Where Can I Legally Open a Dispensary, and What Do I Have to Do to Notify the City or Town?
Zoning, Location & Opt-Outs
Local Opt-Outs
Some cities, towns, and villages in New York opted out of cannabis retail and on-site consumption.
- If a locality opted out, you cannot apply for a dispensary there.
- Always check the OCM opt-out list before committing to a location.
Zoning Rules
Zoning laws control where a dispensary can legally operate.
Your location must:
- Be in an allowed zoning district (usually commercial or mixed-use)
- In NYC, be within zones such as C1, C2, C4, C5, C6, or select M1 districts
- Meet State sensitive-use buffers, including:
- 500 ft from schools
- 200 ft from houses of worship
- 1,000 ft from other dispensaries (500 ft in dense areas)
- Comply with any additional local zoning rules
If your site breaks zoning or buffer rules, your application will be denied or delayed.
Municipal Notification Requirements (MRTA §76)
You must notify the local government before applying for a license.
Timing
- Send municipal notice 30–270 days before submitting your license application.
Who to Notify
- The city, town, or village clerk where the business will be located
- If inside a village, notify the village clerk only
- In NYC, notify the community board for your district
How to Deliver Notice
Send the notice using:
- Certified mail (with return receipt), or
- Overnight delivery with proof, or
- Personal delivery to the correct office
What the Notice Must Include
Use the OCM standard municipal notice form and include:
- Trade name or DBA
- Applicant’s legal name
- Full street address of the premises
- Mailing address (if different)
- Contact information for the applicant or attorney
- Whether this is a new, transfer, renewal, or alteration
- License type being applied for
- Any relevant current or prior license numbers
Submitting an incomplete notice can stall or block your application.
Community Feedback
Local governments or NYC community boards may issue a letter of support or opposition.
OCM must:
- Add it to your public licensing record
- Provide a written explanation of how the feedback was considered
A local objection does not automatically stop your license, but it can affect timing and review.
References
Related Pages
