Which New York Towns Will Opt-In (or Out) of Marijuana Dispensaries?

 Updated on Feb 7, 2023

Legal marijuana has arrived New York. But is it coming to a town near you?

The NY Marijuana Regulation and Taxation Act (MRTA) provided municipalities with an opt-out clause for specific provisions. That means over 1,500 communities across the state had until December 31^st, 2021, to decide if they would allow dispensaries and consumption lounges within their borders. Municipalities could also accept one type of business and opt out of the other.

So, where did your town land? Did they choose to opt in and allow dispensaries and consumption lounges? Maybe they chose only to allow dispensaries. Did they ban cannabis businesses altogether? While the opt-out period is over and New York has begun its roll-out of legal cannabis, some people are still wondering if a dispensary will be opening up near them.

So who’s opting in, who’s undecided, and who’s opting out of allowing dispensaries and consumption sites in their towns. More importantly, what do these decisions mean for New Yorkers?

What Opting-Out Means

To be clear, New York communities could not opt-out of adult-use legalization as a whole or deny other types of licenses such as those for cultivation, manufacturing, or delivery. The MRTA only gave the option of opting out of certain types of cannabis licenses.

New York municipalities did not ban:

• Possession of cannabis
• Cannabis consumption (where allowed)
• Home growing
• Delivery services
• Production facilities
• Medical marijuana

They did ban:

• Adult-use dispensaries
• Consumption lounges (sometimes called cannabis cafes)
• Other businesses that allow for on-site consumption

Fortunately, opting out is not the end of the story for places that said no. Even though the December 31, 2021 deadline has long passed, municipalities can legally change their minds at any time and opt back in. Once a municipality has opted in, they can’t opt back out. 

What Opting-In Means

For New York municipalities that opted in, business licenses, including dispensaries, will be issued by the Cannabis Control Board once they have finalized the application process. Some already have been issued. Since the December 31st deadline has passed, opt-in areas cannot legally rescind the decision. The state crafted this provision to stabilize the market and provide assurances to investors who plan to spend substantial resources building cannabis businesses in those areas.

Dispensaries, regardless of area, cannot be located within 500 feet of schools or 200 feet of places of worship. Municipalities may also enact additional operational restrictions on dispensaries within reason.

Should NY Towns Stay In or Opt-Out?

New York required all municipalities that whished to opt out of the state’s adult-use cannabis program to do so prior to December 31, 2021. More than two years later, the complete list of municipalities which are staying out of the cannabis business is available. While adults over 21 will still be able to purchase, use, cultivate, and have their cannabis delivered in these municipalities, they’ve passed ordinances banning certain cannabis businesses, like retail dispensaries and consumption lounges. If these municipalities choose to opt in to the program at a later date, they can by passing a law and sending the NY OCM a completed form letting them know.

You can monitor which municipalities opted-out with this Google Map, created and updated by Cannabis Consultant Michael Doyle.

NY Towns Opting Out

Hundreds of NY municipalities have opted out of the state’s adult-use cannabis program in one form or another. Any municipality that did not opt out by the deadline is in the program by default. Some municipalities chose to explicitly opt in ahead of time. The below list of municipalities that opted out comes straight from the New York Office of Cannabis Management.

NY Towns Opting In

Of the municipalities that said no to onsite consumption lounges, 67 said yes to dispensaries,, according to an unofficial tracker created by Cannasigliere. Additionally, 181 counties have said yes to both business types, with another 20 counties leaning towards “opt-in.” 

NY Towns Embracing the MRTA

The following municipalities have publicly stated they plan to opt in.

Of the municipalities that said no to onsite consumption lounges, 67 said yes to dispensaries,, according to an unofficial tracker created by Cannasigliere. Additionally, 181 counties have said yes to both business types, with another 20 counties leaning towards “opt-in.”

NY Municipalities Still Undecided

Many towns and villages are still undecided. Some are leaving it up to public vote, while others have scheduled meetings to address the question.

Undetermined New York municipalities

As of this writing, 156 municipalities are still seeking public input to decide. That means residents of these towns have time to reach out to local officials and express their opinions.

Additionally, nearly 100 localities have scheduled municipal meetings over the next week to help make their determination. It’s critical for residents of these towns to attend.

Places that fail to decide by December 31st will be automatically (and permanently) entered into the program.

Towns Opting In for Dispensaries and Out for Cannabis Cafes

• Amsterdam
• Ballston Spa
• Colonie
• Croton-on-Hudson
• Homer (Village)
• Pine Plains
• Tuxedo
• Warwick (Town)
  

NY Towns Leaning Towards Opting-In

These towns have not made definitive statements but are expected to allow dispensaries and cannabis cafes.

• Bethel
• Canton
• Canajoharie
• Chestertown
• Granville (Village)
• Harrietstown
• Johnson City
• Lysander
• North Syracuse
• Penn Yan
• Pomfret
• Scotia
• Syracuse
• Thompson
• Tupper Lake

NY Towns Leaning Towards Opting-Out

These towns have not taken definitive action but may opt out before the December 31st deadline.

• Arietta
• Atlantic Beach
• Bedford Hills
• Fayette
• Hanover
• Hempstead
• Liberty
• Mamaroneck
• Medina
• Old Brookville
• Patterson
• Pelham Manor
• Portville
• Quogue
• Rockland
• Silver Creek
• Tusten
• Warwick (Village)
• Wellsville
• West Seneca

What You Can Do Now to Support Dispensaries in NY

If your town opted out of New York’s legal cannabis program, that doesn’t mean you can’t use cannabis. However, if you’d like your town to participate, you can still appeal to your legislators to join in. Your town’s elected officials, including a town council or mayor can pass a law overturning the ordinance banning cannabis businesses. New York structured its laws to allow municipalities to join in at any time. You can get the help of other like-minded cannabis supporters in your town, and make a case for how having a dispensary could benefit your town either socially or economically.

What’s Next for Legalization in New York

New Yorkers shouldn’t feel too concerned despite the vast number of initial opt-out localities. As it turns out, cannabis retail hesitancy is very common in the early stages of adult-use implementation. In New Jersey, for example, nearly three-quarters of municipalities opted out of six categories of marijuana licenses at first. Florida, Colorado, Massachusetts, and Michigan faced similar hurdles. Yet over time, as New York regulators provide clearer insight and residents continue to make their voices heard, many areas could begin overturning their initial decisions. 

The New York OCM has established New York’s cannabis regulations and approved the first wave of adult-use cannabis licenses. As of early 2023, the first adult-use dispensaries began opening their doors. It’s official; the first legal cannabis sales in New York have begun.

However, New York’s program remains in its infancy, and there are only a small number of licensed dispensaries open. Many New Yorkers are frustrated with the state’s slow roll-out and the limited access to cannabis. That said, things are moving forward, and it appears that more dispensaries will be opening throughout 2023.

Want to stay updated with all the latest New York hemp and cannabis regulations? visit Medical Mikes NY news page to stay in the know.