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Updated: February 20, 2026 @ 12:17 am
More than 150 legal retail cannabis dispensaries will not have to relocate following the passage of new state legislation that enables them to remain in place.
More than 150 legal retail cannabis dispensaries will not have to relocate following the passage of new state legislation that enables them to remain in place.
After a state interpretation of cannabis proximity rules threw dozens of New York dispensaries into uncertainty last July, lawmakers have rewritten the regulations, effectively grandfathering in many dispensaries that had been at risk of relocation.
Under legislation sponsored by state Sen. Liz Krueger (D-Manhattan) and Assemblymember Stefani Zinerman (D-Brooklyn) at the request of the state, the distance standard has changed.
The prior guidance required dispensaries to be at least 500 feet from a school’s property line, based on a reading of Cannabis Law 72 and Education Law definitions of school grounds.
Last July, the state Office of Cannabis Management said it had erroneously evaluated dispensary proximity based on whether a location was within 500 feet of a school building’s entrance, not the property line.
The clarification meant more than 150 licensed or prospective shops were suddenly considered out of compliance after previously receiving approval.
Forty-seven applicants and 105 licensees were impacted by the clarification — eight applicants and 13 licensees in Queens.
The new law instead bars adult-use cannabis retailers from operating on the same street and within 500 feet of a school building or place of worship, measured in a straight line from the center of a dispensary entrance to the center of a school or place of worship entrance, implementing a door-to-door proximity rule.
The bill defines entrances as doors regularly used by students, congregants or customers, excluding emergency exits and maintenance doors.
The law also deems previously issued licenses compliant, and it establishes new restrictions prohibiting dispensaries on the same street and within 200 feet of a house of worship.
Applicants who were told in writing their locations met earlier standards also will be evaluated under the pre-July 2025 review procedures, the law states.
The new regulations took effect immediately after Gov. Hochul signed them into law on Feb. 11.
The OCM did not respond to a request for comment by publication.
Osbert Orduña, the owner and chief executive officer of The Cannabis Place in Middle Village, was affected by last July’s proximity change and lauded the new law that will allow his business to remain in place.
“We are incredibly grateful to the Governor and the members of the State Legislature for their outstanding leadership, open-mindedness, and swift action,” Orduña said in an emailed statement. “By signing S9155 into law, our state leaders have demonstrated a profound commitment to the success of the legal, regulated market and the social equity entrepreneurs like us, who have invested their livelihoods into building it.”
He called the legislation the “perfect balance,” adding that it maintains necessary safeguards for youth while providing legal dispensaries the geographical stability needed to operate securely.
“This collaborative victory in Albany ensures that the promise of a fair and equitable cannabis industry in New York remains alive and well,” Orduña said.
The bill passed the state Senate in a 35-24 vote. The Assembly vote count was not available online as of publication.
State Sen. Joe Addabbo Jr. (D-Woodhaven) in a statement explained why he voted against the legislation.
“One of my greatest responsibilities as a legislator is protecting the health and safety of our children,” Addabbo said. “While I understand the intent behind this legislation, I remain concerned that it doesn’t properly address the issue of accessibility and visibility of cannabis products in areas where young people congregate.”
He added that schools in his district have multiple entrances and access points, which he said makes it difficult to ensure that cannabis retail locations “are truly a safe and appropriate distance away from where children enter and exit school grounds each day.”
QueensChronicle.com
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