Board opting out under the state's cannabis law. Applicants need Planning Board site plan approval, a possible traffic impact analysis, community-conforming architecture, and a New York State Office of Cannabis Management license before the Town issues a certificate of occupancy.
§ 330-162.26. Nonmedical cannabis dispensary. ... The Planning Board may request a traffic impact analysis prepared by a qualified professional demonstrating that the existing roadway network in the area of the proposed dispensary will be able to safely absorb the additional traffic that the dispensary is expected to generate. ... The overall appearance and layout of the nonmedical cannabis dispensary, including both the building and the site, as well as the operation thereof, shall be designed to be in conformity with the character of the community in which it is located. Generic and standard architectural design derivatives of national or regional chains shall not be permitted. ... A nonmedical cannabis dispensary shall submit evidence that all necessary licenses and/or permits have been obtained from the New York State Office of Cannabis Management (OCM) prior to the issuance of a certificate of occupancy and/or change of tenancy permit.
Full Breakdown
Southampton Town Code § 330-162.26, added by Local Law No. 15-2023, shows the Town did not opt out of retail cannabis sales: instead of a ban, the Zoning Code lists 'Nonmedical cannabis dispensary' among the additional regulations for specific uses in Article XXI, alongside the Town's separate medical marijuana dispensary standards at § 330-162.22. Before the Planning Board approves a site, it may require a traffic impact analysis from a qualified professional showing the roadway network can safely absorb the added traffic. Design must be in conformity with the character of the community, banning generic chain-store architecture and requiring facade materials, roofs, windows, doors, lighting, landscaping and signage that match the vernacular of the hamlet where the store sits.
Parking must meet the Planning Board's retail-use requirements, a pedestrian circulation plan can be required, outdoor speakers and public address systems are prohibited, and drive-thru windows are banned outright. Exterior signage is capped at two signs, must comply with the Town's Sign Code at §§ 330-200 through 330-210.1 and with the state Office of Cannabis Management's Part 129 marketing rules, and cannot use cannabis imagery or colloquial references. Before the Town issues a certificate of occupancy or change-of-tenancy permit, the operator must show it holds all required New York State Office of Cannabis Management licenses, posted conspicuously near the exit, and must run a commercial-grade security system under OCM Part 125 standards to prevent theft or diversion.
Violations & Fines
Operating or approving a nonmedical cannabis dispensary that violates § 330-162.26's site plan, buffer or licensing standards is a Chapter 330 zoning violation under § 330-186: a fine up to $1,000 or six months in jail for a first offense, $500 to $1,500 for a second offense within five years, and $1,500 to $2,500 for a third, with each week of continued violation a separate offense and the Building Inspector able to certify the property to block further permits.
Frequently Asked Questions
Did the Town of Southampton opt out of cannabis retail sales?
What does the Planning Board look at before approving a dispensary?
Can a Southampton dispensary have a drive-thru or outdoor speakers?
What state approval does a dispensary still need?
Sources & Official References
Other rules in Southampton
New York rules heatmap·Compare Southampton to another location·View the New York cannabis regulations overview
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How other cities in Suffolk County handle dispensary zoning.