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State Overrides Southampton’s Strict Cannabis Regulations

Recent decisions by state cannabis officials have invalidated Southampton’s locally imposed marijuana laws, accusing the town of intentionally obstructing legal dispensaries. The Cannabis Control Board unanimously ruled that Southampton’s permitting system was illegal and effectively invalidated key parts of the town’s zoning regulations, including permit requirements and distance buffers for dispensaries.

The move follows a lawsuit filed by licensed cannabis entrepreneurs Marquis Hayes and Kim Stetz of Brown Budda dispensary, who argued that Southampton’s restrictions were designed to block licensed businesses from operating. The state also dismissed local efforts to regulate cannabis deliveries, asserting such measures are beyond municipal authority.

Town officials had been accused of weaponizing zoning restrictions to delay and deny permits for licensed operators, despite Southampton never formally opting out of the state’s marijuana framework enacted in 2021. The ruling marks a significant victory for Brown Budda, which has faced years of legal battles, missed revenue opportunities, and financial losses.

“I believed I was about to realize the American Dream. Instead, the town turned it into a nightmare,” said Hayes, founder of Brown Budda. The dispensary, one of the first licensed on Long Island, has incurred millions in potential earnings and legal expenses while waiting to open its doors.

The decision empowers state regulators and sets a precedent that local zoning laws cannot be used to unreasonably hinder state-legal cannabis businesses, especially after deadlines to opt out have passed. It underscores that marijuana regulation is a statewide matter, not for individual municipalities to control.

Southampton’s attorney did not respond to comment, but the ruling signals a shift towards uniform statewide cannabis policy and limits local governments’ ability to restrict licensed operators through zoning.

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