Municipality Rulemaking
NYCRR Title 9, Part 119
Part 119 defines what municipalities may and may not regulate under New York’s adult-use cannabis program. These rules control preemption, local authority, notification requirements, distance rules, and how OCM reviews hostile or impracticable local laws.
State law governs cannabis licensing. Municipal authority is limited.
What This Covers
- What municipalities are prohibited from regulating
- What local governments may regulate (time, place, manner)
- Required municipal notification by applicants
- Distance requirements and how distance is measured
- How OCM reviews unreasonably impracticable local laws
Preemption and Municipal Prohibitions (119.1)
This section limits municipal authority and preempts local cannabis rulemaking.
Municipalities may not:
- Regulate cannabis operations, registrations, licenses, or permits
- Regulate cannabinoid hemp licenses
- Impose cannabis-specific taxes
- Charge cannabis-only fees unless a pre-March 31, 2021 liquor fee exists and does not conflict with Cannabis Law
- Demand side agreements, community benefits, or extra consideration
- Deny a license because a school, church, or youth facility moved in after the cannabis business existed
- Set independent ventilation or odor standards outside narrow statutory limits
Municipalities may not allow cannabis businesses to locate:
- Within 200 feet on the same road as a house of worship
- Within 500 feet on the same road as a school
- Within 500 feet on the same road as a public youth facility only if the municipality adopted a youth-facility law under §119.2
State cannabis law controls where municipal authority ends.
Permitted Local Regulation (Time, Place, Manner) (119.2)
Municipalities may regulate only time, place, and manner, and only if rules are not unreasonably impracticable.
Hours of Operation
Retail dispensaries:
- Cannot be banned between 2:00 a.m. and 8:00 a.m. unless by written operator consent or pre-2021 law
- Must be permitted to operate at least 70 hours per week unless the operator agrees otherwise
On-site consumption:
- Cannot operate between 4:00 a.m. and 8:00 a.m.
- Must be permitted at least 70 hours per week unless the operator agrees otherwise
Other Local Controls
Municipalities may regulate:
- Building design in historic districts
- Parking requirements
- Traffic and pedestrian flow
- Noise
- Odor, only within Public Health Law limits
- Distance from public youth facilities, up to a 500-foot maximum
Municipalities may not regulate beyond these areas.
Municipal Notification Requirements (119.3)
Applicants must notify the municipality or community board before applying.
Timing
- Notice must be sent 30 to 270 days before submitting a license application
Required Contents
Notice must include:
- Applicant name and contact information
- DBA or trade name
- Business address
- Attorney or representative contact, if applicable
- Application type (new, renewal, transfer, alteration)
- Prior license numbers, if applicable
- License type being applied for
OCM’s official notice form must be used.
Municipal Response
Municipalities:
- Have 30 days to submit an opinion for or against
- May request one 30-day extension
- Opinions become part of the licensing record
Municipal opinions are not binding on OCM.
Distance Requirements and Measurement (119.4)
This section defines required distances and how they are measured.
Cannabis Business Spacing
Retail and microbusiness dispensaries:
- Towns with 20,000+ population: 1,000 feet minimum
- Towns under 20,000 population: 2,000 feet minimum
Distance from Registered Organizations no longer applies after December 2023.
Registered Organization Dispensaries
- Same 1,000-foot / 2,000-foot spacing rules apply
- Only medical-only dispensaries may locate in these areas
On-Site Consumption Locations
- May not be within 500 feet of three or more existing on-site consumption premises
How Distance Is Measured
Distance is measured:
- From the center of the nearest public entrance
- To the center of the nearest public entrance
- In a straight line (“as the crow flies”)
Additional rules:
- Corner buildings count as being on both roads
- Emergency exits do not count as entrances
- Youth-facility distance depends on facility status at the time notice was sent
Municipalities may not manipulate measurement methods.
Unreasonably Impracticable Local Laws (119.5)
This section allows state review of hostile or unworkable local laws.
Review Process
- An applicant or licensee may file a complaint with OCM
- The Board reviews the local law
- OCM issues an advisory opinion on whether the rule is unreasonably impracticable
Effect of an Opinion
If the rule is already adopted:
- The opinion serves as evidence that the law violates Cannabis Law
If the rule is proposed:
- The municipality is barred from adopting it
This mechanism prevents municipalities from blocking cannabis operations indirectly.
Severability (119.6)
If any portion of Part 119 is ruled invalid, the remaining provisions remain enforceable.
What Operators Usually Miss
- Municipal opinions are not binding
- Distance is measured entrance-to-entrance, not property line
- Towns cannot create cannabis-specific fees or conditions
- Youth-facility rules apply only if a qualifying local law exists
When This Comes Up
- Site selection and lease negotiations
- Municipal notice preparation
- Zoning disputes
- License application review
- Local enforcement conflicts
What Happens If You Ignore This
- Application delays or denials
- Site rejection after lease signing
- Enforcement disputes with municipalities
- Costly relocation or redesign
Related Pages
Source Material
