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Southampton, NY Cannabis Regulations: Dispensary Zoning (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
No. Rather than banning the use, the Town Board adopted § 330-162.26 in 2023 to set zoning standards for a nonmedical cannabis dispensary as a specific use, meaning dispensaries can be approved outside the villages through Planning Board site plan review.
What does the Planning Board look at before approving a dispensary?
Under § 330-162.26 the Planning Board may require a traffic impact analysis showing the roadway network can safely absorb added traffic, must confirm the architecture matches the character of the hamlet rather than a generic chain look, and reviews parking, pedestrian circulation and signage against the Town's retail-use standards.
Can a Southampton dispensary have a drive-thru or outdoor speakers?
No. Section 330-162.26 prohibits drive-thru windows outright and bans outdoor speakers, outdoor music and public address systems at nonmedical cannabis dispensaries, on top of capping exterior signage at two signs that must meet the Town's Sign Code and the state's OCM marketing rules.
What state approval does a dispensary still need?
Before the Town will issue a certificate of occupancy or change-of-tenancy permit, § 330-162.26 requires the operator to show it has obtained all necessary licenses from the New York State Office of Cannabis Management and to post them conspicuously near the exit.

Sources & Official References

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