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THE BLUEPRINT: NY court rules Riverhead‘s cannabis zoning laws conflict with state law

Lawsuit filed by local cannabis businesses leads to ruling

Decision supports state authority over local cannabis regulations

Riverhead plans to appeal, while ruling impacts cannabis businesses statewide A New York court struck down the Town of Riverhead’s cannabis zoning regulations, ruling they conflict with state law. Judge Paul Hensley on Tuesday ruled that state cannabis laws preempt local ordinances. The ruling stemmed from a lawsuit filed by local cannabis business owners – Tink & E, et al. v. Town of Riverhead, et al. – after the town’s zoning board denied a variance needed to open a dispensary. Also joining the case were 1086 OCR LLC, Brian Stark Enterprises LLC, and Brian Stark, siding with the plaintiffs challenging the town’s regulations. Their attorney – Martha Reichert, a partner at Riverhead-based Twomey, Latham, Shea, Kelley, Dubin & Quartararo – had argued that Riverhead’s local laws shouldn’t override New York State’s cannabis regulations. The court also ruled that the town’s regulations violated zoning uniformity requirements under town law. “This ruling is a major victory not only for our clients but for cannabis businesses throughout the entire state and especially here on Long Island, where restrictive zoning laws have slowed the rollout of legal cannabis businesses,” Reichert, lead counsel for the intervening respondents, said in a news release about the ruling. The decision comes amid growing interest in opening dispensaries across the state. That includes Riverhead. The town has two dispensaries, Beleaf and Strain Stars, with Planet Nugg, which has one location in East Farmingdale, slated to open in Aquebogue in the next three months. Now, the town plans to appeal the decision, according to Riverhead Town Attorney Erik Howard. The court’s reasoning that “gives the state essentially universal power to regulate where these can and can’t go, really undermines the entire concept [of] local zoning,” Howard told RiverheadLocal. Reichert said the ruling “clarifies the boundaries between state and local authority on cannabis regulation and sets a precedent that will influence similar disputes across New York. We are proud to have played a pivotal role in this case.” Separately, Twomey Latham and Harris Beach Murtha Cullina also represent 1086 OCR LLC, Brian Stark Enterprises LLC, and Brian Stark in an Article 78 proceeding challenging another section of Riverhead’s town code. This case – which was assigned to Hensley, who ruled in this week’s decision – challenges restrictions on the distance between dispensaries and schools, arguing the same conflict with state cannabis laws. Related Articles Uniondale law firm appoints partners to head cannabis legal practice

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