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OCM Criticizes Riverhead Ban; Town Defiantly Responds
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.
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