New York Statewide Rule
New York Cannabis Dispensary Local Authority Limits
Key Facts
- Opt-Out Deadline
- December 31, 2021
- Licensing Body
- Office of Cannabis Management
- Local Authority
- Time, place, manner only
- Statute
- Cannabis Law Section 131
Summary
New York Cannabis Law allowed municipalities a one-time opt-out window before December 31 2021, after which the Office of Cannabis Management uniformly licenses retail dispensaries with limited local zoning authority.
1. The licensure and establishment of a retail dispensary license and/or on-site consumption license under the provisions of article four of this chapter authorizing the retail sale of adult-use cannabis to cannabis consumers shall not be applicable to a town, city or village which, after the effective date of this chapter, and, on or before the later of December thirty-first, two thousand twenty-one or nine months after the effective date of this section, adopts a local law, subject to permissive referendum governed by section twenty-four of the municipal home rule law, requesting the cannabis control board to prohibit the establishment of such retail dispensary licenses and/or on-site consumption licenses contained in article four of this chapter, within the jurisdiction of the town, city or village. Provided, however, that any town law shall apply to the area of the town outside of any village within such town. No local law may be adopted after the later of December thirty-first, two thousand twenty-one or nine months after the effective date of this section prohibiting the establishment of retail dispensary licenses and/or on-site consumption licenses; provided, however, that a local law repealing such prohibition may be adopted after such date.
Full Breakdown
Cannabis Law Section 131 preempts local laws inconsistent with the Marihuana Regulation and Taxation Act except for the time, place, and manner restrictions specifically allowed under Section 131(2). Municipalities that did not pass a local opt-out by December 31, 2021 cannot now ban retail dispensaries or on-site consumption lounges. They may regulate hours within statewide limits and impose reasonable zoning, but cannot make operation unreasonably impracticable. The Office of Cannabis Management is the sole licensing authority under Cannabis Law Article 4.
Violations & Penalties
Local laws that effectively ban licensed dispensaries are subject to challenge as preempted under Section 131. Operating without an OCM license is a Cannabis Law violation with civil penalties up to ten thousand dollars per day under Section 132.
Frequently Asked Questions
Can my town still ban cannabis dispensaries?
Who issues retail cannabis licenses in New York?
Sources
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