Southampton’s cannabis restrictions have been unanimously repealed by the New York Cannabis Control Board, which ruled in a ruling issued on Tuesday that Southampton’s permits scheme is illegal and was designed to stop legal dispensaries opening.
The ruling, which was issued on Monday, invalidated multiple sections in Southampton’s local code of zoning and set a statewide precedence for the extent to which municipalities may regulate cannabis businesses.
Marquis Hayes, owner of Brown Budda in Southampton, and Kim Stetz of Brown Budda filed a lawsuit against Southampton, accusing town officials of using zoning rules and permits to prevent their store from opening. Their attorney, Christian Killoran, called the board’s decision ‘a resounding rebuke to local officials who once claimed we live here, the state does not live here.’
Killoran said, “The State has made it clear that Southampton is located in New York.”
The decision confirms that the state, and not local politics, regulates marijuana regulation, and that cities cannot change rules to suit their agendas.
CCB Declares Local Rules ‘Unreasonably Impracticable’
According to the CCB’s Advisory Opinion 2025-02, adopted at its 6 October 2025 meeting, Southampton’s local code imposed ‘unreasonably impracticable’ restrictions under the Marijuana Regulation and Taxation Act (MRTA).
The board found that the town’s requirements for ‘special-use permits, distance buffers, and cannabis-specific fees’ violated Section 131(2) of the Cannabis Law by frustrating state-licensed operators’ ability to open and operate businesses.
The decision also struck down Southampton’s attempt to regulate cannabis deliveries, declaring such actions ‘completely outside of municipal authority.’
Under the ruling, municipalities may only regulate cannabis businesses within the narrow ‘time, place and manner’ limits listed in 9 NYCRR §119.2, such as operating hours, parking, traffic management, odour control and architectural integrity within historic districts.
The law now considers any restrictions that go beyond the current legal limits, including those limiting dispensaries only to certain business zones or mandating fees.
Southampton’s cannabis restrictions have been unanimously overturned by the New York Cannabis Control Board, which ruled in a ruling that Southampton’s permit scheme is illegal and was intended to prevent dispensaries being opened.
The ruling, which was issued on Monday, invalidates a number of sections in Southampton’s local code for zoning and creates a precedent that will be followed by municipalities throughout the state when it comes to regulating cannabis business.
Marquis Hayes, Kim Stetz and Brown Budda filed a lawsuit against Southampton, accusing town officials of using zoning rules and permits to prevent their store from opening. Their attorney, Christian Killoran, called the board’s decision ‘a resounding rebuke to local officials who once claimed we live here, the state does not live here.’
Killoran said, “The State has made it clear that Southampton is located in New York.”
The decision confirms that the state, and not local politics, regulates marijuana regulation, and that cities cannot change rules to suit their agendas.
CCB Declares Local Rules ‘Unreasonably Impracticable’
According to the CCB’s Advisory Opinion 2025-02, adopted at its 6 October 2025 meeting, Southampton’s local code imposed ‘unreasonably impracticable’ restrictions under the Marijuana Regulation and Taxation Act (MRTA).
The board found that the town’s requirements for ‘special-use permits, distance buffers, and cannabis-specific fees’ violated Section 131(2) of the Cannabis Law by frustrating state-licensed operators’ ability to open and operate businesses.
The decision also struck down Southampton’s attempt to regulate cannabis deliveries, declaring such actions ‘completely outside of municipal authority.’
Under the ruling, municipalities may only regulate cannabis businesses within the narrow ‘time, place and manner’ limits listed in 9 NYCRR §119.2, such as operating hours, parking, traffic management, odour control and architectural integrity within historic districts.
Now, restrictions that are more expansive, like limiting dispensaries in certain zones of business, imposing special fees or design standards, will be considered illegal.
Cannabis Law Resources for Poland
Discover essential legal information about the cultivation of cannabis, its sale, and regulations governing medical products in Poland. You can use these resources to learn about the requirements for certifications, permissions and compliance.
-
Polish News Registration and Interests of Cannabis Businesses
-
Permissions for Cannabis Sales in Poland
-
Authorization for Importing or Manufacturing Medical Products
-
Permission for Manufacturing or Importing Medical Products
-
Certificate of Good Manufacturing Practices (GMP)
-
Registration of Medical Products in Poland