Southampton Aims to Block Cannabis Clinics with New Zoning Changes
Southampton is reportedly attempting to prevent cannabis clinics from opening for an additional three years, as outlined in a new lawsuit. The plan involves modifying local zoning codes to effectively block these establishments from operating in the Ritsey beachfront area.
One notable case is Brown Buddha, which received state licensing in 2022 and was poised to become Long Island’s first cannabis pharmacy. However, local government actions utilizing zoning laws have hindered the store’s opening. The owners, Marquis Hayes and Kim Stetz, claim to have lost millions in potential earnings as a result.
“Southampton is dragging this process out, leading to expensive and complicated situations,” stated Brown Buddha’s lawyer, Christian Kirolan.
Kirolan also shared insights about the financial impact: “While other licensed stores might generate around $1.6 million monthly, we’re currently making nothing due to Southampton’s inaction.”
The lawsuit highlights how local officials have created a complicated process involving special use permits and expensive additional requirements, which has stalled the opening.
According to estimates using state cannabis control data, the shop could be missing out on approximately $20 million in annual revenue. This shutdown has left Brown Buddha in a challenging position, as they have already incurred costs exceeding $443,000 in rent and about $130,000 in legal and engineering fees just to attempt meeting the town’s demands.
The investment of $1.2 million was also claimed to be wasted after the town insisted on more zoning approvals, as per the lawsuit.
Simultaneously, the company faces the issue of approximately $60,000 worth of cannabis stock expiring, as they continue to pay around $8,000 monthly for building and management costs.
The lawsuit contends that the local hurdles are part of a wider effort by town officials, who have demonstrated resistance to Albany’s cannabis initiative.
While Southampton did not opt out of permitting pharmacies by the 2021 state deadline, Brown Buddha asserts that local officials shifted requirements after the clinic had established a site in the community.
“Southampton wants to have it both ways,” Kirolan remarked. “They’re looking for state-level regulations while simultaneously limiting cannabis access locally. But that’s not how the law works.”
He referenced a town board meeting from last year, where Chair Jackie Lofaro raised questions about potentially limiting the number of clinics in the area, suggesting the town could “negotiate with the state” on capacity.
“We live here; the state doesn’t,” Lofaro remarked at the meeting last November, a statement that Kirolan interpreted as revealing the officials’ real motives.
“That’s precisely why Albany enacted marijuana regulations and taxation laws in 2021, to prevent local politics from overriding state legislation,” he stated.
Southampton Town Attorney James Burke mentioned on Thursday that he hadn’t yet reviewed the lawsuit but indicated that the town’s planning staff, along with legal guidance, is thoroughly evaluating each application, conducting hearings as necessary.
However, Kirolan expressed skepticism, suggesting that “actions speak louder than words.” He emphasized that despite state permissions for retail and delivery services, Southampton has imposed unnecessary obstacles and effectively shut down delivery options available under state law.
