Riverhead Yet to OK Cannabis Dispensary Permit, Despite Court Ruling

Nearly three years after New York State issued him a license to sell cannabis, Brian Stark has yet to open his retail cannabis dispensary in Riverhead, despite a recent court ruling in his favor.

The New York State Supreme Court struck down a section of Riverhead’s Town Code on Sept. 24 which stipulated a boundary of 1,000 feet between any cannabis dispensary and any school, library or day-care facility. State Supreme Court Justice Paul Hensley cited the state’s 2021 Cannabis Law § 1, that sets that boundary at 500 feet, and ruled that Stark, whose proposed dispensary at 1086 Old Country Road sits 735 feet from a school, “may proceed with the process of obtaining a building permit and a certificate of occupancy.” 

Two weeks on, Stark, 45 of Merrick, is still not in business. 

“I’m still waiting to get my building permit,” he said. “Hopefully I get it, because I have a court order that says I should be getting my building permit.”

Cannabis, or marijuana, is still considered a controlled substance by the federal government, but enforcement is rare. In recent years, most states have passed marijuana laws ranging from medical use only to fully legalized recreational use. In 2021, New York State passed a law legalizing and regulating recreational marijuana use for people aged 21 and over. That same state law gave local governments a time-limited option to opt out of cannabis sales. 

Riverhead was one of four Long Island towns that opted into the state law legalizing cannabis sales, with nine opting out. Since then, just two dispensaries have opened in Riverhead.

Attorney Martha Reichert represented Stark in his case before the State Supreme Court. “He is entitled to apply and receive his building permit,” she said, “It’s very cut and dry.” 

Nevertheless, Reichert expects the town to appeal the ruling: On October 7, the Town Council approved a resolution allowing the retention of special counsel for an appeal. “What we’re witnessing here is growing pains,” she added.

“I’m paying a mortgage, I’m paying taxes, I’m paying insurance, I’m paying legal fees. It’s not something I initially signed up for,” said Stark, who received one of the state’s first cannabis licenses issued back in November 2022. 

“It’s very costly, very stressful. I mean, not only stressful on me, it’s stressful on my family,” Stark added.

Riverhead Town Attorney did not respond to requests for comment.