Southampton, Riverhead Explore Suit Against State Cannabis Board

The towns of Southampton and Riverhead are poised to sue the New York State Cannabis Control Board after the regulatory agency accused the municipalities of making it too hard for pot shops to open.

Both towns discussed suing the CCB during board meetings in the days after the CCB issued an advisory opinion taking issue with “unreasonably impractical” zoning regulations that have stalled the opening of state-licenced recreational cannabis dispensaries in the towns.

After that opinion was issued, the Riverhead Town Board discussed during an executive session at the end of its Oct. 9 work session “matters surrounding potential litigation between the Town of Riverhead and the NYS Office of Cannabis Management.”

Then on Oct. 14, the Southampton Town Board passed legislation to authorize the Town Attorney to “bring legal action against the Office of Cannabis Management, the Cannabis Control Board, and the State of New York.”

Southampton Town Attorney James Burke said the hiring was “for a possible joint action with the Town or Riverhead challenging the Cannabis Control Board’s opinions as exceeding their authority involving the respective town’s right to regulate the time, place and manner of the sale of cannabis and primarily the towns ability to properly provide the zoning and land use control for the cannabis sales.”

No court papers were filed as of press time, records show. The CCB declined to comment on pending litigation. The developments come as both towns continue litigating with cannabis retailers stuck in legal limbo in their bid to open for business.