City of Binghamton New York
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Adult-Use Cannabis Legalization
In March 2021, New York State adopted the Marijuana Regulation and Taxation Act (MRTA), legalizing adult-use recreational cannabis and creating the Office of Cannabis Management (OCM) to regulate its sale, cultivation, production and distribution.
Under the MRTA, any individual 21 or older may:
- Possess, display, purchase, obtain or transport up to three (3) ounces of cannabis and up to twenty-four (24) grams of concentrated cannabis.
- Transfer, without compensation, to a person 21 years of age or older, up to three (3) ounces of cannabis and up to twenty-four (24) grams of concentrated cannabis.
- Use, smoke, ingest, or consume cannabis unless otherwise prohibited by state law.
- Plant, cultivate, harvest, dry, process or possess cultivated cannabis in accordance with New York State law.
For more information, visit: https://cannabis.ny.gov/marihuana-regulation-and-taxation-act-mrta.
Draft Zoning Regulations for Cannabis Businesses in the City of Binghamton
On June 2, 2022, the City of Binghamton released a draft zoning map for cannabis businesses within City limits.
New York State will issue permits for 12 different business types that allow activities ranging from cultivation to retail and delivery. Binghamton’s Zoning Ordinance classifies the different business types as follows:
- Industrial—Includes cultivation, distribution, processing and storage
- Retail—Includes dispensaries and delivery services
- On-site Consumption—Businesses that sell directly to consumers for consumption on the premises.
For more information on each business type and/or licensing, click here.
All three business types will be permitted in the City. However, their locations will be regulated by the Zoning Ordinance.
Cannabis-related business will not be allowed in any residential zoning districts, nor in the C-3 Medical District, C-5 Neighborhood Office District, or C-6 Limited Neighborhood Commercial District. The remaining districts will allow different business types as follows:
- Industrial Businesses—I-1 Business Park District, I-2 Light&Medium Industrial District, I-3 Heavy Industrial District
- Retail Businesses—C-1 Service Commercial District, C-2 Downtown Business District, C-4 Neighborhood Commercial District, I-1 Business Park District, I-2 Light&Medium Industrial District
- On-site Consumption Businesses—C-1 Service Commercial District, C-2 Downtown Business District, C-4 Neighborhood Commercial District
New York State prohibits the location of cannabis-related businesses within 500 feet of a primary or secondary school or within two hundred feet of a house of worship.
How Can I Comment On Binghamton’s Draft Zoning Regulations?
Community members can submit comments on the City of Binghamton’s draft cannabis zoning regulations through July 2, 2022, by emailing Planning@cityofbinghamton.com.
How Do I Apply for a Cannabis License?
Please visit the New York State Office of Cannabis Management licensing website here. Note that not all license types are currently available for application.
Restrictions on Consumption
The smoking of cannabis is prohibited anywhere smoking tobacco is prohibited. Cannabis cannot be consumed when operating a motor vehicle. Please note that landlords, property owners and rental management companies can ban the use of cannabis on their premises.
Growing Your Own Cannabis At Home
Growing cannabis at home for personal or medical use is not permitted under the new law until the Cannabis Control Board adopts regulations outlining the rules. Please note that the law permits landlords to prohibit the use and/or growing of cannabis by tenants.
“Gifting” and Sticker Stores
The City of Binghamton is aware of reports of business operators selling a product or service, including club memberships or stickers, to consumers and providing cannabis as a “gift” in return. This activity is illegal under the MRTA. Business operators who participate in this activity risk jeopardizing their opportunity to obtain a license to participate legally in the cannabis market. For more information, see here.