
MRTA Article 6 explained. Learn municipal opt-out rules, state preemption limits, OCM necessary party requirements (Section 131-A), judicial review standards (Section 135), and severability under New York cannabis law.
Municipalities may opt out of allowing:
If a municipality opts out, those license types cannot operate there.
Municipalities may not opt out of:
These activities are controlled exclusively by the State.
Even where retail is allowed, municipalities retain authority over:
Before committing to a location, operators must confirm:
Failure to verify this has caused operators to lose leases, deposits, and buildout costs.
If a legal action involves cannabis licensing, enforcement, or regulation, the Office of Cannabis Management must be named as a party.
If OCM is not included:
For operators, this means:
This is a legal requirement, not a litigation strategy.
Applicants and licensees may seek judicial review of OCM or Cannabis Control Board decisions.
Courts do not:
Courts review only:
The record includes:
Weak or incomplete records cannot be repaired on appeal.
If a court invalidates one provision of Article 6, the remaining sections remain enforceable.
For operators, this means:
Only legislative or regulatory changes alter ongoing requirements.