Huntington, NY Cannabis Regulations: Home Cultivation (2026)
Key Facts
- Governing section
- Town Code § 198-10(K)
- Adopted
- 8-6-2019, L.L. No. 45-2019
- Amended
- 12-14-2021, L.L. No. 66-2021
- Scope
- All land, buildings, premises townwide
- Enforcing agency
- Building Inspector, Dept. of Engineering Services
- Applies to
- Non-medical (recreational) cannabis only
Summary
Huntington's zoning code makes it illegal to grow cannabis anywhere in town, home gardens included. Town Code Section 198-10(K) bars using any land, building, structure or premises to plant, cultivate, harvest, dry, process or sell recreational cannabis, a flat prohibition adopted in 2019 and tightened in 2021 that applies townwide, regardless of which residential district a lot sits in, with no carve-out for a resident's own backyard.
No land, building, structure or premises, nor part thereof, shall be used to plant, cultivate, harvest, dry, process, sell, or offer to sell, recreational cannabis.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4940543; v75 updated 2026-06-09; through 06-09-2026).
Full Breakdown
Section 198-10 of the Zoning Code lists "General restrictions" that apply across every district in the Town. Subsection (K), added August 6, 2019 by Local Law No. 45-2019 and amended December 14, 2021 by Local Law No. 66-2021, states flatly that no land, building, structure or premises may be used to plant, cultivate, harvest, dry, process, sell or offer to sell recreational cannabis. Because the ban sits among the chapter's blanket "General restrictions" rather than inside a single zoning district's use table, it reaches every parcel in the unincorporated Town, from R-80 single-family lots to commercial zones, not just areas zoned for retail or industrial use.
Section 198-2 defines "Cannabis, Recreational" as all cannabis that is not for certified lawful medical purposes under Title V-A of Article 33 of the Public Health Law or Article 3 of the Cannabis Law, so the ban targets ordinary adult-use marijuana, the category a resident would otherwise grow at home for personal use. The local law was amended in December 2021, months after New York's Marihuana Regulation and Taxation Act took effect statewide, meaning the Town Board revisited and kept the ban after state legalization rather than repealing it.
This zoning ban is separate from Chapter 90, in which Huntington separately opted out of allowing retail cannabis dispensaries and on-site consumption sites under Cannabis Law Section 131; Section 198-10(K) instead targets cultivation and processing, wherever it happens, including a private residence. The Building Inspector, defined in Section 198-2 as the Director of the Department of Engineering Services, the Director of the Department of Public Safety, or their designees, administers and enforces the Zoning Code, including this cultivation ban.
Violations & Fines
A cannabis grow discovered on residential or commercial property is treated as an illegal, unpermitted zoning use rather than a code-maintenance issue. The Building Inspector's office can issue a violation notice ordering the plants and any related structures removed, and can pursue the same enforcement and legal remedies the Zoning Code authorizes for any other unpermitted use, including referral for prosecution in Town courts. Because Section 198-10 restrictions apply chapter-wide, a cultivation violation is enforced the same way as any other unlawful use under Article II of the Zoning Code.
Frequently Asked Questions
Can I grow my own cannabis plants at home in Huntington?
Does the ban cover medical cannabis too?
When did Huntington adopt this cultivation ban?
Is this the same law that keeps dispensaries out of Huntington?
Sources & Official References
Other rules in Huntington
New York rules heatmap·Compare Huntington to another location·View the New York cannabis regulations overview
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