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Highland sets regulations for cannabis dispensaries

By Derek Kirk
Posted 1/13/23

HIGHLAND – Amendments to the Town of Highland’s zoning laws regarding cannabis retail have officially been instituted within local law, allowing “adult-use cannabis retail …

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Highland sets regulations for cannabis dispensaries

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HIGHLAND – Amendments to the Town of Highland’s zoning laws regarding cannabis retail have officially been instituted within local law, allowing “adult-use cannabis retail dispensaries” to be established within town limits. 

The amendments fall under Chapter 190 of the town’s zoning law.

Despite the allowance of cannabis retail dispensaries, “on-site cannabis consumption establishments” are not permitted within any of the town’s zoning districts, pursuant to Local Law Number One of last year.

This is due in part to the town’s cannabis public referendum, which resulted in the town opting out of hosting any on-site cannabis consumption establishments within the town boundaries. On-site consumption of cannabis products is also prohibited while on the grounds of any cannabis retail dispensaries.

The amendments do not regulate “Medical Cannabis” use, pursuant to Article Three of the New York State Cannabis Law. The resolution defines medical cannabis as “all cannabis intended for a certified medical use, as determined by the Cannabis Control Board in consultation with the Commissioner of Health.”

The resolution also finalized the required approvals for establishing such a business within town limits. All retail cannabis dispensaries are subject to the granting of a special use permit by the town Planning Board. In addition to this, the Planning Board will also consider various potential impacts on the neighborhood, including “excessive traffic, noise, light, glare, or other nuisances associated with the retail sale of cannabis products.”

Any change in ownership would also require a new special use permit.

The amendments additionally determine that “adult-use cannabis dispensaries” are only allowed to be established within the Hamlet-Commercial (H-C) zoning district. It is prohibited for them to be established within other districts of the town, including Residential (R-1), Agricultural-Residential (R-2), and Washington Lake Resort District (WLRD).

It is also prohibited for such cannabis dispensaries to be located within 1,000 feet of the lot line of any educational institution, house of worship, public library, park, or athletic field. Nor may one be located within 1,000 feet of another dispensary. 

Furthermore, it is prohibited for one to be located within 100 feet of any residential lot line boundary.

According to Town Supervisor Haas and Planning Board Secretary Monica McGil, there are currently no applications before the Planning Board regarding the establishment of any adult-use cannabis dispensaries within the town.

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