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Southampton Village, NY Cannabis Regulations: Dispensary Zoning (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Status
Opted out of retail dispensaries and on-site consumption establishments
Adopted
12-23-2021 by L.L. No. 9-2021
Authority cited
Cannabis Law § 131 (Village Code § 48-2)
Decided by
Board of Trustees of the Village of Southampton
Referendum
No valid petition was filed (editor's note to § 48-5)
Effective
Immediately upon filing with the Secretary of State

Summary

In the Village of Southampton, the Board of Trustees opted the village out of retail cannabis dispensaries and on-site cannabis consumption establishments by Local Law No. 9-2021, adopted 12-23-2021 and codified as Chapter 48 of the Village Code. Section 48-3 also asks the State of New York and the NYS Cannabis Control Board to refuse any such license inside village boundaries.

The Board of Trustees of the Village of Southampton hereby opts out of licensing and establishing cannabis retail dispensaries and/or cannabis on-site consumption establishments within its boundaries. Furthermore, the Village of Southampton hereby requests that the State of New York and/or the NYS Cannabis Control Board (and/or any other governmental agency authorized to issue such license) prohibit the establishment of any retail dispensary and/or on-site consumption by refusing to grant any such license (which would otherwise permit the sale and/or consumption of cannabis) within the Village of Southampton.

Full Breakdown

Chapter 48, Article I of the Southampton Village Code is titled Cannabis Retail Dispensary and On-Site Consumption Establishment Opt-Out and was adopted 12-23-2021 as L.L. No. 9-2021. Section 48-1 states the intent in one sentence: to opt the Village of Southampton out of hosting retail cannabis dispensaries and/or on-site cannabis consumption establishments within its boundaries. Section 48-2 names the authority, Cannabis Law § 131, which the village code describes as expressly authorizing villages to opt out of allowing those two license types to locate and operate within their boundaries.

The operative text is § 48-3. The Board of Trustees opts out of licensing and establishing both types of business, and the village also requests that the State of New York and the NYS Cannabis Control Board, or any other governmental agency authorized to issue the license, refuse to grant any license that would permit the sale or consumption of cannabis within the Village of Southampton. The village therefore asks the licensing agency to withhold the license. Chapter 48 does not set a buffer distance, hours of operation or a local permit scheme for dispensaries, because the article stops at the opt-out.

Section 48-4 is a severability clause: if a court finds a clause, sentence, paragraph, subdivision or part of the article invalid or unconstitutional, the court's order is confined to that part and the remainder stands. Section 48-5 makes the article effective immediately upon filing with the Secretary of State, subject to the citizens' right to seek a permissive referendum under General Municipal Law § 24. The editor's note in the eCode360 text records that no valid petition was filed.

The article is limited to retail dispensaries and on-site consumption establishments, and it applies inside the incorporated Village of Southampton, which is a separate government from the surrounding Town of Southampton.

Violations & Fines

Chapter 48 prints no penalty clause of its own, because the opt-out works through licensing: the Board of Trustees asks the State of New York and the NYS Cannabis Control Board to refuse any retail dispensary or on-site consumption license in the village. Separately, Code § 1-17 caps a violation of the Village Code at a fine not exceeding $2,000 or imprisonment not exceeding 15 days, or both, and each day of a continuing violation is a separate offense.

Frequently Asked Questions

Can a cannabis dispensary open in the Village of Southampton?
Section 48-3 opts the village out of licensing and establishing retail cannabis dispensaries and on-site consumption establishments within its boundaries. The same section requests that the State of New York and the NYS Cannabis Control Board refuse to grant any such license in the village. The code text is the village's opt-out plus that request to the licensing agency.
When did the Southampton Village opt-out take effect?
The Board of Trustees adopted it 12-23-2021 as L.L. No. 9-2021. Section 48-5 says the article takes effect immediately upon filing with the Secretary of State, subject to the citizens' right to seek a permissive referendum under General Municipal Law § 24. The editor's note in the code records that no valid petition was filed.
Does the opt-out cover on-site consumption lounges too?
Yes. The title of Article I, the statement of intent in § 48-1 and the operative language of § 48-3 each name both retail dispensaries and on-site cannabis consumption establishments. The article does not address any other kind of cannabis business, so its reach is limited to those two license types.
What state law lets the village opt out?
Section 48-2 says the article is adopted pursuant to Cannabis Law § 131, which the village code describes as expressly authorizing villages to opt out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments to locate and operate within their boundaries. The village code itself carries that citation.
What happens if a court strikes part of the article?
Section 48-4 provides that if a court finds any clause, sentence, paragraph, subdivision or part of the article invalid or unconstitutional, the judgment is confined to that part and the person or circumstance in the controversy. The rest of the opt-out remains in force.

Sources & Official References

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