The Most Cannabis Business Friendly Locations in Westchester County, New York
by Omar Figueroa
January 24, 2022
Cannabis entrepreneurs are always on the lookout for new business opportunities, and the passage of the Marihuana Regulation and Taxation Act (MRTA) on March 31, 2021 dramatically altered the landscape by opening up new markets for state-licensed cannabis products all across the Empire State. While the regulations governing adult-use sales are still under development at the state level, a significant deadline established by MRTA for towns, cities, and villages has passed. In particular, December 31, 2021 was the last day for any town, city or village to prohibit the establishment of retail dispensary licenses and/or on-site consumption licenses:
Local opt-out; municipal control and preemption. 1. The licensure and establishment of a retail dispensary license and/or on-site consumption license under the provisions of article four of this chapter authorizing the retail sale of adult-use cannabis to cannabis consumers shall not be applicable to a town, city or village which, after the effective date of this chapter, and, on or before the later of December thirty-first, two thousand twenty-one or nine months after the effective date of this section, adopts a local law, subject to permissive referendum governed by section twenty-four of the municipal home rule law, requesting the cannabis control board to prohibit the establishment of such retail dispensary licenses and/or on-site consumption licenses contained in article four of this chapter, within the jurisdiction of the town, city or village. Provided, however, that any town law shall apply to the area of the town outside of any village within such town. No local law may be adopted after the later of December thirty-first, two thousand twenty-one or nine months after the effective date of this section prohibiting the establishment of retail dispensary licenses and/or on-site consumption licenses; provided, however, that a local law repealing such prohibition may be adopted after such date.
Cannabis Law § 131. While no local law may be adopted after the December 31, 2021 deadline which prohibits the establishment of retail dispensary licenses and/or on-site consumption licenses, any such local prohibitions put in place on or before the deadline can be subsequently repealed.
The Rockefeller Institute of Government has a Marijuana Opt-Out Tracker to keep track of which of New York State’s 1,521 municipalities made the decision to opt out of adult-use cannabis dispensaries and/or on-site consumption lounges. Selecting for places that allow both dispensaries and on-site consumption lounges, the friendliest locations for cannabis businesses appear to be the following municipalities in Westchester County: the cities of Mount Vernon, New Rochelle, Peekskill, White Plains, and Yonkers, the towns of Pound Ridge and Rye, and the Village of Sleepy Hollow.
Clearly, municipalities with significant populations will have a built-in customer base. Ranked by population in descending order, the cannabis-friendly jurisdictions in Westchester County are: Yonkers (211,569), New Rochelle (79,726), Mount Vernon (73,893), White Plains (59,559), Rye (49,613), Peekskill (25,431), Sleepy Hollow (9,986), and Pound Ridge (5,082).
Some of these places are located in close proximity to higher-income jurisdictions which chose to prohibit both dispensaries and consumption lounges. For example, Scarsdale, New York has a median household income of $250,000, yet chose to opt out of both dispensaries and lounges in December of 2021, right before the deadline. This regulatory landscape presents opportunities for dispensaries and consumption sites in nearby White Plains, which is less than a ten minute drive away. Similarly, Bronxville, New York has a median household income of $181,286 yet also chose to opt out of both dispensaries and lounges. This situation presents opportunities for dispensaries and consumption lounges in the nearby city of Mount Vernon, which coincidentally happens to be approximately a ten minute drive away from Bronxville. Of course, availability of commercial real estate must be factored in as well.
Our Senior Associate Attorney Lauren Mendelsohn, who grew up in New York and whose father was born and raised in Westchester County, is excited to see this marketplace open up. “It’s a great location that will bring in customers not only from the immediate areas, but also from neighboring counties and states as well.”
This information is provided as a public educational service and is not intended as legal advice. For specific questions regarding New York’s cannabis laws and regulations, please contact The Law Offices of Omar Figueroa, Inc., P.C. at info@omarfigueroa.com to schedule a confidential consultation.
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