New York Appeals Court Strikes Down Local 1,000-Foot School Buffer for Marijuana Dispensaries
- The New York State Appellate Division ruled that municipalities cannot enforce school-distance requirements on licensed marijuana dispensaries that are stricter than New York state law, invalidating Riverhead's 1,000-foot buffer which exceeded the state's 500-foot minimum.
- The case involved Brian Stark Enterprises, whose proposed dispensary was 733 feet from Riverhead High School, compliant with state law but violating the town’s stricter buffer, leading to a lawsuit after local authorities denied permits and denied variances.
- The court affirmed that state Cannabis Law § 131(2) preempts local rules governing adult-use marijuana operations, allowing municipalities to regulate time, place, and manner but not impose requirements that render licensed businesses unreasonably impracticable.
- While the court upheld certain local zoning provisions like separation distances between marijuana businesses and restrictions on residential or commercial areas under zoning uniformity laws, it signaled that local regulations conflicting with state standards remain vulnerable to legal challenges.
The New York State Appellate Division, Second Department, has ruled that municipalities cannot impose school-distance requirements on licensed marijuana dispensaries that are more restrictive than those established under state law.
In a July 29 decision, the court upheld a ruling invalidating a Riverhead zoning provision that required marijuana retailers to remain at least 1,000 feet from a school, measured from the nearest property lines. New York law establishes a 500-foot minimum measured from the nearest entrance of the dispensary to the nearest entrance of the school.
The case involved Brian Stark Enterprises, LLC, which holds a conditional adult-use retail dispensary license for a property at 1086 Old Country Road. The proposed dispensary is approximately 733 feet from Riverhead High School, placing it outside the state’s restricted area but within the larger buffer created by the town.
Riverhead’s Planning Department denied the company’s building and use application based on the local 1,000-foot requirement. After the town’s Zoning Board of Appeals rejected a request for a variance in June 2025, the licensee and property owner filed a lawsuit challenging the decision.
A Suffolk County judge ruled in their favor in September, finding that the local school setback was overridden by state law and that no variance was required. Riverhead susequently appealed.
In affirming that portion of the ruling, the appellate court pointed to Cannabis Law § 131(2), which generally prevents local governments from adopting laws concerning the operation or licensing of adult-use marijuana businesses. Cities and towns may regulate the time, place and manner of dispensary operations, but those rules cannot make operating a licensed business unreasonably impracticable.
The court said lawmakers had “expressly stated” their intent to occupy the field governing the operation of licensed adult-use marijuana dispensaries. Because the state had already established both the school buffer and the method used to measure it, Riverhead could not substitute a larger distance measured differently.
The decision was not a complete rejection of Riverhead’s marijuana zoning rules. The appellate court reversed a portion of the lower court’s judgment that had declared several provisions invalid under a separate state requirement for uniform zoning. Those provisions include a 2,500-foot separation requirement between marijuana businesses and restrictions involving residential properties and certain commercial corridors. The appeals court found those provisions did not violate the zoning uniformity law, although it did not rule that all of them were valid under the Cannabis Law’s preemption provisions.
The ruling could nevertheless strengthen future challenges to local marijuana regulations that conflict with New York’s statewide licensing and location standards. Similar disputes could involve locally imposed school buffers, dispensary-spacing requirements, residential setbacks, corridor limits or other restrictions directed specifically at state-licensed marijuana businesses.