What Local Laws and Zoning Rules Apply When Opening a Cannabis Business in NY?

Where Can I Legally Open a Cannabis Business in NY?

Your dispensary location must meet state law, OCM rules, and local zoning:

• You must follow city/town/village zoning rules.
• You cannot be within 500 ft of a school or 200 ft of a house of worship.
• In NYC, the site must be in a commercial zoning district (C1, C2, C4, C5, C6, or select M districts).
• You must meet State buffer rules from other dispensaries.
• If your location breaks zoning or buffer rules, OCM will deny or delay your license.

Required Notice to Municipalities

Timing

• Send notice 30–270 days before applying.

Who You Must Notify

• City, town, or village clerk
• In NYC: the community board where the business will be located

How to Deliver Notice

• Certified mail (with return receipt)
• Overnight mail (with proof)
• Personal delivery

What the Notice Must Include

• Business name (DBA/legal)
• Full premises address
• Applicant name & contact info
• License type (retail, delivery, on-site, etc.)
• Whether this is a new, renewal, transfer, or alteration
• For transfers: prior license number/location
• Use the exact OCM municipal notice form

How Local Feedback Is Used

• Local officials can send OCM a letter of support or opposition
• OCM must:
  • Add it to your public licensing record
  • Provide a written explanation of how the input was considered
• A local “no” does not automatically block your license — but it can affect review and timing.

Can Towns or Cities Opt Out?

• Yes. Under MRTA, cities, towns, and villages had a one-time option to opt out of retail and on-site consumption.

If a locality opted out:

• You cannot open a dispensary or consumption lounge there.

If they did not opt out:

• Cannabis businesses are allowed, but must still meet:
  • Zoning
  • Safety
  • Building requirements

Zoning Rules in NYC

Dispensaries in NYC must follow:

• NYC Zoning Code (C1–C6, M1–M3 zones)
• 500 ft school buffer
• 200 ft house-of-worship buffer
• OCM density rules (distance from other dispensaries)
• DOB/FDNY Building Code requirements for:
  • Exits and egress
  • Emergency lighting
  • ADA access
  • Layout changes
  • Construction permits

Important Legal Notes

• You cannot open until zoning, safety, and municipal notice requirements are met.
• Local rules vary — always check with the clerk or zoning office.
• Missing municipal notice or choosing a non-compliant location can block your license.
• In NYC, you must file approved DOB and FDNY buildout plans.

References

• MRTA § 76 – Municipalities
• 9 NYCRR § 120.2 – Location rules & zoning compliance
• NYC Zoning Regulations
• Rockefeller Marijuana Opt-Out Tracker

Related Pages

• Eligibility & Ownership Rules
• Application Process
• License Types