Southampton’s Local Cannabis Regulations Overturned

The local cannabis regulations in Southampton have gone up in smoke, as state cannabis officials charge that the town’s rules were overly strict and aimed at obstructing the establishment of legal dispensaries.

On Monday, the state’s cannabis management board issued a unanimous decision that effectively dismantled Southampton’s permit system. This followed a lawsuit brought against the town by Marquis Hayes and Kim Stetz, owners of Brown Udas Dispensary, which is nationally licensed to sell cannabis.

According to the lawsuit, town officials were accused of manipulating zoning laws to hinder recognized businesses from operating, while imposing conditions that complicated cannabis operations in this coastal area of Long Island.

Christian Kiroran, the attorney for Brown Buddha, remarked, “This decision puts significant responsibilities on local officials who previously claimed ownership over local governance, saying ‘we live here, the state does not.'” He emphasized that the ruling clarifies that transactions involving marijuana are governed by state law, not local politics, and that municipalities can’t shape regulations to meet their own needs.

The judgment deemed Southampton’s local code “unreasonably unfeasible” according to state law, updating several portions of the zoning regulations, including requirements for special use permits and distance regulations.

Moreover, state regulators have curtailed town efforts to control cannabis deliveries within their jurisdictions.

This decision comes as a significant setback for Southampton, which had previously endorsed stricter cannabis laws over the last three years and did not take any actions to withdraw from the state’s 2021 legalization framework.

For Brown Buddha, this ruling represents a long-awaited breakthrough after enduring lengthy, costly court battles to open its doors. Hayes expressed frustration, stating, “I thought I was going after the American dream, but the town of Southampton turned it into a nightmare.”

The Brown Buddha clinic was among the first approved in the state and had eagerly anticipated launching in Long Island back in 2022. Unfortunately, it suffered losses due to delayed openings, including wasted revenue and expenses from rent, fees, and legal challenges.

“Brown Buddha New York is ready to open its doors from day one,” Hayes said. “The nightmare is almost over.”

This ruling might have broader implications beyond Southampton, potentially establishing a statewide standard that limits towns from using local zoning regulations to obstruct state-licensed businesses that have missed opt-out deadlines. It reaffirms the idea that marijuana regulations are controlled at the state level and that local authorities cannot micromanage who can sell or deliver cannabis within their areas.

Requests for comment from Southampton town attorney James Burke went unanswered.