Requires require prospective licensees of cannabis licenses to submit a formal attestation of compliance with local zoning laws, land-use regulations, and municipal code requirements

2025 Regular Session Introduced by Keith Brown and 3 co-sponsors

The bill requires cannabis license applicants to attest they comply with local zoning and codes, making local compliance a pre-condition for eligibility.

PRINT NUMBER 10088A

Purpose and intent

Bill A. 10088-A seeks to tighten the prerequisites for obtaining a cannabis license in New York by requiring prospective licensees to attest to compliance with local zoning, land-use regulations, and municipal code requirements. The underlying goal is to ensure that cannabis operations are planned and located in alignment with local planning and regulatory frameworks before the state issues a license.

Key provisions and changes

Attestation of municipal compliance (Section 61, new subdivision 4):

Any applicant for a cannabis license must submit a formal attestation confirming that the proposed premises (identified by section, lot, and block) and the planned uses comply with applicable local zoning laws, land-use regulations, and municipal code requirements.
The attestation must be provided in a form prescribed by the Cannabis Control Board and include certifications of zoning compliance, necessary local permits, or other documentation required by the municipality.
The Cannabis Control Board may not consider or approve an application lacking this attestation.

Inclusion of local opinions in record and response (Section 76, new subdivision 4):

When a city, town, village, or (in NYC) a community board provides an opinion for or against a license or registration, that opinion becomes part of the record used to determine the state board’s decision.
The Board must explain in writing how the local opinion was weighed in the final decision.
If a local body requests an extension due to not receiving the applicant’s notice addressed to the local clerk, the Board must grant one extension of up to 30 days to submit an opinion.

Effective date (Section 3):

The act takes effect 90 days after becoming law.

Who is affected

Cannabis license applicants: Must submit the new municipal compliance attestation as part of the eligibility criteria.

Local governments (cities, towns, villages, and community boards in NYC): Their opinions on applications are formally integrated into the state licensing record, and their ability to request a time extension is recognized.

The Cannabis Control Board: Responsible for validating attestations, incorporating local opinions into decisions, and managing extension requests.

Procedural and timeline aspects

Attestation requirement becomes a pre-condition to eligibility for any license under the cannabis law.

Local opinions informational role is formalized, with a written explanation requirement from the state board.

A one-time extension of up to 30 days is available for local boards that need more time to issue an opinion due to notice timing issues.

The bill is scheduled to take effect 90 days after enactment.

Potential impact

Increased alignment between state licensing and local land-use planning, potentially reducing siting conflicts.

More thorough local vetting early in the licensing process.

Possible delays in licensing timelines if attestation collection or local opinions become bottlenecks; the extension mechanism provides a pathway to mitigate delays.

Clearer documentation and rationale required from the state on how local input influenced decisions.