Wednesday, August 5, 2026

WHEN COMMUNITIES DON'T OPT OUT....THIS CAN HAPPEN... AND IT HAS---NY NEWSDAY

Court sides with cannabis shop seeking to open within 1,000 feet of High School

Your Editor's Note-via Google AI: 
NOTE---Riverhead Town did not opt out of allowing recreational cannabis dispensaries. The Failed Opt-Out: In 2021, an effort to opt out of the state's cannabis retail program was rejected by a 3-2 vote of the Riverhead Town Board. Long Island Context: Because it chose not to opt out, Riverhead became one of only four towns on Long Island (alongside Southampton, Brookhaven, and Babylon) to permit adult-use cannabis dispensaries. 

AND NOW FROM NY NEWSDAY--BEHIND PAYWALL

State appeals court judges have ruled that Riverhead Town went too far when it blocked a cannabis shop from opening because it was too close to a school.

The Second Appellate Division in Brooklyn last week upheld a lower court decision that found Riverhead's Zoning Board of Appeals was wrong last year when it rejected an application by Brian Stark for a variance to open a pot shop on Old Country Road.

The ZBA said the store would be too close to Riverhead High School, about 733 feet away on Harrison Avenue. The board cited a town law barring cannabis dispensaries within 1,000 feet of schools.

Appeals court judges said the town law improperly supersedes state law, which allows municipalities to block pot stores only if they are within 500 feet of a school. SO MUCH MORE AT 
https://www.newsday.com/long-island/towns/cannabis-shop-state-ruling-riverhead-gujsi2gf

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