OCM Rejects Riverhead Ban on Cannabis Dispensaries, Calling It “Unreasonably Impracticable”
The ongoing dispute between the New York State OCM (Office of Cannabis Management) and the Town of Riverhead has intensified after the OCM rejected the proposed Riverhead Ban on new cannabis dispensaries. The OCM issued an advisory opinion on October 6, declaring the Riverhead Ban which included a moratorium, strict zoning limits, and a municipal approval requirement to be “unreasonably impracticable” under state cannabis law.
According to the OCM, the Riverhead Ban unfairly restricts cannabis businesses and violates state regulations that ensure fair access for licensed operators. Two dispensary licensees, Brian Stark Enterprises and Tink & E, Co., filed complaints with the OCM after their applications were delayed or denied due to the Riverhead Ban.
In its ruling, the OCM stated that Riverhead’s regulations, such as doubling the distance between dispensaries and schools or residential areas, exceeded the limits allowed under state law. The OCM emphasized that municipalities can regulate the “time, place, and manner” of cannabis operations including hours, traffic, and noise but the Riverhead Ban went beyond those powers by effectively blocking dispensary openings.
Riverhead Town Attorney Erik Howard strongly disagreed with the OCM’s position, arguing that the Riverhead Ban was a legitimate land-use control.
Howard said, calling the OCM’s advisory opinion “non-binding overreach.”
Attorneys for the affected dispensaries welcomed the OCM’s intervention. “You can’t continue to use a moratorium meant for emergencies to block legal cannabis businesses,” said Andrew Schiever of Holland & Schiever LLP, who represents Tink & E, Co. Likewise, Brian Stark’s attorney, Martha Reichert, argued that the Riverhead Ban was “dead in the water” since it hadn’t been enacted before the OCM’s decision.
The OCM ruling follows a July court decision in which Suffolk State Supreme Court Justice Paul Hensley struck down a 1,000-foot buffer rule in the Riverhead Ban, finding it inconsistent with the state’s 500-foot standard. Despite the OCM’s opinion, Riverhead officials have voted to appeal that ruling, continuing the legal battle.
In closing, the OCM reaffirmed that while towns can manage local cannabis operations, the Riverhead Ban represents a direct conflict with state law. As the debate continues, the OCM’s stance could set a precedent for how far local governments can go in restricting legal cannabis businesses making the Riverhead Ban a pivotal test case in New York’s cannabis industry.
by Riverhead News Review - Times Review
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