A significant legal decision was handed down today in the case of Tink & E, et al. v. Town of Riverhead, et al., where the court ruled that New York State’s cannabis laws preempt certain local zoning regulations imposed by the Town of Riverhead. The ruling marks a crucial development in the ongoing debate over cannabis regulation and zoning authority within the state.
Representing the intervening respondents 1086 OCR LLC, Brian Stark Enterprises LLC and Brian Stark—whose interests were aligned with the petitioners on the preemption issue — Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP Partner and Co-Chair of the firm’s Land Use Practice Group Martha Reichert successfully argued alongside the petitioners that Riverhead’s cannabis regulations were preempted by state law. The court also found that the town’s regulations violated the uniformity requirements for zoning laws set forth in Town Law 262.
“This ruling is a major victory not only for our clients but for cannabis businesses throughout the entire state and especially here on Long Island, where restrictive zoning laws have slowed the roll out of legal cannabis businesses,” said Ms. Reichert, lead counsel for the intervening respondents. “It clarifies the boundaries between state and local authority on cannabis regulation and sets a precedent that will influence similar disputes across New York. We are proud to have played a pivotal role in this case.
The case is considered one of first impression in New York, as it directly addresses state preemption over local zoning laws related to cannabis. The outcome is expected to have wide-reaching implications for municipalities attempting to regulate cannabis businesses within their borders.
In a related matter, Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP, Barclay Damon LLP, and Harris Beach Murtha Cullina PLLC are currently representing 1086 OCR LLC, Brian Stark Enterprises LLC, and Brian Stark in a separate Article 78 proceeding challenging another section of Riverhead’s Town Code involving the distance between dispensaries and schools on the same legal grounds.
