New York Cannabis Control Board Issues Opinion on 'Unreasonably Impracticable' Local Laws

The board's decision asserts state authority over local cannabis rules.

The Cannabis Dispensary in Brooklyn.
The Cannabis Dispensary in Brooklyn.
iStock/Yuriy T

The New York State Cannabis Control Board (CCB) recently held its monthly public meeting. During the meeting, the board issued two advisory opinions, finding that local ordinances in Southampton and Riverhead on Long Island were "unreasonably impracticable" under cannabis law.

According to the CCB, these decisions affirm that municipalities have limited ability to impose barriers that frustrate state-licensed businesses from opening within their jurisdictions.

"This outcome makes clear that local laws do not override the laws of New York State," said Felicia A.B. Reid, acting executive director of the Office of Cannabis Management. "The Legislature set out that cannabusiness is a legal economic driver — not to be hampered by local efforts to undermine their collective vision."

Reid said the CCB has stressed that economic development suffers when legitimate opportunities are open for some but withheld from others. "Cannabusiness means jobs," she continued, "that support families and communities; so long as they follow the rules, they have earned the right to exist."

In essence, local law cannot render the operation of a licensed cannabis business unreasonably impracticable.

Some of these restrictions could come in the form of restrictions on retail hours of operation, the visual or architectural integrity of the building, parking, traffic control, odor, noise and distance requirements between the retail dispensary or microbusiness and a public youth facility—the distance requirement can be no greater than 500 feet.

If an operator believes a local law or regulation is unreasonably impracticable, they are urged to contact the Office of Cannabis Management at [email protected] with a detailed description of the issue and supporting documentation.

As of October 6, 2025, the CCB has issued 1,950 adult-use licenses statewide, 56.4% to Social and Economic Equity (SEE) licensees. At the meeting, the CCB approved 33 new licenses.

The state's year-to-date sales for 2025 have reached $1.26 billion. According to the CCB, sales per store have reversed a previous downward trend, showing growth as more dispensaries mature and stabilize in the market.

There are currently 497 legal dispensaries open for business across the Empire State.

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