A majority of cannabis store owners and licensees are against relaxing the buffer zone that prohibits cannabis shops from being located within 1,000 feet of each other, as revealed by a recent industry survey. Conducted by the New York Cannabis Retail Association, which includes 300 members, the poll found that 94% of participants were opposed to altering the current “proximity protection” rule.
The state Cannabis Control Board is currently contemplating whether to issue waivers for the 1,000-foot rule in cities with populations exceeding 20,000, and for the 2,000-foot buffer in smaller towns.
According to Jayson Tantalo, vice president of operations for the Retail Cannabis Association, “The market is too fragile to change the proximity protection rules.” Tantalo, who with his wife Britni invested heavily in rent while waiting for their Flower City Dispensary license near Rochester, expressed concern over proposed reductions in buffer zones from 1,000 feet to 750 feet and from 2,000 to 1,750 feet in less populated areas. He emphasized that any modification could destabilize the market and argued that no exceptions should be made.
The survey analysis highlighted that members of the New York Cannabis Retail Association are firmly against changes to the current proximity standards and seek additional regulatory measures if exemptions are introduced to prevent making their businesses economically unviable.
Opposition to the proposed changes also comes from several New York City lawmakers, who are concerned about the oversaturation of legal cannabis stores despite existing illegal ones. Queens City Councilman Robert Holden criticized the potential policy shift, questioning the judgment of regulators.
Additionally, some licensed operators have indicated they might sue if the distance requirements are relaxed. This dispute follows a recent court ruling that might allow numerous suspected unlicensed pot shops to reopen due to procedural errors by the city’s cannabis enforcement officials.