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Cannabis Preemption After 1086 OCR and 'Tink': Where State Licensing Ends and Local Zoning Begins

Two companion decisions issued by the Appellate Division, Second Department, on July 29, 2026, provide the clearest appellate guidance to date on the boundary between New York’s statewide cannabis licensing framework and local land-use authority to regulate cannabis dispensaries.

6 minute read October 01, 2026 at 12:13 AM
By
Martha F. Reichert
Cannabis Preemption After 1086 OCR and 'Tink': Where State Licensing Ends and Local Zoning Begins

Two companion decisions issued by the Appellate Division, Second Department, on July 29, 2026, provide the clearest appellate guidance to date on the boundary between New York’s statewide cannabis licensing framework and local land-use authority to regulate cannabis dispensaries.

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