News Summary
A New York court ruling has declared the Town of Riverhead’s cannabis zoning regulations invalid, stating they conflict with state law. This decision allows local cannabis businesses greater flexibility in establishing dispensaries and opens the door for owners to seek building permits without zoning variances. The ruling has significant implications for cannabis regulation across New York, as local officials express their intent to appeal. This critical legal shift reflects ongoing challenges since the legalization of cannabis in New York, potentially reshaping the regulatory landscape for cannabis enterprises statewide.
New York – A ruling from a New York court has deemed the Town of Riverhead’s cannabis zoning regulations invalid, asserting that they conflict with state law. The decision, delivered by Judge Paul Hensley on July 23, 2025, found that local ordinances can be preempted by state cannabis laws, marking a significant shift for local cannabis businesses.
The litigation followed a lawsuit initiated by several local cannabis business owners, including Tink & E Co., 1086 OCR LLC, and Brian Stark Enterprises LLC, after their request for a zoning variance was denied by the town. The case, formally known as Tink & E, et al. v. Town of Riverhead, et al., centered on the town’s stringent regulations that local business owners argued infringed upon their rights under New York State’s established cannabis regulations.
The court ruled that Riverhead’s zoning requirements not only violated state mandates but also failed to align with local zoning uniformity requirements, effectively nullifying a stipulation that demanded dispensaries be located a minimum of 2,500 feet apart—a standard that significantly exceeded the state-recommended 1,000 feet. Additionally, the requirement for dispensaries to maintain a 1,000-foot buffer from residential properties was also declared legally invalid, allowing for increased latitude in establishing cannabis storefronts within the town.
This ruling is seen as a critical victory for cannabis enterprises across New York, particularly on Long Island, where regulatory hurdles have largely stymied the establishment of new dispensaries. Riverhead has two operating dispensaries, Beleaf and Strain Stars, with additional interest from businesses such as Planet Nugg, which plans to open a new location in nearby Aquebogue.
In light of the court’s decision, Riverhead officials announced plans to appeal. Town Attorney Erik Howard expressed concerns over what he perceives as state overreach into local zoning matters. The implications of this ruling could establish a precedent for similar legal conflicts regarding cannabis business regulations throughout the state, potentially influencing the regulatory landscape for cannabis enterprises outside of Riverhead.
By ruling that Elizabeth McGrath, owner of Tink & E Co., could seek a building permit and certificate of occupancy without needing a variance, the court opened the door for her to move forward with plans to open a dispensary at a former bank location at 1201 Ostrander Ave. Additionally, Brian Stark Enterprises is pursuing similar legal action after its request to open a dispensary at 1086 Old Country Rd was previously denied due to proximity concerns with local schools.
The decision to invalidate Riverhead’s zoning regulations reflects ongoing changes since cannabis was legalized in New York in 2021. Town officials had previously revised their zoning laws to create designated commercial areas for dispensaries, yet the restrictive zoning policies have proven challenging, complicating the timely rollout of legal cannabis businesses.
As New York’s interest in cannabis businesses continues to grow, the recent court ruling highlights the tension between state and local regulatory frameworks. Local officials in Riverhead have stated their commitment to upholding local regulations to govern cannabis businesses, voicing disappointment with the court’s ruling.
The outcome of this case, along with ongoing legal challenges from local business owners, has the potential to reshape cannabis zoning regulations not only within Riverhead but throughout New York State, signaling a transitional phase in the state’s approach to cannabis legalization and regulation.
Deeper Dive: News & Info About This Topic
- Long Island Business News
- Wikipedia: Cannabis in New York
- Newsday
- Google Search: New York cannabis regulations
- Riverhead Local
- Google Scholar: cannabis zoning New York
- Riverhead News Review
- Encyclopedia Britannica: cannabis laws
- Riverhead Local
- Google News: Riverhead cannabis zoning
