Legislative Update: Proximity Protections Enacted

New legislation protects eligible cannabis retailers and applicants and clarifies updated location requirements.

Important Update

Governor Kathy Hochul has signed legislation (S9155/A10140) protecting certain cannabis retail licensees and applicants previously impacted by the school proximity review issue identified last summer. The update applies to all Adult-Use Retail Dispensaries, CAURD licensees, Microbusinesses with Retail Locations and Registered Organization Dispensing (ROD) licensees.

 

What This Means for Licensees and Applicants:
  • Licensees who received a license prior to February 11, 2026 are protected and may continue operating and renewing at their current location.

  • Applicants who previously received written confirmation from OCM that their location complied with proximity standards may continue through the application process and, if applicable, receive licensure at that location.

  • If a licensee or applicant seeks to change locations after February 11, 2026, the new site will be reviewed under the updated proximity standards.

 

Updated Proximity Requirements (Effective February 11, 2026):
  • Retail dispensaries must be 500 feet from the entrance of a school located on the same street.

  • Retail dispensaries must be 200 feet from the entrance of a building located on the same street and exclusively used as a House of Worship.

  • The legislation also clarifies measurement methodology and defines what qualifies as an exclusive-use House of Worship.

 

For questions, please contact [email protected].